Petitioning CIC to improve inland processing time and grant Open Work Permit

[Carlaganda23]

Everybody
I didn't know I could submit a work permit application with my PR application. I hadn't found this forum. Therefore, no implied status for me until AIP. In any case, my LMO was based on a contract that expires in August anyway. I would only be allowed to work for that company, on a project I already finished, so no more work for me!

Hi lellen,

I will chime in, if your boss is willing to apply for an LMO, you can still continue working. If not, then you should send apply for Visitors or Change a Condition to extend your stay in Canada.

 

[civic]

Everybody
I didn't know I could submit a work permit application with my PR application. I hadn't found this forum. Therefore, no implied status for me until AIP. In any case, my LMO was based on a contract that expires in August anyway. I would only be allowed to work for that company, on a project I already finished, so no more work for me!

Wait for AOR so you know your file has been put in processing queue, have a file number and you can send in Open Work Permit application to CIC. I hope AOR will come before your current status expires.

 

[civic]

Hi lellen,

I will chime in, if your boss is willing to apply for an LMO, you can still continue working. If not, then you should send apply for Visitors or Change a Condition to extend your stay in Canada.

LMO issuance and work visa in food service have been shut down by the government. Even for other sectors it's not easy now to get one now because the temporary foreign worker program is now in big fire.

 

[lellen]

Thanks Carlaganda23 and Civic! I'm (im)patiently waiting for my AOR so I can do that. I don't work in the food service industry but I won't ever in my life go through the process of an LMO again (I know my employers won't either). I know this is a different subject we're on, but I hated the LMO business. Plus it gives your employer entitlement because in their eyes they're doing you a favour. ugh there's nothing worse than working that way. That's a different subject, I don't want to go on about this, I wanted to thank you because your advise does make me feel better.

 

[Carlaganda23]

LMO issuance and work visa in food service have been shut down by the government. Even for other sectors it's not easy now to get one now because the temporary foreign worker program is now in big fire.

That's true, I agree on this, in fact I'm affected with the new program requirements since last year. I came in Canada as TFW in Health Care Industry. It's very difficult to get an LMO these days. I never knew that my boss will get denied for their application for LMO for me for three consecutive times.

And now, I'm out of work. I should have known about Family Sponsorship last year since we became Common-Law with my partner since July 2013 and I can still work on Implied Status.

 

[Ponga]

Apparently you believe you know much more about this than the couple in question (living in BC), the CBC and the BC Medical Services officials they have been speaking to. In the article, it says:

"However, it's a two-step approval — the sponsorship, then the residency. B.C.'s Medical Services Plan requires confirmation that phase two — the residency — is being worked on."

Also, if you look at:http://www.health.gov.bc.ca/msp/infoben/pdf/covering-a-spouse-or-child-who-is-an-applicant-for-permanent-resident-status-in-canada.pdf it says:

COVERING A SPOUSE OR CHILD WHO IS AN APPLICANT FOR PERMANENT RESIDENT STATUS IN CANADA

Is my spouse/child eligible for coverage?

To be eligible for coverage with British Columbia's health care plans, your spouse/child must be a resident of this province. The Medicare Protection Act defines a resident as a person who is a citizen of Canada or is lawfully admitted to Canada for permanent residence, makes his or her home in British Columbia, and is physically present in British Columbia for at least six months in a calendar year, or a shorter prescribed period, and includes a person who is deemed under the regulations to be a resident but does not include a tourist or visitor to British Columbia.

Based on the preceding, Canadian citizens and persons with permanent resident status in Canada are eligible to apply for benefits. In addition, certain non-permanent residents may be deemed residents and thus be considered eligible (e.g., many holders of study and work permits valid for six or more months and many applicants for permanent resident status who are the spouse or child of an eligible B.C. resident). Tourists and visitors to B.C. are not eligible for provincial health care benefits.

Note: Entitlement cannot be confirmed over the phone by the Medical Services Plan (MSP). MSP can only determine a person's eligibility for coverage after the person arrives in British Columbia and their application for coverage and immigration documentation has been reviewed.


It does not say that ALL deemed residents are eligible for healthcare and clearly states that visitors to BC (which the wife is at present) are not eligible.

Well, if you would have taken the time to read the excerpt that you were kind enough to provide, you probably would have re-crafted your reply to my post. As you can see, from your own post, a person is deemed to be a resident if they have applied for permanent residency.

