one-year pilot OWP for spouses and common-law partners

[Ponga]

It certainly appears that CIC, while creating a pilot program for Inland applicants that applied for spousal sponsorship to apply for OWP, didn't change the requirements for an OWP:
http://www.cic.gc.ca/english/resources/tools/temp/work/admissibility/open.asp

There are other types of sponsorship mentioned besides SCLPC. Why didn't CIC create qualifications for these OWP that are reflective of the Inland application eligibility requirements, which do NOT include legal status?

It doesn't appear to me that the International Mobility Program: Open Work Permit document was modified much at all for the `pilot program'.

 

[NorthDakota22]

You would be eligible because you HAD legal status and still have legal status (albeit implied status).

Those that HAD legal status, but did not MAINTAIN that status, either by including an OWP, or Study Permit WITH their Inland application, or by extending their visitor status, would NOT be eligible:

qualifying foreign nationals who have submitted an application for permanent residence under the spouse or common-law partner in Canada (SCLPC) class.

Officers will issue open work permits to SCLPC applicants if they meet the following requirements:
a PR application has been submitted under the SCLPC class;
a Canadian citizen or permanent resident spouse has submitted a sponsorship application on their behalf;
the SCLPC applicant resides at the same address as the sponsor; and
the SCLPC applicant has valid temporary resident status (as a visitor, student or worker).

I just spoke to a very nice and helpful CIC call centre agent (for once!) and what Ponga said is absolutely correct. My partner and I are in a situation without status: she had status when she applied, but didn't maintain it through a visitor visa and didn't submit an OWP with the sponsorship application. The agent I talked to confirmed that:

1. If you have a work permit when you applied, and submitted an OWP with your application you would still have implied status even if your work permit expired, and would be eligible for the new program.

2. If you didn't submit an OWP when you applied, and fell out of status during the wait, but you have been out of status for LESS than 3 months, you can still apply to restore your status then submit an OWP with the new program.

3. If you didn't submit an OWP when you applied, and fell out of status during the wait, and have been out of status for MORE than 3 months, you are not eligible and have to wait for AIP.

I am very happy for many others, but also so disappointed that my partner and I aren't eligible. My heart goes out to everyone else in the same boat as us! The only consolation that the agent gave me is that the processing of the new OWPs will NOT slow down first stage processing of sponsorship, because AIPs are processed in Mississauga and OWPs are processed in Vegreville. At least for us people without status, it looks like the status quo rather than an even slower process!

 

[Becksterd]

My husband applied for an OWP along with the spousal application and we sent both files to mississauga... i hope this was the right place as they are saying the new applications (if they hadn't applied for OWP) should be sent to vegreville???

 

[susana]

My husband applied for an OWP along with the spousal application and we sent both files to mississauga... i hope this was the right place as they are saying the new applications (if they hadn't applied for OWP) should be sent to vegreville???

Dont freak out...he is fine...

 

[MasterBC]

Just sharing info got from cic officer today morning after they posted the guidelines/info on this pilot program

1. I submitted PR application with OWP July 2014, got AOR 2 weeks after... I asked if do I need to re-submit application through online or is there any other action item on my end in order to get OWP under this pilot program
*** officer told me that I don't need to do anything as I have my OWP apps already, all I need to do is to wait through mail on the approval of OWP

2. I asked how can I have assurance that my OWP apps is already in process, is there any way I can check rather than calling them (which you need more patience in waiting to get in their line)
*** officer told me to check online using UCI # or file # through owp category (which I haven't check if there such category)

3. Standard medical requirements for open work permits apply.--- since I don't do upfront medical, I asked if I need to get medical specifically for OWP apps
***officer verified to his senior officer and told me that I don't need to do medical now... as such, they will issue OWP to me with some restrictions that I can't work in health, childcare section etc... until I update/submit medical (though I'm not convinced fully, but will still make some research or any advice/info please)

Happy Holidays everyone! let's continue to share info

 

[quebecnewhusband]

Question for all :

My wife didn't submit her medical examination with her PR application, because we decided to wait until it is asked. If I understand well, an OWP can still be delivered without medical examination, but it will come with those restrictions : "Not authorized to work in 1) child care, 2) primary or secondary school teaching 3) health services field occupations, 4) agricultural occupations." (she's from a designated country). Is that right? Would it be wise to send our medical examination along with OWP if we prefer to have no restriction?

Another question :

Also, I must not be searching well, but I'm unable to find what are the required documents to send with the OWP application, and also how much is the fees. Anyone can show me the link giving me the right information? It sure has to be more than just the form and the fees. They must need some identity proofs?

Final question :

In some provinces, does OWP give the right to health insurance? We live in Quebec so I'll make my research. But I wonder if OWP can give not just health insurance, but also a social insurance number (which would allow my wife to open her own bank account in Canada, among other things).

Thanks!

EDIT : I see MasterBC has similar questions than me!

