Open Work Permit Withdrawal stuck for months

[CBarr]

Spouse applied for an open work permit late lat year along with the family sponsorship as soon as that was feasible, but fortunately the PR was processed and completed even before the OWP began any processing whatsoever other than updates that are automatically linked to the PR (biometrics, etc.).

A request for it to be withdrawn has been made back in January, and we were informed that a note had been added to the application so when the officer sees it would be aware of the wish to withdraw. This week we asked about it again via webform and they confirmed the note is in the application and repeated the same message thereafter.

Problem is I am almost sure that no officer will ever see that application since the PR has already been completed. My biggest concern is that application is now stuck in this situation: https://www.cicnews.com/2022/12/tens-of-thousands-of-ircc-applications-assigned-to-inactive-immigration-officers-1232220.html

And clearly just sending a withdrawal request and contacting them via web form is doing no progress whatsoever.

Has anyone gone through this? How did it go, what did you have to do and how long did it take?

Is there any other way that I can get this checked faster other than to wait for someone to stumble on the application and finally process the withdrawal?

 

[Ponga]

Spouse applied for an open work permit late lat year along with the family sponsorship as soon as that was feasible, but fortunately the PR was processed and completed even before the OWP began any processing whatsoever other than updates that are automatically linked to the PR (biometrics, etc.).

A request for it to be withdrawn has been made back in January, and we were informed that a note had been added to the application so when the officer sees it would be aware of the wish to withdraw. This week we asked about it again via webform and they confirmed the note is in the application and repeated the same message thereafter.

Problem is I am almost sure that no officer will ever see that application since the PR has already been completed. My biggest concern is that application is now stuck in this situation: https://www.cicnews.com/2022/12/tens-of-thousands-of-ircc-applications-assigned-to-inactive-immigration-officers-1232220.html

And clearly just sending a withdrawal request and contacting them via web form is doing no progress whatsoever.

Has anyone gone through this? How did it go, what did you have to do and how long did it take?

Is there any other way that I can get this checked faster other than to wait for someone to stumble on the application and finally process the withdrawal?

Have you tried calling IRCC?

At the end of the day, aside from the $255 fee, does it really matter? Your spouse doesn't need it, right? Let the OWP application spend eternity bouncing around in an empty dryer, somewhere in a dark room at IRCC. LOL!

 

[CBarr]

At the end of the day, does it even matter? You spouse doesn't need it, right? Let the OWP application spend eternity bouncing around in an empty dryer, somewhere in a dark room at IRCC. LOL!

It matters the money that was paid for the application which is stuck until it is withdrawn ($255 in fees + $84 biometrics), otherwise we wouldn't be worrying about this.

 

[canuck78]

It matters the money that was paid for the application which is stuck until it is withdrawn, otherwise we wouldn't be worrying about this.

Given that it had already gone through significant processing before the withdrawal request was initiated there may not be a refund. You don’t usually get a refund just because the permit hasn’t reached approval. Depends at what stage the refund is requested. How many months between when you applied for OWP and when it was withdrawn?

 

[CBarr]

Given that it had already gone through significant processing before the withdrawal request there may not be a refund.

Except that "significant processing" isn't significant at all, it hasn't even begun to process any of the eligibility requirements, meaning no officer has even picked up that application, it has been only the system with linked information which isn't even complete. Otherwise as soon as anyone in a PR sponsorship applies for an open work permit would be automatically excluded from refunds since the system does this on its own.

On top of that, there is no such requirement preventing the refund of an open work permit application based on "significant processing", let alone "insignificant processing". Worst case scenario the applicant can receive some fees back:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/fees/refunds/when-issued.html


And:

https://www.cic.gc.ca/english/information/fees/refund.asp

 

[Ponga]

It matters the money that was paid for the application which is stuck until it is withdrawn ($255 in fees + $84 biometrics), otherwise we wouldn't be worrying about this.

Call IRCC.

