Open work permit for Outland Spousal Sponsorship Applicants

[canuck_in_uk]

I can assure you we applied outland.
As if IRCC messed up I don't think so since they took a week to process the online OWP application eligibility. And for less than that they had refused an online study permit application for my spouse on the ground it should be sent to LA VO...
For the Post Owner, I'd suggest the following :
1- If you only wish to extend your stay in Canada and keep a legal status, rather apply for visitor visa extension.
2- If you're in need of a job and you already made it far in your sponsorship process, you can try applying for an OWP online (though apply for a visitor visa extension to stay legal if this OWP application got refused)

IRCC definitely messed up in giving your spouse an OWP. It has happened before. As someone else said above, go buy a lottery ticket.

 

[scylla]

I can assure you we applied outland.
As if IRCC messed up I don't think so since they took a week to process the online OWP application eligibility. And for less than that they had refused an online study permit application for my spouse on the ground it should be sent to LA VO...
For the Post Owner, I'd suggest the following :
1- If you only wish to extend your stay in Canada and keep a legal status, rather apply for visitor visa extension.
2- If you're in need of a job and you already made it far in your sponsorship process, you can try applying for an OWP online (though apply for a visitor visa extension to stay legal if this OWP application got refused)

IRCC messed up.

You're giving bad advice by telling others this is a legitimate way to qualify for an OWP.

 

[elomam]

IRCC messed up.

You're giving bad advice by telling others this is a legitimate way to qualify for an OWP.

I'm only giving advice based on my own experience and again not meaning to mislead anyone.

 

[Vivian-inland]

We are not wrong. OWPs are only granted with inland sponsorship applications. This is a black and white rule and very clear in the language above. Either your application is being processed as an inland application and you haven't realized that - or CIC massively messed up (in your favour) and issued an OWP for an outland application.

I agreed with you. If outland can apply OWP, then having a quicker time to get the PR, it's not fair.
So CIC may made mistake.

But I don't know how that person handle this situation, because certainly his wife isn't qualified, and because she is out-land, she needs to out of country in order to getting her PR paper, from there the customs could see she has the OWP, and in here all about credit, I don't know how CIC look at this eventually when they found it out.

 

[canuck_in_uk]

I agreed with you. If outland can apply OWP, then having a quicker time to get the PR, it's not fair.
So CIC may made mistake.

But I don't know how that person handle this situation, because certainly his wife isn't qualified, and because she is out-land, she needs to out of country in order to getting her PR paper, from there the customs could see she has the OWP, and in here all about credit, I don't know how CIC look at this eventually when they found it out.

CBSA won't care when she lands and IRCC won't care because it is their mistake.

 

[elomam]

I agreed with you. If outland can apply OWP, then having a quicker time to get the PR, it's not fair.
So CIC may made mistake.

But I don't know how that person handle this situation, because certainly his wife isn't qualified, and because she is out-land, she needs to out of country in order to getting her PR paper, from there the customs could see she has the OWP, and in here all about credit, I don't know how CIC look at this eventually when they found it out.

We applied Outland but inside of Canada : third choice in the checklist (we chose that over inland because at first the plan was that she wanted to pursue studies so we were to send a study permit and we didn't need to pay for a work permit + keeping the ability to travel in and out mainly for our honeymoon, etc.)
The OWP application were sent a part from the sponsorship package and was submitted online because till now the study permit application is still in process and to keep her in status cuz she's her on visitor visa.
So why should my wife be out of country to get her PR ? As outland inside of Canada, CPC-Missisuga is handling her file
You're maybe mistaking our case with outland outside of Canada cases

 

[elomam]

And btw Outland inside of canada seems not to be faster than inland, matter of fact they follow the same stream

 

[mrs_december]

And btw Outland inside of canada seems not to be faster than inland, matter of fact they follow the same stream

Nope, they most certainly don't. Outland applications are handled exactly the same way, whether or not they are inside or outside Canada (the primary difference being that those inside Canada understand that they must return to their country of origin if an interview is required on their case). They are handled totally separately from inland applications, which is the entire point. Outland applications get speedier processing at the expense of no work permit. Inland applications get to work, so they take longer.

 

[elomam]

Nope, they most certainly don't. Outland applications are handled exactly the same way, whether or not they are inside or outside Canada (the primary difference being that those inside Canada understand that they must return to their country of origin if an interview is required on their case). They are handled totally separately from inland applications, which is the entire point. Outland applications get speedier processing at the expense of no work permit. Inland applications get to work, so they take longer.

