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

[Jamesdavid3]

it doesn't matter who the AOR was addressed to. you are also currently out of status until a decision is made on your restoration of status. since you fell out of status before you sent in your corrected pr and OWP applications, that means you are STILL out of status until CIC tells you otherwise. an AOR just confirms the date they received your PR application. The AOR has nothing to do with implied status, your OWP or probably not even your restoration of status (unless that application was specifically mentioned in your aor - which is doubtful).

When do they contact you about the restoration of status as I had 90 days to submit my application which I did, I have got nothing from then at all and I sent my application back and then got my AOR..

 

[rhcohen2014]

When do they contact you about the restoration of status as I had 90 days to submit my application which I did, I have got nothing from then at all and I sent my application back and then got my AOR..

i have no idea what the processing time is for restoration of status. perhaps since it was submitted with your corrected PR application, you won't hear until they start processing that application.

 

[screech339]

No the AOR was address to me, It had no information for the person sponsoring me.

Interesting. They must have changed the AOR letter format as the copy of AOR I have only addressed to me, me being the sponsor, and informed me that CIC has my application. Nothing more.

 

[MapleLeafMan]

"However, applicants who do not have temporary resident status and who cannot be granted positive consideration under the public policy can be removed at any time."

Wouldn't my lawyer be able to claim that I qualify under the public policy and therefore they have done nothing wrong?

"What is “lack of status” under the public policy?
For the purposes of the current public policy, persons with a “lack of status” refers to those in the following situations:
• persons who have overstayed a visa, visitor record, work permit, student permit or temporary resident permit"

Reading this, kind of makes me think that they cant remove me because i qualify under overstayed visa???

 

[Rob_TO]

"However, applicants who do not have temporary resident status and who cannot be granted positive consideration under the public policy can be removed at any time."

Wouldn't my lawyer be able to claim that I qualify under the public policy and therefore they have done nothing wrong?

"What is “lack of status” under the public policy?
For the purposes of the current public policy, persons with a “lack of status” refers to those in the following situations:
• persons who have overstayed a visa, visitor record, work permit, student permit or temporary resident permit"

Reading this, kind of makes me think that they cant remove me because i qualify under overstayed visa???

I think you are missing the point here entirely.

You do not want to be here ILLEGALLY and be subject to ANY examination from CBSA. No matter if there is a small or big chance you would actually be deported.

The lawyer had every opportunity to advise you to simply apply for an OWP along with inland app, which would have given you LEGAL status right now, not to mention getting your OWP a lot quicker. This rule has been in existence for MANY MANY YEARS, it was not recently changed, so that is no excuse by the lawyer.

The fact they didn't get you to apply for OWP is the main issue you should be arguing with them about.

 

[rhcohen2014]

The fact they didn't get you to apply for OWP is the main issue you should be arguing with them about.

I would also be concerned about why the attorney didn't recommend OUTLAND as opposed to inland. I would even print out the guide and highlight the overview section where CIC actually RECOMMENDS applicants apply through outside of canada. i don't see what valid reason an attorney would recommend inland over outland for visa exempt applicants.

 

[MapleLeafMan]

Thank you all.

I have been most worried about that I can get deported because "out of status". However, after reading this, over and over again, (english is not my mother tongue), I take it as that is not the case, I cannot be removed or deported since i qualify under "lack of status" and the public policy.

Implied status would still have felt better and been a lot more straight forward.

 

[Rob_TO]

I would also be concerned about why the attorney didn't recommend OUTLAND as opposed to inland. I would even print out the guide and highlight the overview section where CIC actually RECOMMENDS applicants apply through outside of canada. i don't see what valid reason an attorney would recommend inland over outland for visa exempt applicants.

Very true, but in the end outland vs inland is still a personal choice, and lawyer can argue anything they want to defend this.

The more inexcusable, indefensible thing they did is not ensure LEGAL status and a quicker OWP for their client by simply applying for OWP. Allowing their client to become out-of-status when they didn't need to, can't be excused and would be justification to demand a refund and report them to any higher authority.

 

[MapleLeafMan]

Very true, but in the end outland vs inland is still a personal choice, and lawyer can argue anything they want to defend this.