Speculating as to when, if at all, the withdrawal request was acknolwledged by IRCC ...or, worse still, trying to determine what is happening at their end, is madness. Talk to a human and hope that said human knows how to resolve this for you.

 

[Ponga]

Except that "significant processing" isn't significant at all, it hasn't even begun to process any of the eligibility requirements, meaning no officer has even picked up that application, it has been only the system with linked information which isn't even complete. Otherwise as soon as anyone in a PR sponsorship applies for an open work permit would be automatically excluded from refunds since the system does this on its own.

On top of that, there is no such requirement preventing the refund of an open work permit application based on "significant processing", let alone "insignificant processing". Worst case scenario the applicant can receive some fees back:

Yes, there is this:
If you withdraw before we start processing your application, you'll get a refund.

Start, being the key word, IMHO. You really have no idea what constitutes the `start' of the processing sequence. Relying on whatever cryptic updates you find, may not reflect the actuality of what is really happening, or has already happened behind the green curtain.

Again...Call IRCC!

 

[CBarr]

Yes, there is this:
If you withdraw before we start processing your application, you'll get a refund.

Start, being the key word, IMHO. You really have no idea what constitutes the `start' of the processing sequence. Relying on whatever cryptic updates you find, may not reflect the actuality of what is really happening, or has already happened behind the green curtain.

Again...Call IRCC!

Can't really tell what is the relevance of quoting just that single line when there is this one literally right after it:

We'll only refund some fees if
You withdraw after we start processing your application

I might not have any idea of what constitutes the "start" of the processing sequence, but I am pretty sure I know what "after" means.


And I have been calling since February and we never get through to a person, it always hangs up after we get to the option to speak with someone because there is no one available, regardless of the hour we call.

EDIT: I am sorry, I do not know how I missed your first reply asking if I already tried calling, even the quote does not have that part of your message, but yes, we already tried calling multiple times.

 

[Ponga]

Can't really tell what is the relevance of quoting just that single line when there is this one literally right after it:


I might not have any idea of what constitutes the "start" of the processing sequence, but I am pretty sure I know what "after" means.


And I have been calling since February and we never get through to a person, it always hangs up after we get to the option to speak with someone because there is no one available, regardless of the hour we call.

EDIT: I am sorry, I do not know how I missed your first reply asking if I already tried calling, even the quote does not have that part of your message, but yes, we already tried calling multiple times.

So, you applied for the OWP on 18 Nov, 2022 then submitted the withdrawal request on 16 Jan, 2023 and then received the PR Portal invitation one week later on 23 Jan, 2023...which would seem to imply that the OWP could very easily have began (and perhaps nearly completed) processing as of 16 Jan, 2023.

Good luck!

 

[CBarr]

So, you submitted the withdrawal request on 16 Jan, 2023 and then received the PR Portal invitation one week later on 23 Jan, 2023...which would seem to imply that the OWP could very easily have began (and perhaps nearly completed) processing as of 16 Jan, 2023.

Good luck!

Except that you're still mixing automatic updates synced across active applications (biometrics for example) with actual processing of a specific application. The fact that there are steps shared/common between PR and OWP applications synced with each other does not mean that both applications are ongoing, or that both of them have begun processing, it wouldn't even make sense to begin with.

Returning to real world examples, anyone that already had their biometrics taken in the past and are still valid at the time of an application that requires biometrics would otherwise automatically have their application considered to have "started processing" just because their biometrics is already in file, same for medical exams, so all of those hundreds of thousands of applicants that face that scenario would never be elligible for a refund if they requested their application to be withdrawn.

If that were the case then any PR application, which supersedes an Open Work Permit, would have automatically gotten the OWP application approved without a single officer taking a look at it, or any other applications that PRs supersede. And at the very least I can say that did not happen, nor have I ever heard of it happening to anyone else.

I opened this thread looking for anyone that had any useful information for the case I described, I am hoping the discussion can return to that initial topic now that this other topic has been thoroughly explored.

