Restore status with OWP based on PGWP

[pjhades]

Hi,

I used to work with Open Work Permit based on my wife's Study Permit.
Now it's expired and I lost my status as a temporary worker, but still within 90 days.

My wife recently got her Post-Graduation Work Permit.
She has been working part-time as a lecturer in her university and receiving payrolls since she was a student.
But she hasn't received any payroll after she turned into a worker.

My question is, can I restore my status by applying a new OWP based on her PGWP?

What concerns me is that her job is part-time, and she only has payrolls before her PGWP. I'm not sure if I can apply in this case.

 

[canuck_in_uk]

Hi,

I used to work with Open Work Permit based on my wife's Study Permit.
Now it's expired and I lost my status as a temporary worker, but still within 90 days.

My wife recently got her Post-Graduation Work Permit.
She has been working part-time as a lecturer in her university and receiving payrolls since she was a student.
But she hasn't received any payroll after she turned into a worker.

My question is, can I restore my status by applying a new OWP based on her PGWP?

What concerns me is that her job is part-time, and she only has payrolls before her PGWP. I'm not sure if I can apply in this case.

If she already had the skilled job and payslips as a student, why did you not apply for an extension with her? Or why did you not at least apply to change to a visitor instead of allowing yourself to go out of status?

It doesn't matter if the job is part-time or that the payslips are from before she got her PGWP. All that matters is that it is skilled and she has 3 payslips.

 

[pjhades]

If she already had the skilled job and payslips as a student, why did you not apply for an extension with her? Or why did you not at least apply to change to a visitor instead of allowing yourself to go out of status?

It doesn't matter if the job is part-time or that the payslips are from before she got her PGWP. All that matters is that it is skilled and she has 3 payslips.

Thanks.

I applied together with her but I didn't provide any proof of her job because I didn't read the webpage about spouses of OWP holders. So I didn't know that spouses of OWP holders must provide such documents. That's why I got refused.

So it should be fine to restore my status in this way.

Another question is, should her proof of employment mention the category 0 A B ? I guess no as long as the job title is mentioned.

 

[canuck_in_uk]

Thanks.

I applied together with her but I didn't provide any proof of her job because I didn't read the webpage about spouses of OWP holders. So I didn't know that spouses of OWP holders must provide such documents. That's why I got refused.

So it should be fine to restore my status in this way.

Another question is, should her proof of employment mention the category 0 A B ? I guess no as long as the job title is mentioned.

Her employment proof must clearly indicate that it is skilled.

 

[pjhades]

Her employment proof must clearly indicate that it is skilled.

What would be the estimated processing time for status restoration? I've heard few weeks to months. I assume that includes the processing of both the restoration request and the permit?

I'm not sure if leaving Canada and apply for a new status would be faster than restoration.

 

[canuck_in_uk]

What would be the estimated processing time for status restoration? I've heard few weeks to months. I assume that includes the processing of both the restoration request and the permit?

I'm not sure if leaving Canada and apply for a new status would be faster than restoration.

There is no estimate. It is based on the individual app. Expect at least a few months.

 

[pjhades]

There is no estimate. It is based on the individual app. Expect at least a few months.

Got it! Thank you for your explanation!

 

[canuck78]

How old are her pay stubs?

 

[pjhades]

How old are her pay stubs?

She teaches courses in winter and spring semesters so last time her payrolls were from April 2019. She's going to teach in January so the earliest time she gets 3 payrolls would be early February.

Like I replied in another thread, I'm not sure if IRCC would give me an OWP that only lasts for the duration of her contact. (January 2020 - April 2020)

Also in her case the employment letter from her university cannot say anything like the working hours like for other typical 9-5 jobs. I'm just worried that IRCC would reject or give me a short lasting permit.

Thanks for your reply.

 

[canuck78]

She teaches courses in winter and spring semesters so last time her payrolls were from April 2019. She's going to teach in January so the earliest time she gets 3 payrolls would be early February.

Like I replied in another thread, I'm not sure if IRCC would give me an OWP that only lasts for the duration of her contact. (January 2020 - April 2020)

Also in her case the employment letter from her university cannot say anything like the working hours like for other typical 9-5 jobs. I'm just worried that IRCC would reject or give me a short lasting permit.

Thanks for your reply.

The Jan-April 2020 contract won’t be an issue. Don’t think you’ll be able to submit pay stubs from last March and April (2019) to get you SOWP. Would use the January -February 2020 pay stubs.

 

[pjhades]

The Jan-April 2020 contract won’t be an issue. Don’t think you’ll be able to submit pay stubs from last March and April (2019) to get you SOWP. Would use the January -February 2020 pay stubs.

That would be good. My lawyer warned me about the OPW duration issue which concerned me a lot these days but CIC website actually is not very clear in such aspects.

My wife now has an letter of employment from the HR department of her university. The letter only says
1 she is employed as a lecturer
2 her position is contractual
3 description of her job duty
And there's nothing more..I know that more details must be more helpful, but maybe the university cannot say exactly how many hours she works pretty week because it may vary in different contact periods. I do not know if only this information would be enough to prove that she works in 0/A/B classes.

I'm thinking about that since university lecturer does exist in category A, then IRCC must have known that there are lecturers ego work as contractors...

 

[pjhades]

The Jan-April 2020 contract won’t be an issue. Don’t think you’ll be able to submit pay stubs from last March and April (2019) to get you SOWP. Would use the January -February 2020 pay stubs.

forgot to say along with the employment letter there's a full history of her teaching experience since 2017 so IRCC may know that she works in this position regularly even if it's contractual. (but sure there's may be exceptions)

 

[Mollar]

Hello did you get your restoration approved