So take a look at my signature and you would understand what I'm talking about.
For our application they started BGC before SA and before Medicals. And as a Feb applicant I expect Meds in this coming two weeks as for Feb inland applicants (I'll keep you posted).
Another thing worth mentioning we didn't apply for OWP with sponsorship but under general category :
https://www.canada.ca/en/immigratio...work-canada/permit/temporary/eligibility.html
Find out if you’re eligible to work in Canada
....................................................
General eligibility requirements
................................................................
Eligibility requirements if you apply from outside Canada
..............................................................
Eligibility requirements if you apply from inside Canada
You can only apply for a work permit from inside Canada if you:

• are currently in Canada and have a valid study or work permit, or your spouse or parents have a study or work permit,
• have graduated from a program at a
  • Canadian university,
  • community college,
  • CÉGEP,
  • publicly funded trade/technical school, or
  • other eligible school.
• have a temporary resident permit that is valid for six months or more,
• have applied or been included in an application for permanent residence from inside Canada (you will have to pass certain stages in the main application process to be eligible for a work permit),
• have asked for refugee status in Canada and are waiting for a decision from the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada,
• have been recognized by the RPD as a convention refugee or protected person,
• have had your refugee claim turned down by the RPD but you cannot be removed from Canada for reasons beyond your control, or
• are allowed to work in Canada without a work permit but you need a work permit to work in a different job.

I'm still not convinced with what you're stating that outland inside of Canada is not eligible for OWP. No where it is stated in the cic site it isn't. I have shown you in the previous link which what IRCC made accessible for the public, unless you guys have access to material that denies it, that if under any PR category from inside canada if you passed certain stages in your application you might be eligible.
Nobody showed any evidence of their claims (I mean clearly a clause denying OWP eligibility for Outland inside of Canada) as the clause I showed in the link for the general eligibilty for OWP shows the opposite + an IRCC agent evaluted my wife's eligibility and decided to grant her OWP.
I will close my comments on this whole OWP thing.

 

[KBH]

So take a look at my signature and you would understand what I'm talking about.
For our application they started BGC before SA and before Medicals. And as a Feb applicant I expect Meds in this coming two weeks as for Feb inland applicants (I'll keep you posted).
Another thing worth mentioning we didn't apply for OWP with sponsorship but under general category :
https://www.canada.ca/en/immigratio...work-canada/permit/temporary/eligibility.html
Find out if you’re eligible to work in Canada
....................................................
General eligibility requirements
................................................................
Eligibility requirements if you apply from outside Canada
..............................................................
Eligibility requirements if you apply from inside Canada
You can only apply for a work permit from inside Canada if you:

• 
  
  
  • are currently in Canada and have a valid study or work permit, or your spouse or parents have a study or work permit,
  • have graduated from a program at a
    • Canadian university,
    • community college,
    • CÉGEP,
    • publicly funded trade/technical school, or
    • other eligible school.
  • have a temporary resident permit that is valid for six months or more,
  • have applied or been included in an application for permanent residence from inside Canada (you will have to pass certain stages in the main application process to be eligible for a work permit),
  • have asked for refugee status in Canada and are waiting for a decision from the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada,
  • have been recognized by the RPD as a convention refugee or protected person,
  • have had your refugee claim turned down by the RPD but you cannot be removed from Canada for reasons beyond your control, or
  • are allowed to work in Canada without a work permit but you need a work permit to work in a different job.

I'm still not convinced with what you're stating that outland inside of Canada is not eligible for OWP. No where it is stated in the cic site it isn't. I have shown you in the previous link which what IRCC made accessible for the public, unless you guys have access to material that denies it, that if under any PR category from inside canada if you passed certain stages in your application you might be eligible.
Nobody showed any evidence of their claims (I mean clearly a clause denying OWP eligibility for Outland inside of Canada) as the clause I showed in the link for the general eligibilty for OWP shows the opposite + an IRCC agent evaluted my wife's eligibility and decided to grant her OWP.
I will close my comments on this whole OWP thing.

Based on what you just stated, I am 99% sure that either a) You actually checked inland on your application checklist, or b) IRCC is mistakenly processing your application as inland instead of outland (if you did indeed check outland). Outland applications within Canada are processed the exact same way as outland applications outside of Canada. Your timeline is consistent with an inland applicant. This would completely explain the fluke of your wife being issued the OWP.