And thanks! I have a feeling we're going to need all the luck to get this resolved asap...

 

[Ponga]

I opened this thread looking for anyone that had any useful information for the case I described, I am hoping the discussion can return to that initial topic now that this other topic has been thoroughly explored.

And thanks! I have a feeling we're going to need all the luck to get this resolved asap...

Ouch! Perhaps you should confer with a legal expert and not expect too much from a public forum, where people are trying to offer free help, even if it's interpreted as the polar opposite.

 

[CBarr]

Ouch! Perhaps you should confer with a legal expert and not expect too much from a public forum, where people are trying to offer free help, even if it's interpreted as the polar opposite.

You consider this free "help"?

Have you tried calling IRCC?

At the end of the day, aside from the $255 fee, does it really matter? Your spouse doesn't need it, right? Let the OWP application spend eternity bouncing around in an empty dryer, somewhere in a dark room at IRCC. LOL!

Then I apologize because I could not see how that was suppose to help with my questions, all I could take from that was the opposite of help.

Additionally, I was not aware that I could not look for help in this forum, nor that you decide who gets to have it, so I would politely ask again for the discussion to return back to the original topic and to not derail this further if possible.

 

[Ponga]

Then I apologize because I could not see how that was suppose to help with my questions, all I could take from that was the opposite of help.

Additionally, I was not aware that I could not look for help in this forum, nor that you decide who gets to have it, so I would politely ask again for the discussion to return back to the original topic and to not derail this further if possible.

Nice of you to quote my first (of many posts, trying to do a deep dive into your situation), where I acknowledge the monetary issue, but will now gladly refrain from further posts. Maybe you could just expect that your fee(s) will not be refunded and then celebrate if they are. Seems to me it would be better than being stuck in the vortex that you are in, at least for today.

 

[canuck78]

Except that "significant processing" isn't significant at all, it hasn't even begun to process any of the eligibility requirements, meaning no officer has even picked up that application, it has been only the system with linked information which isn't even complete. Otherwise as soon as anyone in a PR sponsorship applies for an open work permit would be automatically excluded from refunds since the system does this on its own.

On top of that, there is no such requirement preventing the refund of an open work permit application based on "significant processing", let alone "insignificant processing". Worst case scenario the applicant can receive some fees back:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/fees/refunds/when-issued.html


And:

https://www.cic.gc.ca/english/information/fees/refund.asp

Not all OWP fees are refunded.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=612&top=4

 

[CBarr]

Not all OWP fees are refunded.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=612&top=4

I never asked if it was refundable, nor ever claimed that all fees were refundable, in fact I commented only in the context of a OWP, and it clearly says in the page you linked the following:

My application was refused. Can I get a refund?

In most cases, no. Your application fees can’t be refunded once we start processing it. There are some exceptions. When an application is refused or withdrawn, we will refund:
(...)
the open work permit fee (for Labor Market Impact Assessment (LMIA) exempt workers only)

Which I also noted that in my previous replies and a PR OWP applicant is LMIA exempt, so I will reiterate:

Based on the official Immigration info available, a OWP applicant can get a full refund if the application hasn't begun being processed:
as per the link I posted before https://www.cic.gc.ca/english/information/fees/refund.asp

Submission of an application does not mean it has instantly begun being processed, otherwise they would never issue full refunds which would render their own official information useless.

If the OWP application has begun processing and the applicant withdraws at that point, or it gets refused, the applicant can be refunded part of the fees:
as per the link I posted before https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/fees/refunds/when-issued.html
and your own link as well https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=612&top=4

I believe I made it very clear that I am informed that a OWP refund for this case is more than possible, and I've proved multiple times based on the official documentation.

I would appreciate if you could stop trying to prove the opposite since I wasn't even asking if the OWP could be refunded to begin with, but at the very least it gave an opportunity to provide fully detailed information that should be easier for others to access in case someone else in the future tries to claim the opposite again.