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

[Andy312uk]

You have to have at least 10 posts before you can edit your profile information to show your stats.

She must now wait for the OWP to be issued after she receives AIP.

She is still out of status and it is far too late to apply for a Restoration of Status.

Thank you for your reply, it is disappointing considering the advise given by CIC call centre

 

[Rob_TO]

I submitted Sponsership, PR and OWP for my partner together with all medicals and fees upfront as recommended by cic call centre agent, AOR 6th June 2014, her vistor visa expired 31st may 2014, we did not renew it as an CIC call centre a gent said there was no need as she would have implied status,
We have just found out today that she is not eligible for the pilot scheme due to being out of status for 5 days

Finally my question, what are our options, the remaining time based on the current 17 month time scale , leaves about 10 months to AIP
But if new OWP was submitted now, it would only be 4months, should we be applying again? Or just wait
Should we be applying for a vistor visa ?

I am now so confused as to her status, and what we should be doing as everything we have done so far has been as suggested by CIC call centre agents

What country is she from? If visa-exempt, then she could take a quick trip to the US, and on re-entry to Canada she would get a fresh new visitor status and would no longer be out of status. Then she could probably also submit her OWP app since she would be in status.

Of course the big risk is being denied re-entry and having the inland app cancelled. However if visa-exempt the risk should be small, you'll have to figure out if it's worth it to try and get the OWP.

 

[Andy312uk]

What country is she from? If visa-exempt, then she could take a quick trip to the US, and on re-entry to Canada she would get a fresh new visitor status and would no longer be out of status. Then she could probably also submit her OWP app since she would be in status.

Of course the big risk is being denied re-entry and having the inland app cancelled. However if visa-exempt the risk should be small, you'll have to figure out if it's worth it to try and get the OWP.

Hi we are both from the uk, British citizens, I have PR

 

[Rob_TO]

Hi we are both from the uk, British citizens, I have PR

She can NOT apply for a visitor "visa", as UK citizens are visa-exempt. She only get visitor "status" when coming to Canada. And since it's been 90 days since her "status" expired, she can no longer request to restore that status.

As I said, the only way for her to get legal status again is to leave Canada and then re-enter. If she re-enters successfully that would automatically give her new "status" in Canada, and she could immediately apply for her OWP.

It's too bad you didn't do an outland app as she would probably already have PR by now or close to it, but that is water under the bridge. Research the risks involved in leaving/re-entering Canada, and see if it's something you would want to try to speed up her OWP. In showing a PR app in progress, traveling with you, and able to explain previous overstay if asked... risks of being denied entry by CBSA should be small, but of course not guaranteed.

 

[Ponga]

What country is she from? If visa-exempt, then she could take a quick trip to the US, and on re-entry to Canada she would get a fresh new visitor status and would no longer be out of status. Then she could probably also submit her OWP app since she would be in status.

Of course the big risk is being denied re-entry and having the inland app cancelled. However if visa-exempt the risk should be small, you'll have to figure out if it's worth it to try and get the OWP.

Not sure if that would solve the OWP issue, since she was out of status when CIC received the Inland application. It would, however, resolve her visitor status issue.

 

[Andy312uk]

Thank you both for your input

 

[Rob_TO]

Not sure if that would solve the OWP issue, since she was out of status when CIC received the Inland application. It would, however, resolve her visitor status issue.

It's up to your interpretation: http://www.cic.gc.ca/english/resources/tools/temp/work/admissibility/open.asp
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).
Case processing centres will ensure that the requirements are met and conduct a systems check to identify any adverse information on either the sponsor or the applicant that would render the applicant ineligible to receive an open work permit. If there is information that an applicant is inadmissible, their application for an open work permit will be refused

There is nothing that says valid status is required at time you submitted the app, only that status is required when the OWP is processed. Note they use the present tense "has" status, instead of past tense "had" status, so status right now seems to be more important than what status was back when app was submitted. So as soon as a person out of status re-gained their status, they could turn back into "qualifying" OWP applicants.

Again though, it's up to your interpretation.

 

[Andy312uk]

All immigration and border control really seems to be the way the individuals interpret the official guide lines it seems

 

[Ponga]

It's up to your interpretation: http://www.cic.gc.ca/english/resources/tools/temp/work/admissibility/open.asp
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).
Case processing centres will ensure that the requirements are met and conduct a systems check to identify any adverse information on either the sponsor or the applicant that would render the applicant ineligible to receive an open work permit. If there is information that an applicant is inadmissible, their application for an open work permit will be refused

There is nothing that says valid status is required at time you submitted the app, only that status is required when the OWP is processed. Note they use the present tense "has" status, instead of past tense "had" status, so status right now seems to be more important than what status was back when app was submitted. So as soon as a person out of status re-gained their status, they could turn back into "qualifying" OWP applicants.

Again though, it's up to your interpretation.

That could very well be, but until a person that has applied without status (or has since lost their status) feels like taking the risk of leaving and returning, followed by an OWP...we'll never really know.

 

[jwilcanada]

I'm just about to post my application for an open work permit. I submitted my SCLPC application May last year and my current work permit expires in just over 2 months.

From all the info Ive read all I have to do is complete IMM5710e, pay the fees of $155 and post the receipt and IMM5710 form with a cover page explaining that I have already submitted the SCLPC application and now applying for an open work permit to CPC in Vegreville?

 

[BC1000]

Has anyone recently received their open work permit through the one year pilot project?

 

[Rob_TO]

Not sure if this has been posted, but a friend of mine recently got OWP under this pilot program, and very easily used the OWP to register for OHIP. The 3 month waiting period starts as of date of the OWP.

So there should be no need for an actual job offer, before you can register for OHIP. OHIP person said with this class of OWP (via being sponsored) a job offer is not required.

 

[rhcohen2014]

Not sure if this has been posted, but a friend of mine recently got OWP under this pilot program, and very easily used the OWP to register for OHIP. The 3 month waiting period starts as of date of the OWP.

So there should be no need for an actual job offer, before you can register for OHIP. OHIP person said with this class of OWP (via being sponsored) a job offer is not required.

yes, people have mentioned the class is "27" and there have been no reports of issues getting ohip. at least CIC did something right!

 

[raffylopezcutora]

Not sure if this has been posted, but a friend of mine recently got OWP under this pilot program, and very easily used the OWP to register for OHIP. The 3 month waiting period starts as of date of the OWP.

So there should be no need for an actual job offer, before you can register for OHIP. OHIP person said with this class of OWP (via being sponsored) a job offer is not required.

Do you know when did your friend submitted his OWP app under the piloy program?.. I submitted mine las Jan 19 so far nothing from CIC yet..

 

[wanderer1974]

We applied for PR in Sept 2013. We are still waiting to hear about phase 1, my approval as sponsor.

We sent in the OWP app under the new pilot program the first week of Jan 2015. We are going crazy waiting for a response as 17 months of unemployment is enough to make anyone stir crazy. Does anyone know the timeline on this? I know they say up to 4 months but any good news on seeing it sooner?