Please keep in mind moving forward, your application is likely an inland application either due to oversight on the checklist or IRCC mistake. I would recommend calling IRCC and seeing if they will confirm with you whether your application is inland or outland.

 

[scylla]

Based on what you just stated, I am 99% sure that either a) You actually checked inland on your application checklist, or b) IRCC is mistakenly processing your application as inland instead of outland (if you did indeed check outland). Outland applications within Canada are processed the exact same way as outland applications outside of Canada. Your timeline is consistent with an inland applicant. This would completely explain the fluke of your wife being issued the OWP.

I completely agree and suggested the same earlier. This application is being processed as inland based on the processing times/stages and the fact the OWP was issued.

 

[mrs_december]

So take a look at my signature and you would understand what I'm talking about.
For our application they started BGC before SA and before Medicals. And as a Feb applicant I expect Meds in this coming two weeks as for Feb inland applicants (I'll keep you posted).

As an outland inside Canada applicant myself, my app was received in May. I've already had AOR1, AOR2, SA, BCG started, already had meds requested and completed/submitted, all in June. So, my application is moving vastly faster than yours.

Editing to add: It clearly states on the CIC website that "If your spouse applied, or wants to apply, under the Spouse or Common-Law Partner in-Canada class, he or she can apply for an open work permit." That is an inland application. It does not allow for an OWP for an outland application.

 

[Vivian-inland]

As an outland inside Canada applicant myself, my app was received in May. I've already had AOR1, AOR2, SA, BCG started, already had meds requested and completed/submitted, all in June. So, my application is moving vastly faster than yours.

Editing to add: It clearly states on the CIC website that "If your spouse applied, or wants to apply, under the Spouse or Common-Law Partner in-Canada class, he or she can apply for an open work permit." That is an inland application. It does not allow for an OWP for an outland application.

For all of people I know from out-land, some people can get their PR in 6 months, and in-land would take at least 12 month. So that's the big different.

 

[elomam]

Based on what you just stated, I am 99% sure that either a) You actually checked inland on your application checklist, or b) IRCC is mistakenly processing your application as inland instead of outland (if you did indeed check outland). Outland applications within Canada are processed the exact same way as outland applications outside of Canada. Your timeline is consistent with an inland applicant. This would completely explain the fluke of your wife being issued the OWP.

Please keep in mind moving forward, your application is likely an inland application either due to oversight on the checklist or IRCC mistake. I would recommend calling IRCC and seeing if they will confirm with you whether your application is inland or outland.

I'm 100% sure I checked outland (I have a copy of sponsorship application we've sent and I double checked it a couple of times). So maybe you're right about the second option. I will definitely contact IRCC to check that.
Thanks !

 

[elomam]

As an outland inside Canada applicant myself, my app was received in May. I've already had AOR1, AOR2, SA, BCG started, already had meds requested and completed/submitted, all in June. So, my application is moving vastly faster than yours.

Editing to add: It clearly states on the CIC website that "If your spouse applied, or wants to apply, under the Spouse or Common-Law Partner in-Canada class, he or she can apply for an open work permit." That is an inland application. It does not allow for an OWP for an outland application.

I would definitely check with IRCC if they mistakenly processing our application as inland. but I'm still confused as we had a refusal for online study permit application on the ground of non eligibility (eligibility of that type of application from within Canada is only guaranteed for inland applications !) and suggesting us to presented it to LA VO.
https://www.canada.ca/en/immigratio...nditions-extend-your-stay-canada-student.html
Who may apply for a study permit from within Canada?
.........................................................

• In-Canada permanent resident applicants and their family members who are determined eligible for permanent residents (PR) status in one of the following classes:
  live-in caregiver, spouse or common-law partner, protected persons, and humanitarian and compassionate considerations (H&C);

I definitely once and for all need to shed light on the situation of our sponsorship.

As for the clause you pasted it's only indicating that for inland applications you have the right and can apply for OWP, but nowhere it denies the right to do so as well for any other type of PR application presented inside Canada if that application satisfies the clause of eligibility I pasted above in a previous post. Again relaying on the public information from cic site. Compare again study permit from within Canada conditions where they are pretty restrictive in terms of categories vs OWP where they leave it pretty open.