Open Work Permit application without current status

[Chris2021]

Hello Everyone,

First off some background:
I applied for Inland Spousal Sponsorship including an Open Work Permit in September 2020, before that I was on an IEC Working Holiday Visa. In February my whole application was returned because I forgot to get a validated translation for my birth certificate. I stopped working immediately and contacted an immigration Lawyer. I updated my application and sent it back at the beginning of March 2021.

This is my question:
I read that applying to an OWP without currently having a status (can't re-instate my status because it's not possible for a Working Holiday Visa) means it will take until almost the end of the full application process to get it. Instead of receiving it after AOR. Does anyone have some experience/knowledge about this? I tried contacting IRCC for the last 2 weeks but can't get through.

Thank you very much, I'm really starting to consider moving back home and starting an application from outside Canada, as I have no means of legally making money right now.

 

[Marrei17]

Hi Chris,
sorry to hear about your situation.

Interesting to learn that OWP application cannot be reinstated or will take until the end of the year. Did you learn from this from your lawyer or from IRCC when you called? I am currently going through a similar situation.

In my situation i submitted the common-law PR application in September 2020. In October i applied for the work permit extension. IRCC rejected me in Dec 2020 because i accidentally filled out one of sections incorrectly and so the officer thought i was applying for employer specific permit. I immediately had to stop working in Dec 2020 as they rejection came 2 weeks after my open work permit expiry date.

I submitted a restoration and open work permit application in the first week of January 2021. My PR then got returned for a missing doc and signature in late Jan 2021. I returned the application 3 days later in early Feb. I received a invitation to complete my biometrics in late March which i completed 2 days later. Having spoken to IRCC last week, they told me that they will not start processing my Open work permit until my common law sponsorship application transfers from a temporary application to a permanent number. Reading through some of the threads today, i am not hopeful this will happen anytime soon.

 

[YVR123]

Hi Chris,
sorry to hear about your situation.

Interesting to learn that OWP application cannot be reinstated or will take until the end of the year. Did you learn from this from your lawyer or from IRCC when you called? I am currently going through a similar situation.

In my situation i submitted the common-law PR application in September 2020. In October i applied for the work permit extension. IRCC rejected me in Dec 2020 because i accidentally filled out one of sections incorrectly and so the officer thought i was applying for employer specific permit. I immediately had to stop working in Dec 2020 as they rejection came 2 weeks after my open work permit expiry date.

I submitted a restoration and open work permit application in the first week of January 2021. My PR then got returned for a missing doc and signature in late Jan 2021. I returned the application 3 days later in early Feb. I received a invitation to complete my biometrics in late March which i completed 2 days later. Having spoken to IRCC last week, they told me that they will not start processing my Open work permit until my common law sponsorship application transfers from a temporary application to a permanent number. Reading through some of the threads today, i am not hopeful this will happen anytime soon.

if your restoration was approved before they process your OWP, then you could get the OWP. But if that's not the case, then you will have to wait till AIP.
(btw you are restoring to visitor, so you cannot work)

 

[Bornlucky]

Hello Everyone,

First off some background:
I applied for Inland Spousal Sponsorship including an Open Work Permit in September 2020, before that I was on an IEC Working Holiday Visa. In February my whole application was returned because I forgot to get a validated translation for my birth certificate. I stopped working immediately and contacted an immigration Lawyer. I updated my application and sent it back at the beginning of March 2021.

This is my question:
I read that applying to an OWP without currently having a status (can't re-instate my status because it's not possible for a Working Holiday Visa) means it will take until almost the end of the full application process to get it. Instead of receiving it after AOR. Does anyone have some experience/knowledge about this? I tried contacting IRCC for the last 2 weeks but can't get through.

Thank you very much, I'm really starting to consider moving back home and starting an application from outside Canada, as I have no means of legally making money right now.

Hi, I am no expert on OWPs however your previous status when you had a WP was as a visitor (with authorization to engage in employment). If you had a study permit you'd be a visitor with authorization to study. These authorizations can have terms and conditions applied to them like where you can work or in what fields, but the essence of each temporary residency (the status) is as a visitor.

So, you were a visitor and the status required for the OWP during a sponsorship is valid visitor status. You don't have to return to the terms and conditions you had placed on your earlier document but simply have to have valid status as a visitor.

So, if your spousal application is accepted and you're in status as a visitor then you should be ok.

 

[Marrei17]

if your restoration was approved before they process your OWP, then you could get the OWP. But if that's not the case, then you will have to wait till AIP.
(btw you are restoring to visitor, so you cannot work)

Hi YVR - thanks for your response. That's super helpful to know. Is there a way to know whether my restoration application was approved vs the OWP
I used a representative to submit my restoration application on January 6th. However the representative submitted an application to restore my status as a worker rather than as a visitor. I am from originally from the UK and entered canada on the IEC program.

For my PR application, I received the invitation to provide biometrics approximately 8 weeks after applying in early Feb. On a call IRCC agent said i had passed the criminality check. They mentioned there were 3 more checks to pass. Does this suggest it is moving quickly and am i far away from AIP (assuming all goes smoothly)?