Do I claim to know more than the couple in question? Perhaps, since I fought the same fight and won. I now have BC MSP.

 

[lellen]

And now, I'm out of work. I should have known about Family Sponsorship last year since we became Common-Law with my partner since July 2013 and I can still work on Implied Status.

ughhh I know what it's like, even if you ARE on implied status trying to find a new job, good luck convincing your employer that you're allowed to work! They see your expired SIN and/or expired work permit and it's always a fight. I usually send CIC's implied status email I got together with my Work Permit, but most employers are out of the loop about "implied status" and get scared about doing something illegal.

 

[Carlaganda23]

ughhh I know what it's like, even if you ARE on implied status trying to find a new job, good luck convincing your employer that you're allowed to work! They see your expired SIN and/or expired work permit and it's always a fight. I usually send CIC's implied status email I got together with my Work Permit, but most employers are out of the loop about "implied status" and get scared about doing something illegal.

Yup that's true as well...I don't have any choice right now but to WAIT for the Approval in Principle. I sent my application last February 2014. I'm still waiting for the AOR and hopefully AIP in 6 months or so. I hope the processing will get quicker though.

 

[civic]

Today, immigration reporter Nicholas Keung from Toronto Star has replied to our petition. He offered a chance for our voices to be heard on Toronto Star. If the editors are interested in pursuing a story, they need to identify and photograph some of the affected victims. The experiences could be: not having health coverage, immigration status in limbo, no driver license, missed out job opportunities, sponsors must work very hard to support families with only one source of income, children born and raised in financial restrains, etc. We ask that you write an email directly to reporter Nicholas Keung at nkeung@thestar.ca with your detailed story, name and telephone number. You can help make our campaign stronger by working with the media. That way, you effectively help yourself and others. Tell your story to Toronto Star.
Today, immigration reporter from Toronto Star has replied to our petition. He offered a chance for our voices to be heard on Toronto Star. If the editors are interested in pursuing a story, they need to identify and photograph some of the affected victims. Since I and my wife are very new in the process, I would like to invite the affected sponsors and applicants with longer wait time and more negative experiences with the delay and not having the right to work to tell your stories to the reporter. The experiences could be: not having health coverage, no immigration status, no driver license, missed out job opportunities, sponsors must work very hard to support families with only one source of income, children born and raised in financial restrains, etc. To respect his privacy I would ask that you write an email to inlandsponsorship @ gmail.com first and the petition admin will forward your email to him so you can be in touch directly. He will ask for your name and telephone number and your case might be presented publicly on the newspaper to draw CIC's attention. Folks, this is a rare opportunity for us to fix the system. Work with the media. Help yourself and others. Tell your story.

 

[Carlaganda23]

Today, immigration reporter from Toronto Star has replied to our petition. He offered a chance for our voices to be heard on Toronto Star. If the editors are interested in pursuing a story, they need to identify and photograph some of the affected victims. Since I and my wife are very new in the process, I would like to invite the affected sponsors and applicants with longer wait time and more negative experiences with the delay and not having the right to work to tell your stories to the reporter. The experiences could be: not having health coverage, no immigration status, no driver license, missed out job opportunities, sponsors must work very hard to support families with only one source of income, children born and raised in financial restrains, etc. To respect his privacy I would ask that you write an email to inlandsponsorship @ gmail.com first and the petition admin will forward your email to him so you can be in touch directly. He will ask for your name and telephone number and your case might be presented publicly on the newspaper to draw CIC's attention. Folks, this is a rare opportunity for us to fix the system. Work with the media. Help yourself and others. Tell your story.

Hi civic,

This is great but I'm not in Ontario area. I'm in Nova Scotia and still new on this process...I think there are many 2013 Inland applicants who are more suitable to make their stories out in the media...

 

[civic]

Hi civic,

This is great but I'm not in Ontario area. I'm in Nova Scotia.

I imagine they can do everything via email these days. I encourage anyone that is experiencing long wait with no response, people that are affected in terms of health coverage, immigration status in limbo, etc..., to represent us and tell Toronto Star. Media is offering tremendous helps on this. This is another chance our voices be heard over and over until change is made. I notice that CIC does respond to media inquiries and they even offer fast track to some specific cases that are presented by media.

