Open Work Permit after AIP

[cathyg]

Hi there,

I feel like I have been ill advised by my lawyer and I need some help.

I am a South African citizen and I am married to a Canadian born citizen. I came over to Canada on a temporary student visa (the SWAP program) with an Open Work permit in July 2009. The open work permit expired at the end of June 2010. My husband and I were married in March 2010.

In May 2010 we applied for spousal sponsorship for PR with an Inland application. We were advised not to apply for an extension of my Open work permit as one of its restrictions is that it cannot be extended. We were also advised not to send in the normal Open work permit application at the time of applying for PR.

I know it usually takes 6 months to be AIP, but what I would like to know is when do they usually issue the government issued file number? Should that not have been straight away? Or do they only issue that when you are AIP at the 6 month mark? How do I know that they have even received my PR application?

My next question is once we get our file number and AIP what are the steps to apply for an Open work permit? How long does that process usually take? Should we not have applied for work permit when we sent in the PR application?

And lastly with me not applying to extend my initial open work permit or extending my visitor status am I in Canada illegally? Or do I have implied status? I do know that I shouldn't leave the country until the full PR application process is complete as they might not let me back in the country, but this is all very stressful.

I have asked my lawyer these questions over and over but they don't give me a straight answer. It's a big law firm and they have several departments that don't seem to communicate with each other. I don't even think I am corresponding with an actual lawyer, I'm probably speaking to a legal secretary or an assistant. I wonder what the hell I am paying them for?

Any help would be greatly appreciated. It's horrible not knowing where you stand and all the lawyers and law firms I have spoken to don't seem to get that it is person's life at stake here.

Thanks very much!

 

[addntox]

If you applied for PR before your status ran out you will have implied status so you will not be here illegally. When they start to process your application it will show up on ecas you can log in using ur client ID number. when you recieved your aip you just apply for the work permit the regular way and pay the fee. If the application wad sent by courier you will know they recieved It by the tracking number. My question Is if there is no criminality or other reasons for inadmissibility why did you feel the need for a lawyer?

 

[boasorte]

If you apply for an extension before your visa expires you will be on a IMPLIED STATUS therefore you will be just fine
...and it's taking 8-9 months(or even more)for AIP, not 6 months as you said

 

[kelKel]

If you were working when you filed for PR in order to have implied status as a worker you need to include the OWP in the same package as the PR application.

If you didn't include this you cannot continue to work on the expired permit or SIN and will have to wait until AIP in order to apply for your open work permit. The timeline for getting that is farely quick.

 

[kelKel]

I don't know if anyone else knows the answer to this?

I thought submitting a PR application alone doesn't give you implied status? I was pretty sure if you didn't submit an extension with the PR applcation in the same package, then you would have to change conditions to visitor seperately.
Hmmm...

 

[addntox]

it gives you implied "visitor" status NOT implied worker status people on SWAP or BUNAC cannot get implied status as a worker as they are not usually extended beyond the original period of validity. The OWP for AIP is a whole new application not an extension of the BUNAC/SWAP it changes to visitor once that visa expires. No you dont have to submit the work visa with the app to fall under this requirement however you are subject to removal procedings at any time during this process if CIC or CBSA deems you are a person ready for removal. You'll be fine, as soon as you get AIP file for the work permit (same application as visitor you just check work permit box) pay the $150 and wait the 35 - 75 days less mailing time (depending on time of year)

Currently 8-9 months the process may speed up a little after the summer visa rush is over and more officers can work on PR apps

 

[kelKel]

Addntox the poster said she didn't submit the open work permit with her application. Therefore she wouldn't have any implied status even as a visitor becuase nothing was submitted. She is responsible for maintaining her status in Canada until AIP when she could apply for the work permit.

 

[addntox]

Under the requirements set forth in 2005 a PR applicant does NOT have to have status in canada to file under the family class route. However this does not exclude the applicant from being subject to removal procedings if the CIC or CBSA decide a person is removal ready. Unless there is an admissibility problem or misrepresentation it is highly unlikey that this will happen, and once AIP is granted the applicant can file for an open work permit.

as per CIC website

If I have overstayed my visa or visitor record or if I have been working or studying without a permit, can I apply for permanent residence under the Spouse or Common-law Partner in Canada Class? If yes, how do I apply?
Yes. You can apply for permanent residence under a public policy that creates exceptions to the Spouse or Common-law Partner in Canada Class, if you are still in Canada.

 

[cathyg]

Thanks so much for all your help!!!

We felt the need for the lawyer as we weren't sure about my work permit and we wanted to try and make the whole process easier. I think it backfired for us with a fairly large price tag.

Where and when do we get our ecas number? The law firm have told us they have sent off the application via courier so I imagine they got the confirmation.

Excuse my ignorance but how do we apply for an open work permit the normal way? That was what we had hoped the law firm would help us with in the first place but they have not helped us at all.

Would you recommend we apply for the open work permit without the help of the law firm's work visa department? If it is straight forward, it might be simpler that way? Or do you think we are legally bound to use them since they are processing our PR application?

 

[addntox]

When you recieve AIP just grab the forms from CIC website fill them in pay the $150 fee and send them off. There is no reason i can see to justify you needing a lawyer for this. I know lawyers can be expensive, i had to use one. But i chose a smaller firm with good credentials that had a more personalised approach. Dont feel like you made a mistake using a lawyer you did what you felt was the right thing to do at the time. But unless you are dealing with inadmissibility issues or something of serious consequence there's really no need to use a lawyer. When you got your work permit did you recive a number on it that is in this format 0000-0000? It was always on the top right of my visa. if so that is your client ID number and it will be the same number for any future correspondance with CIC. Getting an open work permit after AIP is no harder than filing for a visitors extension the only thing different is the fee the form is identical its just a couple of boxes you check on the form that make the difference. You are not legally bound to use them for anything, you are employing them on your behalf you signed the use of representative to that particular application, they have nothing to do with your work permit application. And like any employee you can fire them at anytime. The only legal obligation you have is to pay for the fees you agreed to in the legal contract they most likley had you sign, and i would imagine there's the standard if you want to sue us you must sue us from canada stuff.

 

[addntox]

I understand the provision of being able to apply for PR if you've overstayed or don't have status. The poster did have status when she applied. I believe they still advise to maintain your status if even as a visitor instead of letting it lapse

I guess everyone goes about it a different way. Just speaking from personal experience )

Didnt matter in mine, my last status lapsed due to several complications, my app processed regardless and it wasnt an issue upon landing. It seems from you avatar info you applied at buffalo...different rules for outland application and remaining in canada.

 

[cathyg]

Thanks so much!!

 

[addntox]

You are most welcome, just glad i could be of some help to you