 

[susana]

Question for all :

My wife didn't submit her medical examination with her PR application, because we decided to wait until it is asked. If I understand well, an OWP can still be delivered without medical examination, but it will come with those restrictions : "Not authorized to work in 1) child care, 2) primary or secondary school teaching 3) health services field occupations, 4) agricultural occupations." (she's from a designated country). Is that right? Would it be wise to send our medical examination along with OWP if we prefer to have no restriction?

YES only if she wants to work in any of the restricted occupations, if not why bother ?

Another question :

Also, I must not be searching well, but I'm unable to find what are the required documents to send with the OWP application, and also how much is the fees. Anyone can show me the link giving me the right information? It sure has to be more than just the form and the fees. They must need some identity proofs?

http://www.cic.gc.ca/english/information/applications/extend-worker.asp

Final question :

In some provinces, does OWP give the right to health insurance? We live in Quebec so I'll make my research. But I wonder if OWP can give not just health insurance, but also a social insurance number (which would allow my wife to open her own bank account in Canada, among other things).

Yes, and SIN is needed to get a job, so YES again.

Thanks!

EDIT : I see MasterBC has similar questions than me!

 

[quebecnewhusband]

Thank you Susana for the quick reply!!

 

[susana]

Thank you Susana for the quick reply!!

You are welcome

 

[Ponga]

Does it seem fair that CIC excluded those without status?

If this is supposed to close the gap between AOR and AIP, why should they have been overlooked, since their status doesn't disqualify them from the Inland sponsorship process? Even a person without status is eligible for an OWP once they receive AIP...just like everyone else.

Maybe they don't trust those applicants that fell out of status.

 

[omariewk1]

Does it seem fair that CIC excluded those without status?

If this is supposed to close the gap between AOR and AIP, why should they have been overlooked, since their status doesn't disqualify them from the Inland sponsorship process? Even a person without status is eligible for an OWP once they receive AIP...just like everyone else.

Maybe they don't trust those applicants that fell out of status.

I totally agree with you ponga. if they allow people without status to apply why exempt them from the pilot program? doesn't make sense to me. its like CIC is standing on one foot and shooting themselves in the other. people with or without status can perform marriage of convenience.

 

[ambana]

This program is not for those outland applicants. Am I correct?
I am Canadian living abroad and submitted my application to sponsor my non-Canadian wife, is there anyway to apply for work permit to her so that we would be able to enter Canada before she gets her PR status?

 

[canuck_in_uk]

Does it seem fair that CIC excluded those without status?

If this is supposed to close the gap between AOR and AIP, why should they have been overlooked, since their status doesn't disqualify them from the Inland sponsorship process? Even a person without status is eligible for an OWP once they receive AIP...just like everyone else.

Maybe they don't trust those applicants that fell out of status.

If I had to take a guess, I'd say it was simply a matter of perception. No government/government agency wants to be seen as soft on illegals; the general public isn't happy when such people receive any form of benefit, which a work permit definitely is.

They can justify, and I believe most people in Canada accept, giving an illegal person PR status after an in-depth application verifying that they are the genuine spouse of a Canadian citizen/PR. No one wants to split up families.

However, it would be harder to justify giving a work permit to any person that is illegally in Canada, especially if it's issued based solely on a submitted PR application that hasn't actually been verified. That can easily be seen by John or Jane Canadian (who knows very little about the immigration system) as a "soft on illegals" action.


As for such people being able to apply for an OWP after AIP, perhaps CIC allows it because they know by that point that the relationship is genuine and the person isn't trying to use the PR app simply to get some form of status in Canada.

 

[dominokitty]

Sorry if this doesn't belong here, I made a thread but nobody has responded. My husband and I are just about to send in our application, but these new changes have us questioning whether it is better to apply from inland or outland. We want him here in Canada and working as soon as possible. The PR card is just a bonus, what we really want is to be together and living in the same country. We've been doing the long distance thing for 3 years now and the flights back and forth are expensive, and we're both terribly depressed when the other isn't around..

With these new changes, if I am understanding it correctly, he would have his open work permit in 4 months. It's necessary for us however that he is able to return to Austria to visit while we wait on our application. Is this possible when applying inland? His grandmother is in poor health and it would be beyond terrible if he wasn't able to return to austria should something bad happen. Also, would they refuse him entry into Canada if he told the border officer that he intended on applying inland and staying in Canada on implied status? What about refusing him re-entry into Canada if he had to leave? How does that work?

If travel back and forth occasionally isn't possible, should we go the outland route instead? 4 months instead of 19 is a huge difference, especially as we are at the point in our lives where we want to settle down and start a family together.. any help or input is appreciated! Thanks!

 

[sophieee]

I'm really sorry that so many people can't benefit from this new program. Eric Laine hinted something on Facebook that the processing time will decrease in January. I don't know if he meant that they won't stop pressure the ministers about this issue, or he already know something that he can't share yet. Either way, I hope that something will happen in the new year and no 2013-2014 applicant need to wait much longer for their work permit.