Open Work Permits not being approved even when meeting eligibility criteria

[PrincessButtercup]

On a semi-related note, I electronically applied to extend my stay as a visitor in Canada (IMM 5708e), since I will be out of status very soon, with no approved OWP. That was another $100. I know we have implied status with our OWP & PR apps pending, but I wasn't willing to take the risk of being out of status in case they are returned to me.

If I receive my OWP anytime soon, I will withdraw the IMM 5708e (and hopefully get a refund).

Anyone else close to being out of status with no approved OWP? Are you applying to extend your stay, or going with implied status?

 

[CanUK333]

On a semi-related note, I electronically applied to extend my stay as a visitor in Canada (IMM 5708e), since I will be out of status very soon, with no approved OWP. That was another $100. I know we have implied status with our OWP & PR apps pending, but I wasn't willing to take the risk of being out of status in case they are returned to me.

If I receive my OWP anytime soon, I will withdraw the IMM 5708e (and hopefully get a refund).

Anyone else close to being out of status with no approved OWP? Are you applying to extend your stay, or going with implied status?

My husband's visitors status has expired and we did not extend it because the IRCC call centre agent said not to because OWP application gives implied status, they said it may even be rejected because we have an ongoing OWP. However, now knowing that the call centre people don't always give accurate advice I'm regretting not having my husband extend it! Now I'm thinking he should apply to have it restored for the same reason you mentioned. If we get all the way to the AIP stage and it's rejected then he'd immediately have to leave the country! I think we're going to apply to restore status just in case. Anyone know how to restore the status?

 

[CanUK333]

I was about to ask the same thing! I sent a form to CIC asking about my status and the responded something super confused and now I'm not even sure if the OWP application gives you implied status anymore. I want to apply for restoration of status be I can't find the guide.

NOTE: My problem with the OWP is still the same, I was in valid visitor status at the moment I applied, my visitor status actually expired a few days ago...

I found this link and on the application form we tick off "Restore status as a visitor" but it looks like an extensive application where we have to state all residence/employment history and all that again ugh
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5551-applying-change-conditions-extend-your-stay-canada.html

Not sure in question 7. what to put in terms of current status and the dates of current status????

 

[BB802]

Well... Final update... I just logged on to my boyfriend's IRCC account, and...



His OWP had changed to approved! On the same date I e-mailed my MP. I don't know if it's a coincidence or not, but we're both incredibly relieved and grateful!

good for you

Can you remind us of your timeline again?

 

[PrincessButtercup]

I found this link and on the application form we tick off "Restore status as a visitor" but it looks like an extensive application where we have to state all residence/employment history and all that again ugh
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5551-applying-change-conditions-extend-your-stay-canada.html

Not sure in question 7. what to put in terms of current status and the dates of current status????

I'm sorry I can't help you with an answer to your question 7, but yes, IMM 5708e is an extensive form. Most, if not all, of the information you've probably provided in either your OWP or PR applications. I just made sure my answers and dates matched up with what I put on those.

Per my online checklist, I was also required to fill out IMM 5257b, Schedule 1, Application for Temporary Residence. This form asks you for any associations with any groups, criminal record (all stuff we've seen before), and your travel history in the past 5 years or since you were 18 to anywhere but your country of residence or country of citizenship. I just cross referenced the stamps in my passport for those, plus 2 trips that I took where my passport was NOT stamped.

Hope this helps!

 

[canuck_in_uk]

For anyone who knows that they qualified for the OWP but has been told that they don't, contact your MP and ask them to urgently look into it. If you have a decent MP, they will.

As for Restoration, if you applied for the OWP while in status and have not received the OWP app back or a refusal letter, you do still technically have Implied Status and therefore don't qualify for Restoration. Your best option is to push back on the OWP.

 

[CanUK333]

For anyone who knows that they qualified for the OWP but has been told that they don't, contact your MP and ask them to urgently look into it. If you have a decent MP, they will.

As for Restoration, if you applied for the OWP while in status and have not received the OWP app back or a refusal letter, you do still technically have Implied Status and therefore don't qualify for Restoration. Your best option is to push back on the OWP.

Thanks, email sent to MP today and I'll hold off on restoration until I hear back from MP on what they found out.

 

[Miss bee]

For anyone who knows that they qualified for the OWP but has been told that they don't, contact your MP and ask them to urgently look into it. If you have a decent MP, they will.

As for Restoration, if you applied for the OWP while in status and have not received the OWP app back or a refusal letter, you do still technically have Implied Status and therefore don't qualify for Restoration. Your best option is to push back on the OWP.

What about if you are currently on open work permit and applied spousal application and haven’t applied work permit for extension? What to do any idea ?

 

[DirtyMelodies]

good for you

Can you remind us of your timeline again?

I know I replied to you privately, but I'll repost the timeline here, in case it helps any other members!

July 31, 2019: We send out our Spousal PR application (inland) and OWP application, in the same packet, to Mississauga CPC.

August 2, 2019: IRCC receives our applications

September 6, 2019: AOR

October 1, 2019: My boyfriend's visa expires, he falls on implied status.

October 7, 2019: We get back the OWP application in the mail, due to a missing signature. The letter says to complete it and send it onwards to Edmonton CPC. However, this causes for my boyfriend to lose his implied status. We now have a grace period of 90 days to apply for a restoration of status.

October 11, 2019: After calling immigration lawyers and double-checking everywhere that he absolutely has to stop working, my boyfriend quits his brand new job, and we mail the OWP application AND restoration of status application.

December 8, 2019: We get the medicals request

December 18, 2019: Medicals appointment

January 3, 2020: Our physician finally submits our medical results through eMedical, after getting back of her holiday vacation

January 20, 2020: We get an e-mail from IRCC, saying they cannot deliver an OWP since he doesn't have a status. (Which makes no sense, because we also enclosed and paid for a restoration of status app)

April 17, 2020: We reach out to Minister Catherine McKenna, our Liberal MP (Ottawa Centretown), and explain the situation. She replies 2.5 hours later and says she'll look into it and see what she can do.

April 19, 2020: I log onto my boyfriend's IRCC's account at work, and see they have approved his OWP on April 17. The letter says it's been mailed, and it will be delivered to us shortly.

 

[DirtyMelodies]

Congratulations! This gives the rest of us hope that the OWP rejection decision can be turned around!

Absolutely! Reach out to your MPs and have them look into it!

 

[ishyfishy]

Absolutely! Reach out to your MPs and have them look into it!

Stupid question, but MP = Member of Parliament? Would we reach out the our local MP?
Also, when you applied for restoration when your OWP was returned, was it to restore status as a visitor? I'm guessing your partner wasn't able to work after applying for restoration?
Thanks!

 

[DirtyMelodies]

Stupid question, but MP = Member of Parliament? Would we reach out the our local MP?
Also, when you applied for restoration when your OWP was returned, was it to restore status as a visitor? I'm guessing your partner wasn't able to work after applying for restoration?
Thanks!

Correct! The one that represents your district. You can look them up by postal code: https://www.ourcommons.ca/members/en

And yes, the restoration application was to restore his status as a visitor, because his IEC visa had expired 6 days before his OWP got sent back. It did cause him to have to stop working altogether, due to being out of status without a work permit.

 

[abeagomez]

Thanks, email sent to MP today and I'll hold off on restoration until I hear back from MP on what they found out.

Awesome! Please keep us posted. What province are you applying from?

 

[CanUK333]

Awesome! Please keep us posted. What province are you applying from?

Manitoba

 

[BB802]

Manitoba

Im in Manitoba as well.