PR and OWP DENIED. Appeal in process. Common law sponsorship filled. CIC sent Voluntary dep order

[Quica2012]

Hello. My fiancé (3yrs) (common law5years) has been denied PR under the care giver program. Her OWP was denied based on the PR decision. There is an appeal filed in regards to the PR decision. A Voluntary Departure Order was issued with the denial of OWP . CIC says she has no status and must leave the country. We also have a common law sponsorship application filed. Question: does the VD order take presedence over the appeal and the common law application? It is our understanding that as long as the appeal is in progress and there is an application for common law status she can remain in the country. It is understood that she can’t work without the OWP. We applied for a new one with the common law before they sent the denial of the original OWP associated with the caregiver permit.

 

[Wakki]

refer.....Reasons for delays

 

[Attak]

Hello. My fiancé (3yrs) (common law5years) has been denied PR under the care giver program. Her OWP was denied based on the PR decision. There is an appeal filed in regards to the PR decision. A Voluntary Departure Order was issued with the denial of OWP . CIC says she has no status and must leave the country. We also have a common law sponsorship application filed. Question: does the VD order take presedence over the appeal and the common law application? It is our understanding that as long as the appeal is in progress and there is an application for common law status she can remain in the country. It is understood that she can’t work without the OWP. We applied for a new one with the common law before they sent the denial of the original OWP associated with the caregiver permit.

The principle is that as long as the appeal is in progress the VD order cannot be executed untill final determination of the appeal. It would also be appropriate to file for PR under family class (inland) in order to benefit from Public Policy