Spousal Sponsorship in-land Applications 2016 timeline and updates

[mskoalified]

When did you apply for the PR and OWP?

We're sending it in today!

 

[polarvolcano]

Meaning, yes, as long as he has a PR app in, you have a sponsorship app in for him, and the fees were paid properly, you're good to go. He will have implied status until the OWP arrives (so, when one permit ends, if he doesn't have the new one yet, tell him to stop working until the new one arrives; he can remain as a visitor until the OWP comes).

OWP processing time is ~4 mos.

The implied status in this case is implied as a worker, not defaulting back to a visitor because they are applying for the same kind of permit (work permit). You maintain the status as a worker and can continue to work under the conditions of the original work permit.

From: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=474&top=17

If you applied for another work permit:

You must stay in Canada and meet the conditions of your original work permit. If you applied for a work permit extension before your work permit expired, you can keep working under the same conditions as your existing permit until CIC decides on your application, even if you have applied to extend your stay under another category of temporary resident.

There is no need to stop working. But in this case it won't matter because they will get the new OWP before the IEC one expires in March.

 

[profiler]

The implied status in this case is implied as a worker, not defaulting back to a visitor because they are applying for the same kind of permit (work permit). You maintain the status as a worker and can continue to work under the conditions of the original work permit.

From: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=474&top=17

If you applied for another work permit:

You must stay in Canada and meet the conditions of your original work permit. If you applied for a work permit extension before your work permit expired, you can keep working under the same conditions as your existing permit until CIC decides on your application, even if you have applied to extend your stay under another category of temporary resident.

There is no need to stop working. But in this case it won't matter because they will get the new OWP before the IEC one expires in March.

Thanks for keeping me honest!

 

[polarvolcano]

Thanks for keeping me honest!

Haha, this forum is a team effort my friend.

 

[mskoalified]

Make sure you paid $255 for the OWP. $100 for the permit, $155 for the OWP holder fee.

Here is a snip on eligibility from the Temporary Foreign Workers Operations Manual (the bolded area is of interest here):
"
Applicants in the following categories are eligible:

- persons described under paragraph R206(a) or (b) (exemption code S61 or S62);

- persons described under paragraph R207 (exemption code A70);

- persons described under paragraph R208(a) or (b) (exemption code H81 or H82);

- certain workers authorized to enter Canada on a reciprocal basis:

- Canada World Youth Program participants (exemption code C20),

- International Experience Canada working holiday exchange programs participants (exemption code C21) (there are also specific recognized organizations whose participants receive open work permits [such as GO International, SWAP, and INTERNex]),

- family members of foreign representatives and of military personnel who are LMIA-exempt (exemption code C20), where a reciprocal arrangement exists,

- professional athletes authorized to enter Canada on the basis of exemption C20 who require other work to support themselves while playing for a Canadian team (e.g., Canadian Football League);

- spouses of skilled workers eligible under paragraph R205(c) (exemption code C41);

- spouses of foreign students eligible under paragraph R205(c) (exemption code C42);
- qualifying foreign nationals currently in Canada who have submitted an application for permanent residence under one of the economic classes (the federal skilled worker class [FSWC], the Canadian experience class [CEC], the provincial nominee class [PNC], or the federal skilled trades class [FSTC]) or under one of the caregiver classes (caring for children class or caring for people with high medical needs class) and who meet eligibility requirements may be considered for a bridging open work permit if their current work permit expires in the next four months (exemption code A75);

- qualifying foreign nationals who have submitted an application for permanent residence under the spouse or common-law partner in Canada (SCLPC) class.

- As of December 22, 2014, open work permits may be issued to eligible applicants under the SCLPC class at an earlier stage in processing. This pilot project will end on December 21, 2016.

- Officers will issue open work permits to SCLPC class applicants if they meet the following requirements:

- a permanent residence application has been submitted under the SCLPC class;

- a Canadian citizen or permanent resident spouse has submitted a sponsorship application on their behalf;

- the SCLPC class applicant resides at the same address as the sponsor; and

- the SCLPC class applicant has valid temporary resident status (as a visitor, student, or worker).

- Applicants whose application for permanent residence is being processed under the spousal public policy (subcategory “PP” in GCMS) on the basis that they do not have a valid temporary resident status are not eligible to be issued an open work permit under the pilot project. They must wait until they receive approval in principle to be eligible to apply for an open work permit.

- Case processing centres will ensure that the requirements are met and conduct a systems check to identify any adverse information on either the sponsor or the applicant that would render the applicant ineligible to receive an open work permit. If there is information that an applicant is inadmissible, their application for an open work permit will be refused.

- Validity: These work permits are valid for two years or until the date the SCLPC class applicant’s passport expires, whichever is the earliest.

- Additional GCMS coding: Use special program code “SPO” (sponsored spouse or partner) and standard note “Pending FC APR” (to be entered in User Remarks so it appears on the physical document).

- In combination with LMIA exemption code A70 and NOC code 9999, this additional coding will allow Citizenship and Immigration Canada (CIC) to capture and report on data specific to the issuance of open work permits to SCLPC class applicants.

