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Seeking help and advice! Please!

Feb 21, 2016
5
0
Hello, newbie here. I am so glad I stumbled across this message board full of people in the same situation! My husband entered Canadian in May 2015 as a visitor, following our wedding in Mexico. And following a mess involving a work sponsor ship denial after we were working with a lawyer (but that's not what is important now).

My husband and I applied for spousal sponsorship, in August 2015 - along with an open work permit application. On November 19th his visitor's visa expired. Around this same time CIC sent back his open work permit application to us because apparently the cost of processing fee's also went up in November (although we had originally applied in August). When we asked our local immigration centre for help "translating" the letter they had included with our application - she instructed us to just include a photocopy of our previous payment receipt and send it on back. Failing to mention the increase in processing costs - apparently she didn't get the memo and the mistake we clearly made was trusting her.

Which brings me to three more months down the road... February 2016. They've just sent his open work permit application back with a more descriptive letter actually explaining the increase in cost. Conveniently at this time, his 90 day "grace period" following the expiration is expired by one day. And they have also mentioned that we would need to apply for restoration of status (despite the fact our PR application has been in process since early November - well before the expiry of his visitor status). And the real cherry on the top of this mess, is that CIC sent his application for open work permit to the wrong address - despite the correct address being clearly printed throughout the entire application. And I have no idea how long it actually sat at our local post office.

I apologize for the long story! I just hope someone can offer some sort of advice or help. We are beyond stressed and exhausted by all this. ???
 

scylla

VIP Member
Jun 8, 2010
95,814
22,091
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
Unfortunately it doesn't matter when his PR application was submitted. The PR application doesn't give him implied status - it's the OWP application that does this.

Unless I've missed something, it's unfortunately too late to apply to restore this status now - this was only an option for 90 days after November 19th.

He can remain in Canada without status to wait out the processing of his inland application. However this means he won't qualify for an open work permit until his application has first stage approval (AIP) - which I believe is taking around 16 months after the application was received by CIC (i.e. 16 months from August 2015).
 
Feb 21, 2016
5
0
Well, I guess one thing I can be happy about is that he can remain here with me in Canada! I'm really afraid of them trying to kick him out for not having status. Which would then screw up his inland PR application.