The more inexcusable, indefensible thing they did is not ensure LEGAL status and a quicker OWP for their client by simply applying for OWP. Allowing their client to become out-of-status when they didn't need to, can't be excused and would be justification to demand a refund and report them to any higher authority.

But they didn't know about this new pilot program back in may. I won't blame them for that. However it is not acceptable to let me run out of status and claiming that i have implied status.



"Under the current Regulations, applicants in this spouse or common-law partner in Canada class must have a valid temporary resident status on the date of application and on the date they receive permanent resident status to be eligible to be members of the class.


However, under the spousal policy, applicants who lack status as defined under the public policy (see “What is lack of status under the public policy” below) may be granted permanent residence so long as they meet all the other requirements of the class (i.e., they are not inadmissible for reasons other than “lack of status.”)"

Does that mean I could be denied PR, simply because I've run out of status and nothing else? Or I guess the key here is that i HAD legal status when application was sent in? And what they're saying is that even if wouldn't have had that legal status, I still may have qualified for PR?

 

[MapleLeafMan]

From what I can understand, I cannot be removed, since I do qualify under public policy.
From what I also do understand, my PR application won't be affected in a negative way, because I had legal status when it was submitted.
If all this is true, it's not as much of a big deal that I first thought.
Still unacceptable and unprofessional.
Am I doing the correct interpretation though?

If a removal order against me was made (which should not happen since I qualify under public policy) I would have a good chance to qualify under deferred removal, too. Right?

I hope this is correct. It would make me really happy and I could finally get some sleep.

 

[Rob_TO]

But they didn't know about this new pilot program back in may. I won't blame them for that. However it is not acceptable to let me run out of status and claiming that i have implied status.

The new pilot program is irrelevant. In fact since the pilot program wasn't around back then, that is just MORE reason a competent lawyer would have recommended an outland app from the beginning. It's only with the introduction of pilot program recently that a case can be made to apply inland now. Back when you applied, there was zero excuse not to go outland.

But new pilot programs or changes to any policies, still make it inexcusable that the lawyer would not have gotten you to apply for OWP along with inland app to ensure your legal implied status during entire processing, and getting OWP quicker. That rule was always in effect, even back when you applied.

 

[TonyHomedad]

I wonder if anyone that has received their OWP under this pilot program has had problems getting hired, since it says something like `Pending FC (Family Class Sponsorship) approval? Maybe employers are a bit weary to go through the trouble of hiring someone, if they're still `pending'?

Just curious.

I am wondering the same. Has anyone received their OWP under this pilot program? If so, how long did it take you?
I am curious if this OWP (under this pilot program) application process is different than other WP process? this OWP has its specific channel in CIC? I hope CIC has high integrity that this pilot program is not merely announced to ease the public's concern, but to really help the people that need it.

 

[Ponga]

I am wondering the same. Has anyone received their OWP under this pilot program? If so, how long did it take you?
I am curious if this OWP (under this pilot program) application process is different than other WP process? this OWP has its specific channel in CIC? I hope CIC has high integrity that this pilot program is not merely announced to ease the public's concern, but to really help the people that need it.

It sounds like it's automatic. All you do is submit an Inland sponsorship application and OWP application (or have one already in the queue) and the OWP is issued, no questions asked (provided the applicant has legal status).

 

[TonyHomedad]

It sounds like it's automatic. All you do is submit an Inland sponsorship application and OWP application (or have one already in the queue) and the OWP is issued, no questions asked (provided the applicant has legal status).

I see, but won't they need to open and verify the Inland sponsorship application previously filed by the OWP applicant?

 

[28january]

It is automatic, I sent my OWP with my PR application, didn't do anything since the pilot was announced, and voila, I find a lovely brown envelope waiting for me in my post box. I am January 2014 applicant, got mine four days ago.

Tonyhomedad, if you have an AOR then they must have noted down what you included in your application package. And assuming that you paid the OWP straight up its probably in the system too.

My guess is the employer wouldn't care that your OWP is conditional; from what I remember they only ask for your sin number which doesn't say anything about your status. The only thing that gives it away is the expiry date but a lot of people got their permit that's good for two years which is no different than other types of work permit? Haven't gotten hired yet so I could be wrong though