Open Work Permits not being approved even when meeting eligibility criteria

[Vendi]

When we phoned IRCC they told us NOT to apply for the extension it would not be approved because he has an OWP application in which already is an application to remain in Canada. I have since found out that the IRCC call centre agents do not always give out accurate advice and in hindsight they were wrong and we should have applied for the extension. Makes me so angry as I trusted that when you ring the IRCC that they give out accurate information but this is not the case so beware. You get much more accurate advice on this forum from the experienced forum members.

We paid $255 total. It's broken down into 2 different payments one for $100 (open work permit holder fee) and the other for $155 (work permit fee). You need to pay for both and include the receipt.

The documents we submitted with the OWP section were the required payment receipt, marriage certificate, and passport scans, but we also included an additional information sheet where we explained his visitors status, scans of boarding passes showing latest entry into Canada (to prove visitors status as UK citizens don't need an actual visa to enter), bank statement showing joint account with both names/same address. We included these other documents, which aren't necessary, because the illegibility requirements for the OWP are: that you are residing in Canada with your spouse (so the bank statement proves that), that you have valid status (the boarding passes support the fact that he entered Canada as a visitor although not official proof of status so we included an additional info sheet), and that you have an ongoing PR application in. Because of our country requirements we did not have to do medical or anything else. Oh and we also included the checklist which I don't think you have to.

The most important thing to remember when you send your PR and OWP application in is that even though you send off both in the same package, once it gets there an officer separates the two applications and the OWP forms & documents are sent to another office to be processed. They almost become two separate independent applications. This is a very important fact to be aware of so make sure that you have all of the forms, receipt, supporting documents all together in an easy to see section so they know what documents are part of the OWP. I have read on here many people make the mistake of not including the passport scans or marriage certificate, etc. with the OWP section because they think it's in the PR section anyway. This is wrong. They are two separate applications. You need to include the same copies with the OWP as well. The other most common mistake that is made is that people do not hand sign the form at the end. You must hand sign the bottom.

There are other threads on this forum that are dedicated to the application process or the OWP applications, so you are better suited to research those if you have any other questions.

Thanks so much

 

[CanUK333]

Have a small but hopefully positive update:

May 22: MP's office emails me, unsolicited, saying:

Due to the pandemic all IRCC offices have been dealing with urgent cases first.

I inquired on your case today.

They confirmed that your application was received October 30, 2019.

The IMM5710 form's information is in its second review at the Mississauga office.

Once a decision has been made you will be informed.

So what happened this past week, my friends? It seems like someone put a fire under someone else and we're getting approvals and answers?!?

This is really promising news for you! It seems pretty clear to me that they are indeed re-reviewing your application!

I wonder if you'll have the same time frame that they eluded to in my communications (OWP approval within three weeks)?

Yes, I wonder if, because the minister's office was involved looking into my case, that it put the whole office under scrutiny. It makes sense, imagine being the department and within the same short amount of time you got all of these MP inquiries about delayed OWPs and then the minister of immigration's office starts getting involved...of course you'd start looking into what's going and try to sort it out! So yay for us!

 

[Copingwithlife]

This is really promising news for you! It seems pretty clear to me that they are indeed re-reviewing your application!

I wonder if you'll have the same time frame that they eluded to in my communications (OWP approval within three weeks)?

Yes, I wonder if, because the minister's office was involved looking into my case, that it put the whole office under scrutiny. It makes sense, imagine being the department and within the same short amount of time you got all of these MP inquiries about delayed OWPs and then the minister of immigration's office starts getting involved...of course you'd start looking into what's going and try to sort it out! So yay for us!

They aren’t going to put a whole office under scrutiny because MP’s get involved . It’s a pilot project anyway ,has an expiry date , unlike other programs, might get extended or might just get the axe in July

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/partner.html

 

[CanUK333]

They aren’t going to put a whole office under scrutiny because MP’s get involved . It’s a pilot project anyway ,has an expiry date , unlike other programs, might get extended or might just get the axe in July

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/partner.html

Well regardless it appears that all of us contacting our MPs and getting the Minister of Immigration‘s office involved has given us answers this past week and I don’t think that’s a coincidence.

 

[abeagomez]

@CanUK333 and @PrincessButtercup, the delay of my application was due to covid 2019. I received my response at the same time that every other applicant from the same dates in Dec. I was suppouse to get my OWP on April, I submitted a web form asking about the processing of my OWP and I was expecting a response like "We are experiencing delays due to covid 2019" but instead I got the "you didn't meet the criteria" response. After a month of completing web forms and sending additional information I got an email from IRCC saying that the "you didn't meet the criteria" email was a mistake, 2 weeks after, I received my OWP. There wasn't anything weird in my GCMS notes, actually, there wasn't any note in there that wasn't the standard auto generated thing "she paid for this, she is from there, she is applying for PR under Canada Class Sponsorship".... there wasn't any special note in there because the "you didn't meet the criteria" thing was never true. And from what I have seen in this channel, that seems to be the case for all of you... every time someone digs a bit, it turns out that "not meeting the criteria" wasn't the real problem...

 

[PrincessButtercup]

@CanUK333 and @PrincessButtercup, the delay of my application was due to covid 2019. I received my response at the same time that every other applicant from the same dates in Dec. I was suppouse to get my OWP on April, I submitted a web form asking about the processing of my OWP and I was expecting a response like "We are experiencing delays due to covid 2019" but instead I got the "you didn't meet the criteria" response. After a month of completing web forms and sending additional information I got an email from IRCC saying that the "you didn't meet the criteria" email was a mistake, 2 weeks after, I received my OWP. There wasn't anything weird in my GCMS notes, actually, there wasn't any note in there that wasn't the standard auto generated thing "she paid for this, she is from there, she is applying for PR under Canada Class Sponsorship".... there wasn't any special note in there because the "you didn't meet the criteria" thing was never true. And from what I have seen in this channel, that seems to be the case for all of you... every time someone digs a bit, it turns out that "not meeting the criteria" wasn't the real problem...

