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Out of status with AIP, but unable to apply for OWP

Processor01

Full Member
Jul 28, 2019
27
20
Hi All,

Please I need some help.

My wife is out of status and based on the Inland PR application we submitted, she just received AIP. However, my concern is that I don't know how to go about applying for an Open Work Permit for her because I can't seem to be able to go past the eligibility quiz.

When I get to the page where it asks when her status in Canada expired and I provide the details, it says I'm ineligible, so I'm unable to progress any further. However, per the link below, she should be eligible for OWP when she receives AIP. PLEASE, can anyone guide me to a step-by-step process on how to apply for OWP for an out of status applicant.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/spouse-common-law-partner-canada-open-work-permit.html
 

YVR123

VIP Member
Jul 27, 2017
8,075
3,243
Hi All,

Please I need some help.

My wife is out of status and based on the Inland PR application we submitted, she just received AIP. However, my concern is that I don't know how to go about applying for an Open Work Permit for her because I can't seem to be able to go past the eligibility quiz.

When I get to the page where it asks when her status in Canada expired and I provide the details, it says I'm ineligible, so I'm unable to progress any further. However, per the link below, she should be eligible for OWP when she receives AIP. PLEASE, can anyone guide me to a step-by-step process on how to apply for OWP for an out of status applicant.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/spouse-common-law-partner-canada-open-work-permit.html
back in the old days, PA can apply for OWP even when he/she is out of status once the sponsorship application reach AIP.

I don't know how it works on the online system now.
 
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Ponga

VIP Member
Oct 22, 2013
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If your wife had a work permit but it's now expired, she needs to restore her status as worker first. Otherwise, she is not eligible to apply for a work permit from inside Canada.
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/apply.html
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/extend/expired-permit.html
The Spousal Sponsorship, in and of itself, allows the OP's wife to apply without status after reaching the AIP stage. No idea why they're having difficulty.
 

Ponga

VIP Member
Oct 22, 2013
10,587
1,561
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Hi All,

Please I need some help.

My wife is out of status and based on the Inland PR application we submitted, she just received AIP. However, my concern is that I don't know how to go about applying for an Open Work Permit for her because I can't seem to be able to go past the eligibility quiz.

When I get to the page where it asks when her status in Canada expired and I provide the details, it says I'm ineligible, so I'm unable to progress any further. However, per the link below, she should be eligible for OWP when she receives AIP. PLEASE, can anyone guide me to a step-by-step process on how to apply for OWP for an out of status applicant.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/spouse-common-law-partner-canada-open-work-permit.html
Have you read trough this thread:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/out-of-status-and-inland-sponsorship-application.830987/
 

thanhtam23

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Nov 27, 2023
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The Spousal Sponsorship, in and of itself, allows the OP's wife to apply without status after reaching the AIP stage. No idea why they're having difficulty.
My bad, you're right!
@Processor01 did you create IRCC secure account for her and start your online application from there?
 

Ponga

VIP Member
Oct 22, 2013
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Please see this image here to understand better what I'm trying to explain.
I never proclaimed that I did not understand what you were trying to explain. I get it; you don't know what the problem is.

Judging from the image that you've posted, here's one possible issue:

On the second line it asks `what is your current immigration status in Canada?'.
I am assuming that her status was visitor, but...she has lost that status because she overstayed and is now without legal status in Canada, right?
This is where the spousal sponsorship comes into play, but...there's no option to select anything about applying under this program.

It's no secret that the `new and improved' way that a spousal sponsorship applicant obtains an OWP has found others, like yourself, in a state of limbo.

Why not just apply by mail?
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/apply.html

If you have problems applying online
You can submit a paper application if either
  • you can’t apply online because of a disability
  • there’s a problem with the online application

What to do if you have problems applying online
 
Last edited:
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Doanthienkim

Star Member
Oct 21, 2024
72
43
Hi All,

Please I need some help.

My wife is out of status and based on the Inland PR application we submitted, she just received AIP. However, my concern is that I don't know how to go about applying for an Open Work Permit for her because I can't seem to be able to go past the eligibility quiz.

When I get to the page where it asks when her status in Canada expired and I provide the details, it says I'm ineligible, so I'm unable to progress any further. However, per the link below, she should be eligible for OWP when she receives AIP. PLEASE, can anyone guide me to a step-by-step process on how to apply for OWP for an out of status applicant.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/spouse-common-law-partner-canada-open-work-permit.html
Did you figure it out? I’m in the same boat. Looking for answers
 

Processor01

Full Member
Jul 28, 2019
27
20
Yeah. You apply with the closest selection (whatever you were before you lost your status) and submit an explanation letter with your AIP document.
But it doesn't let you complete the processs when you indicate any status with an expiry date in the past.

Please, how were you able to navigate past that huddle?
 

Doanthienkim

Star Member
Oct 21, 2024
72
43
But it doesn't let you complete the processs when you indicate any status with an expiry date in the past.

Please, how were you able to navigate past that huddle?
I read that you can put an incorrect date that allows you to continue through the stages of the online app and add your AIP letter and an explanation to the upload section telling them the correct information and the reason you put another date on the form. Or you can do the mail in work permit application stating that the online one didn’t work for your situation. I didn’t do it yet because I decided to wait, I don’t want to waste 255$ when I’m so close to the finish line. But if I change my mind, I will do it that way. Please let me know if it works out for you.