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OWP Renewal before AIP and potential removal order

Guarona

Full Member
Feb 5, 2014
27
3
Hello.

I wanted to get your thoughts on our current situation and on what may be the best way to move forward.

Here's a quick summary of our situation:
1. Genuine conjugal relationship for almost 6 years to a Canadian citizen.
2. Refugee claim rejected in April 2013.
3. No removal order yet received from CBSA (thankfully!).
4. Spousal sponsorship AOR in April 2013.
5. Case transferred from CPC-V to local CIC office in late Jan. 2014 (most likely due to point 2. above) without a decision yet on Step 1. Case notes requested through ATIP (not yet received).
6. Processing times at local CIC office estimated at ~24 months.
7. Clearly, no AIP yet.
8. Current 3-year OWP expires late summer 2014.
9. Current processing times of 15 days for online OWP applications.
10. New OWP's seem to have validity of 1 year (is this true for those with spousal sponsorships in process?).
11. Eligible to apply under H&CG in April 2014. Processing times of ~3 years (some cases take more, some less); will not prevent removal, however, will continue to be processed after removal, unlike with spousal application.

Our immediate questions are the following:
A. Given the long processing times at our local CIC office (point 6 above), we fear that we may be served with the removal order prior to receiving AIP. Does anybody have experience or insight as to what may happen to us if we receive the removal order before AIP in this case? It may be the case that 'administrative deferral' and/or 'regulatory stay' of removal is no longer an option exercised by CBSA based on submission and processing of spousal applications.

B. Although we have been reassured by CIC that we can continue to renew the OWP under our current situation, how will a removal order affect a valid OWP in this situation? Will the valid OWP be 'revoked'? If CBSA allowed removal to be deferred until a decision was made on the spousal application (i.e. invoking 'administrative deferral' or 'regulatory stay' of removal), could the OWP be renewed?

C. Should we apply for a renewal of the OWP right away (to be safe), even with over 6 months left in the current valid OWP? Will this look strange and not be approved? This will only (potentially, as per point 10 above) extend the employable period by ~6 months (instead of the full year – from Winter/Spring 2014 to Winter/Spring 2015) compared to renewing the OWP right before the current one expires (from late Summer 2014 to late Summer 2015).

D. Should we submit a H&CG application in April 2014 while the spousal is being processed? Our understanding was that you 'could not' really submit an H&CG application if you had the choice of submitting a spousal one. If so, can both applications co-exist in CIC?

E. Any other thoughts or things we may not have considered?


I am pretty sure we will have other questions once we get some input from you.

We are hoping for the best but are also preparing for the worst. We do not want to get caught with our guard down.

Needless to say, our stress level is through the roof! :'(

Thanks for your help! :D
 

Ponga

VIP Member
Oct 22, 2013
10,416
1,468
Job Offer........
Pre-Assessed..
I may be completely wrong about this, but...doesn't your current, valid OWP give you some sort of legal status? Otherwise, how could you possibly work in Canada?!?!

Depending on what the OWP conditions were (if any) prior to filing your Inland sponsorship application...you should be fine, right?
 

scylla

VIP Member
Jun 8, 2010
95,842
22,110
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Maybe I'm missing something - but on what basis would you be able to renew the OWP if you don't have AIP?
 

Guarona

Full Member
Feb 5, 2014
27
3
Ponga said:
I may be completely wrong about this, but...doesn't your current, valid OWP give you some sort of legal status? Otherwise, how could you possibly work in Canada?!?!

Depending on what the OWP conditions were (if any) prior to filing your Inland sponsorship application...you should be fine, right?
Refugee claimants do not really have any status (legal nor illegal) yet they can hold a work permit and renew it (and the OWP will not confer any sort of status by itself). Wether you fail or succeed with your refugee claim, you are still considered a refugee claimant and are allowed to renew your OWP while in Canada.

However, we don't really know how that would change once CBSA issues a removal order.