Thanks, yes, I am still hoping that the "you didn't meet the eligibility criteria" response I received was just a mistake, and not the actual decision. I'm sure all delays in OWPs and PR applications are due to COVID. It is just frustrating that they are giving out incorrect information rather than saying "We are experiencing lengthy delays..." which is frustrating in it's own right, but certainly understandable.

 

[CanUK333]

Any updates guys? It's been 1 week already and still no word on the expedited processing of my husband's OWP. I still can't link it online which must mean they haven't even started processing it yet. Let's see what happens this week.

 

[CanUK333]

UPDATE: As of today, we can now link my husband's OWP to his account....meaning it is now officially in the system and a file is open for it. This is the first "real" piece of progress we've seen since January!

 

[PrincessButtercup]

HEY!!! Thats great. I really hope you get a good result from this. We are both in such similar situations (Newborn, neither of us working etc..) So if yours goes through then its good news for the rest of us. We are still waiting on news from our MP in Winnipeg.

Hey @BB802, just wondering if you had heard from your MP yet?

I know that since this thread was started, a few of us have received our OWPs, and a few are still waiting even after multiple communications with IRCC and/or MPs.

 

[PrincessButtercup]

UPDATE: As of today, we can now link my husband's OWP to his account....meaning it is now officially in the system and a file is open for it. This is the first "real" piece of progress we've seen since January!

FINALLY! Hopefully an OWP is shortly forthcoming!

 

[CanUK333]

UPDATE: Got an email notification saying that my husband's OWP has been approved and it's being mailed out. Took them 1 day to process it! Just goes to show you just how much time literally goes into reviewing an application compared to what actually happens.

This is so exciting for us and we are soooooooo relieved!!!!!

Anyone still waiting for answers please hound your MP and get the MP to escalate to the minister's office. I believe the minister's office are the only ones who could request an application be expedited.

 

[BB802]

Hey @BB802, just wondering if you had heard from your MP yet?

I know that since this thread was started, a few of us have received our OWPs, and a few are still waiting even after multiple communications with IRCC and/or MPs.

Yes, they said they hadnt heard anything and thats as far as they will take it. So just have to wait...

 

[BB802]

UPDATE: Got an email notification saying that my husband's OWP has been approved and it's being mailed out. Took them 1 day to process it! Just goes to show you just how much time literally goes into reviewing an application compared to what actually happens.

This is so exciting for us and we are soooooooo relieved!!!!!

Anyone still waiting for answers please hound your MP and get the MP to escalate to the minister's office. I believe the minister's office are the only ones who could request an application be expedited.

Congrats

 

[PrincessButtercup]

Hi gang! Just wanted to let you know that I still haven't received my OWP. While my PR and Visitor's Extension applications have been moving along this past month, the OWP status in GC Key has never changed. I know that IRCC is prioritizing the most urgent applications, but at the same time, I see people on the January 2020 Inland thread posting that they've received their OWPs. At the rate IRCC is working, I *may* have PR in October (12 months from applying ... I'll call that a big win considering there's a pandemic going on).

I wonder if I receive my PR before my OWP, can I cancel the OWP application and get a full partial refund?

 

[abhijeets13]

Hi Guys, So we submitted a web-form a month-and-half back for the update on OWP and this is the response we got. The Application was submitted on Jan 27 2020 and AOR is March 19 2020. My Spouse 6 months got done on June 10 2020 and we already have applied her extension on May 10 2020.

Good day XXXXXXXXXXX,

Thank you for contacting Immigration, Refugees and Citizenship Canada (IRCC).
Since we know that sponsoring or being sponsored by your spouse or common-law partner is an important event in your life, we want to ensure that you have all the information and tools at your disposal to make this process as easy and enjoyable as possible.
As of December 22, 2014, open work permits may be issued to eligible applicants under the spouse or common-law partner in Canada class at an earlier stage in processing if they meet certain criteria. We verified the information on file. However, it has been determined that you do not meet the eligibility criteria. we do meet the criteria!

Your application for the open work permit remains valid and will be processed once your sponsorship application is approved in principle.

The processing times indicated on our website are approximate, and can vary with each individual case.
Rest assured that we are aware of how important this next stage in your life is and that we are committed to processing your application as quickly as we can.
For more information on what to expect after a sponsorship application was submitted, please consult our website.
We hope the information provided is helpful in assisting you with your enquiry.
We would also like to suggest the following online services that might be helpful to you with any immigration, refugee and/or citizenship future requests:

• Download application forms and guides
• Change of address
• Check your application status
• Help Centre - To find answers, you may consult the different sections or type keywords related to your question.

Sincerely,
Tharcisse, agent 9999
Immigration, Refugees and Citizenship Canada
https://www.canada.ca/en/services/immigration-citizenship.html

The posts in forum suggested the implied status is considered acceptable for processing OWP but the mail suggests otherwise - the IRCC Contact Centre agent said implied status is good as well.. We also called IRCC Contact Center 3-4 times in-between, after this mail, but the agent every time says they do not see any notes on the file and just confirm the case is yet to be processed. We are a bit concerned as we see February 2020 applicants have started to get their OWP approved (almost half of them) and we being Jan 2020 applicants has not got our OWP approved.

We know the purpose of OWP is already killed as it is already 8 months and we are hoping in next 3-4 months we will get PR done as IRCC is already processing November 2019 applicants and December 2019 applicants have started receiving medical requests. But, even if it is 3-4 months we would like that time. According to you guys, what are the options we have here?