Sponsor Spouse - PR Application INLAND - Eligible for Work Permit ?

[rivendell]

Hi Everyone,

Hoping to get some insight or suggestions in regards to my sisters application :

- her initial Open Graduate Work Permit was set to expire in March 2014
- One week before the expiry, she filed for an extension of the work permit, based on the LMO file number ( her employer had submitted LMO , which was in process)
- during the wait for the LMO to get approved, the whole McDonalds debacle happened - She was one of the 12 employees, McD had submitted LMO for.
- During that time period, a hold was put on all LMO Applications, especially McD, and every time she called CIC, she was told it is on hold.
- this went on till Dec 2014, when she received a letter saying, her status is unclear - pending inquiry of McD's Employment standards or whatever.
- At any point she did not receive a letter saying she should leave Canada
- In Feb 2015 she received an email saying - her work permit app has been rejected cz the McD LMO was suspended.
- In March 2015 i hired an immigration consultant to file TRV - Visitor visa citing humanitarian grounds, inconvenience suffered due to McD inquiry, affecting her inability to work or support herself in Canada
- April 2015 - TRV got rejected.
- In Nov 2015 - she got married to her long time bf - canadian PR
- PR filed in Dec 18 2015
- AOR received Feb 7 2016
- police certificate request June 2016


Sorry for the long read - my question:

- since she was without any status in Canada pretty much for 6-7 months from April 2015 - Nov 2015
- is she eligible to apply for a Work Permit based on her spouse's status in CAnada and that her PR file is in progress at CIC


Thank you in advance.

 

[Ponga]

Just to clarify...She is now out of status and has been for quite awhile.

No. She will not be eligible for the [regular] OWP until she has received first stage approval on the inland application (AIP, or Approval in Principle). That stage takes ~ 16 months after CIC has received the application. However, CIC seems to be working faster for some odd reason. The fact that her PCC was requested could mean that CIC is getting close to issuing her AIP, although it's impossible to say for sure. It's worth mentioning that some, perhaps even most, Inland applicants are now getting SA (Sponsor Approval), AIP and DM (Decision Made) very close together...sometimes on the same day. If this happens, there would be no need to submit the OWP.


Good luck!

 

[rivendell]

Thank you so much @Ponga.

- Yes, she has been out of status for 7 months
- After 7 months, her spousal PR app was filed in Canada.
- Yes, i want to be slightly hopeful, she becomes eligible for a OWP.

My question:

- If she were to receive an AIP in the next few months, would she then be eligible for OWP ?

I am not familiar with AIP - need to read about it..

Thanks again !

 

[Ponga]

How do you figure she's been out of status for only 7 months?

When her WP extension was refused in Feb 2015, her `Implied Status' that she had (from when it was submitted, in 2014) expired. From THAT day forward, she was out of status. According to my calculations, it's been ~ 17 months (and counting). The consultant should have applied for Restoration of Status (ROS) which needs to be done within 90 days of losing status.

Historically, CIC was issuing AIP after ~ 16-20 months, followed by another 10-12 months for DM. In that case, it might be beneficial (and financially justifiable) to have submitted the OWP. Now, CIC seems to be issuing DM much quicker, which would negate the need for the OWP at all. Once she has received DM, followed by her landing interview/appointment, she can work anywhere without the need of an OWP.

The caveat, is that any person in Canada without status can be removed. She needs to get AIP ASAP, as that will be when she can truly be assured that CBSA will not come knocking.

 

[rivendell]

Yes, that would make sense, but we were told you cannot have two active applications under two different categories. Applying for ROS would mean withdrawing her Work Permit application which showed - in progress - with respect to LMO issue. There was no safe option to apply for ROS while her work permit was in progress.
Furthermore, there were no grounds for ROS - may be get a visitor visa - which would be slippery slope as well.

The communication from CIC during that time period where she was in limo ' explicitly ' stated - she has implied status. So i figure she was out of status for 7 months not 17.

We have an active, legally eligible application with extensive documentation already in progress, a PCC has been requested. She has not been working since Feb 2015 , not doing anything illegal,along with thousands of people faced physical and mental struggle with the whole McD debacle and Kenny's knee jerk decision of suspending all LMOs. Anyway opening another can of worms there.

Call me crazy, my takeaway is positive and hopeful! Just wanted to get an idea on the timeline of application steps. Thank you !