If a medical examination has not been completed, work permits should be open employer/occupation-restricted.
"

Meaning, yes, as long as he has a PR app in, you have a sponsorship app in for him, and the fees were paid properly, you're good to go. He will have implied status until the OWP arrives (so, when one permit ends, if he doesn't have the new one yet, tell him to stop working until the new one arrives; he can remain as a visitor until the OWP comes).

OWP processing time is ~4 mos.

The implied status in this case is implied as a worker, not defaulting back to a visitor because they are applying for the same kind of permit (work permit). You maintain the status as a worker and can continue to work under the conditions of the original work permit.

From:

If you applied for another work permit:

You must stay in Canada and meet the conditions of your original work permit. If you applied for a work permit extension before your work permit expired, you can keep working under the same conditions as your existing permit until CIC decides on your application, even if you have applied to extend your stay under another category of temporary resident.

There is no need to stop working. But in this case it won't matter because they will get the new OWP before the IEC one expires in March.

You guys are the best!

On more: On the checklist for the Application to change conditions/Open Work Permit , there's a question regarding having insurance for the intended extention "If you are a participant in the IEC program, provide proof of health insurance covering the intended extension to your length of stay in Canada"

Does he need to buy insurance separate from what he gets through his employer (he is also on OHIP)?

 

[profiler]

You guys are the best!

On more: On the checklist for the Application to change conditions/Open Work Permit , there's a question regarding having insurance for the intended extention "If you are a participant in the IEC program, provide proof of health insurance covering the intended extension to your length of stay in Canada"

Does he need to buy insurance separate from what he gets through his employer (he is also on OHIP)?

No, I would just put N/A here. He is switching from IEC to SCLPC (Family Sponsorship) class. You'd be responsible for the health insurance.

EDIT: If you update OHIP with the new OWP and explain he will continue to work, they will just extend his access. But for IEC they would not have the sponsor who would ultimately be responsible for health care if it was needed. So, NA is the right answer here

 

[mskoalified]

No, I would just put N/A here. He is switching from IEC to SCLPC (Family Sponsorship) class. You'd be responsible for the health insurance.

EDIT: If you update OHIP with the new OWP and explain he will continue to work, they will just extend his access. But for IEC they would not have the sponsor who would ultimately be responsible for health care if it was needed. So, NA is the right answer here

Thank you! Sending off shortly, wish us luck for a speedy processing time!

 

[profiler]

Thank you! Sending off shortly, wish us luck for a speedy processing time!

Send inland PR + OWP in the same package. Include the receipts from paying online. Send by courier. Then, relax and start planning a landing party..

Ask maria_mirabela to help you -- she's the party kind

Oh, and best of luck!

 

[rasholm]

The implied status in this case is implied as a worker, not defaulting back to a visitor because they are applying for the same kind of permit (work permit). You maintain the status as a worker and can continue to work under the conditions of the original work permit.

From: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=474&top=17

If you applied for another work permit:

You must stay in Canada and meet the conditions of your original work permit. If you applied for a work permit extension before your work permit expired, you can keep working under the same conditions as your existing permit until CIC decides on your application, even if you have applied to extend your stay under another category of temporary resident.

There is no need to stop working. But in this case it won't matter because they will get the new OWP before the IEC one expires in March.

This has been discussed many times before and it is fair to say there are different opinions on implied status and IEC

http://britishexpats.com/forum/immigration-citizenship-canada-33/implied-status-iec-815262/

 

[profiler]

This has been discussed many times before and it is fair to say there are different opinions on implied status and IEC

http://britishexpats.com/forum/immigration-citizenship-canada-33/implied-status-iec-815262/

It's a moot point though -- they are applying today for an OWP, and IEC's work permit ends in March. They will have a OWP in time, therefore no implication of status at all. Temporary Foreign Worker status maintained.

 

[rasholm]

It's a moot point though -- they are applying today for an OWP, and IEC's work permit ends in March. They will have a OWP in time, therefore no implication of status at all. Temporary Foreign Worker status maintained.

in this case it is moot but more generally it is certainly not moot.

 

[polarvolcano]

in this case it is moot but more generally it is certainly not moot.

Ok, that is interesting. But it looks like the issues people are running into are re-entering Canada trying to activate a new permit. This inland OWP avoids this issue. However, you're right - looks like this is more tricky than it appears.

Luckily for the person asking the original question, there is no problem in this case.

 

[mskoalified]

Send inland PR + OWP in the same package. Include the receipts from paying online. Send by courier. Then, relax and start planning a landing party..

Ask maria_mirabela to help you -- she's the party kind

Oh, and best of luck!

Done, done and done!

We're expecting April 5th and it'll be so nice to get the OWP sorted before then!

 

[maria_mirabela]

Done, done and done!

We're expecting April 5th and it'll be so nice to get the OWP sorted before then!

baby shower + landing party !!!!

 

[profiler]

Done, done and done!

We're expecting April 5th and it'll be so nice to get the OWP sorted before then!

Congrats... babies are fun... is it your first? If not, your Aries baby may share a birthday with the crazy profiler..

If you sent the app via courier and they receive it tomorrow (I think I recall your SO has OHIP -- so an Ontarian?), then they have to issue the OWP by March 4th. So it should be sorted in time for the baby fun...