 

[Carlaganda23]

I imagine they can do everything via email these days. I encourage anyone that is experiencing long wait with no response, people that are affected in terms of health coverage, immigration status in limbo, etc..., to represent us and tell Toronto Star. Media is offering tremendous helps on this. This is another chance our voices be heard over and over until change is made. I notice that CIC does respond to media inquiries and they even offer fast track to some specific cases that are presented by media.

Yes that's true. There is one comment in the petition about his wife is on Maternity Leave and just had a baby and he can't work to support them because of longer waiting time. I guess he is the suitable person, they applied last August 2013.

 

[civic]

Yes that's true. There is one comment in the petition about his wife is on Maternity Leave and just had a baby and he can't work to support them because of longer waiting time. I guess he is the suitable person they applied last August 2013.

CBC just triggered the health coverage topic for us. I think this time we should tell media about the open work permit and why the delay in granting owp has affected us.

 

[Ponga]

At the very least, CIC should state what their reasoning is for the delay in eligibility for an OWP. Once again, I feel that it will come down to dissecting the language that CIC chose for parts of the Spousal Sponsorship program...like the word eligible.

They state that a person can apply for PR, provided that they have an eligible sponsor. Ok...if our sponsors meet the criteria that is outlined in the guidelines, THAT should make them eligible, right?
-----------

Sponsorship eligibility
In order to sponsor, you must...

be 18 years of age or older,
be a Canadian citizen, Registered Indian or permanent resident,
be sponsoring a member of the family Class,
live in Canada or provide evidence, if you are a Canadian citizen living outside of Canada, that you will live in Canada once the person you are sponsoring becomes a permanent resident.
sign an agreement with your spouse or common-law partner confirming that each of you understands your obligations and responsibilities,
sign an undertaking promising to provide for your spouse or common-law partner's basic requirements and, if applicable, those of his or her dependent children,
prove that you have sufficient income to provide basic requirements for your spouse or common-law partner's dependent children. To do this, you must provide documents showing your financial resources for the past 12 months. This requirement applies only when dependent children who have dependent children of their own are included on the application.
--------

Once CIC verifies this information, that moves the sponsor from eligible to approved.


So...if CIC claims that a sponsored person needs an eligible sponsor for OWP, we already had that...months ago!!!

 

[Alurra71]

At the very least, CIC should state what their reasoning is for the delay in eligibility for an OWP. Once again, I feel that it will come down to dissecting the language that CIC chose for parts of the Spousal Sponsorship program...like the word eligible.

They state that a person can apply for PR, provided that they have an eligible sponsor. Ok...if our sponsors meet the criteria that is outlined in the guidelines, THAT should make them eligible, right?
-----------

Sponsorship eligibility
In order to sponsor, you must...

be 18 years of age or older,
be a Canadian citizen, Registered Indian or permanent resident,
be sponsoring a member of the family Class,
live in Canada or provide evidence, if you are a Canadian citizen living outside of Canada, that you will live in Canada once the person you are sponsoring becomes a permanent resident.
sign an agreement with your spouse or common-law partner confirming that each of you understands your obligations and responsibilities,
sign an undertaking promising to provide for your spouse or common-law partner's basic requirements and, if applicable, those of his or her dependent children,
prove that you have sufficient income to provide basic requirements for your spouse or common-law partner's dependent children. To do this, you must provide documents showing your financial resources for the past 12 months. This requirement applies only when dependent children who have dependent children of their own are included on the application.
--------

Once CIC verifies this information, that moves the sponsor from eligible to approved.


So...if CIC claims that a sponsored person needs an eligible sponsor for OWP, we already had that...months ago!!!

Or you could look at it this way. How do they know the sponsor is eligible until they look at the information provided? This same process either approves an eligible sponsor or rejects an ineligible sponsor. It is really like the chicken and egg question.

As to why they don't just give us owp immediately? What if our sponsor is in fact found ineligible but we have now started a job, begun integrating into society and all that good stuff, which is great for us but now without sponsor approval we've opened up a while new can of worms by either making us eligible for another stream that we did not qualify for to begin with or for h & c since we've already integrated so nicely.

These scenarios sound great for us but what about those that only have a choice for one application? Why should we be special just because we married a Canadian? I think you will find a lot of answers in just those simple thoughts.

Just my two cents worth.