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Out of status

jamespianoo

Member
Jan 10, 2013
14
0
I have applied for inland PR and applied for an open work permit at the same time.

My OWP application was returned to me because I accidentally filled the wrong box and now my work permit has expired. Right now I am officially 'out of status'. I am from the UK and living in Quebec.

What is the best course of action to regain my status as a worker while my PR application is in progress?
 

marsiangal

Hero Member
Feb 15, 2013
562
23
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
16-08-2012
AOR Received.
20-11-2012
Med's Request
11-02-2013
Med's Done....
25-02-2013 DM....:20-06-2013 IN CANADA SINCE:...2008
LANDED..........
21-08-2013
Well if your status has expired within 90 days. You can apply again for the open work permit. But this time check the box that says you want to restore your status as a worker. It till be an extra $200 on top of the $150.
(probably better if you send in an explanation letter of what had happened on why your permit expired and you didn't renew it.)

This is as per CIC website.

Restoration of status

You may seek restoration within 90 days after your status as a visitor, student or worker has been lost, because you failed to comply with one or more of the following conditions:

You remained in Canada longer than the period authorized for your stay (but not longer than 90 days).
You changed employers or type of work before obtaining a new work permit.
You changed the type of studies, educational institution, location of studies, or times and periods of studies without applying to change these conditions on your study permit if they were specified on your study permit.

You may still be eligible for restoration if you continue to meet the initial requirements for your stay and have not failed to comply with other conditions imposed.

You may wish to complete an application to apply for restoration of temporary resident status and for a new study or work permit. There is no guarantee that your application will be accepted. On your application you must provide full details of all the facts and circumstances that resulted in you committing the offence.

If you wish to obtain a new study or work permit and restore your temporary resident status, you must pay the permit fee in addition to the restoration fee.

Restoration applies to each family member who has lost his or her status.

An officer will evaluate your request for restoration of status and if approved will process your application for a study or work permit. You will then be advised of any further action to be taken.

Note: You may not study or work in Canada until your application for restoration has been processed.
 

frege

Hero Member
Jun 13, 2012
953
29
Category........
Visa Office......
Paris
Job Offer........
Pre-Assessed..
App. Filed.......
01-05-2012
AOR Received.
none
File Transfer...
01-08-2012
Med's Done....
02-12-2011
Interview........
none
Passport Req..
28-11-2012 (copy only)
VISA ISSUED...
05-12-2012
LANDED..........
15-12-2012
jamespianoo said:
I have applied for inland PR and applied for an open work permit at the same time.

My OWP application was returned to me because I accidentally filled the wrong box and now my work permit has expired. Right now I am officially 'out of status'. I am from the UK and living in Quebec.

What is the best course of action to regain my status as a worker while my PR application is in progress?
If you were in Canada legally when you filed the inland sponsorship application, and it is still being processed, then you are still in Canada legally, albeit as a visitor, not as a worker.

I'm not sure what your options are to renew your previous work permit. That would probably depend on the kind of work permit it was. That is probably a separate question from anything to do with family-class applications and can be better answered in another category on the forum.

As for an open work permit, you will be eligible for one when you receive approval in principle (Stage 1 approval) on your inland application. Most people submit the OWP application with the PR application, which is what you did.

I'm not sure what you need to do now to have your application considered by the same officer who processes your PR, as you wanted. I imagine that you can submit a new OWP application to Vegreville with a cover letter explaining the circumstances and that you'd like this application to be considered along with your PR one. Maybe you can check this with the CIC call centre and let us know what they say.

Alternatively, you can submit an OWP application after you receive AIP, but my understanding is that that would add a month or two to your wait.