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Work Permit Delay

track002

Star Member
Oct 16, 2023
89
9
Applied on Feb 12th, 2023 and still waiting... anyone inside Canada whose open-work permit is still in process for 8 months or more? I have no idea what to do or if it's even possible to go for this long.
 

Naturgrl

VIP Member
Apr 5, 2020
44,618
9,419
Applied on Feb 12th, 2023 and still waiting... anyone inside Canada whose open-work permit is still in process for 8 months or more? I have no idea what to do or if it's even possible to go for this long.
How are you eligible for an open work permit? Are you still working?
 

scylla

VIP Member
Jun 8, 2010
95,723
22,025
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
Applied on Feb 12th, 2023 and still waiting... anyone inside Canada whose open-work permit is still in process for 8 months or more? I have no idea what to do or if it's even possible to go for this long.
So you're in Canada as a visitor and have applied for an LMIA-exempt work permit? Or something else? Hard to comment without details.
 
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track002

Star Member
Oct 16, 2023
89
9
How are you eligible for an open work permit? Are you still working?
Been working for 4 years now. Currently on an Implied Status after PGWP expired from Public Policy extension (not the original - original PGWP expired in Aug 2021)
 

scylla

VIP Member
Jun 8, 2010
95,723
22,025
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

track002

Star Member
Oct 16, 2023
89
9
Thanks for the link.

So did you just apply for an open work permit back in Feb before your PGWP expired? The public policy didn't come into effect until April. On what basis did you apply for the open work permit? I don't understand that part of the story.
Correct - applied for open work permit in Feb the 12th, before PGWP expired in March the 21st. I applied for the OPW before the announcement happen, however this link was issued after I applied - I am no longer sure which category I fit in.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/pgwp.html
 

Naturgrl

VIP Member
Apr 5, 2020
44,618
9,419
Correct - applied for open work permit in Feb the 12th, before PGWP expired in March the 21st. I applied for the OPW before the announcement happen, however this link was issued after I applied - I am no longer sure which category I fit in.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/pgwp.html
So how are you eligible if you already had PGWP extension? Your PGWP expired before the dates in the bulletin. Once extended the first time, were you not on an ope work permit.
 

scylla

VIP Member
Jun 8, 2010
95,723
22,025
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
Correct - applied for open work permit in Feb the 12th, before PGWP expired in March the 21st. I applied for the OPW before the announcement happen, however this link was issued after I applied - I am no longer sure which category I fit in.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/pgwp.html
Right. But if you applied for the OWP in Feb, the OWP can't be processed under the public policy. The earliest the OWP application could have been submitted to be processed under this public policy is April 6th. So from my perspective, the OWP application you submitted has no chance of being approved since you essentially submitted an OWP application without meeting any requirements to qualify for one. The OWP was never going to be approved. Once the public policy was announced, you should have withdrawn the OWP application that never had any chance of being approved and then submitted a restoration application along with a new OWP application. That's what I would have done. You submitted your OWP application outside of the dates of the public policy. So you can't expect it to be processed under the public policy.
 
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track002

Star Member
Oct 16, 2023
89
9
So how are you eligible if you already had PGWP extension? Your PGWP expired before the dates in the bulletin. Once extended the first time, were you not on an ope work permit.
A new temporary public policy came into effect on April 6, 2023, and will expire on December 31, 2023. Under this public policy, PGWP holders whose permit expired or will expire between September 20, 2021, and December 31, 2023, will be able to maintain or restore their legal status and obtain an open work permit while in Canada to support themselves and fill labour market needs in Canada.

I had two types of PGWP - 1. Original (after graduation) and 2. Extended (thru public policy)

The dates that I've highlighted above, are they for Original PGWP or Extended PGWP thru public policy in 2021?
 

Naturgrl

VIP Member
Apr 5, 2020
44,618
9,419
A new temporary public policy came into effect on April 6, 2023, and will expire on December 31, 2023. Under this public policy, PGWP holders whose permit expired or will expire between September 20, 2021, and December 31, 2023, will be able to maintain or restore their legal status and obtain an open work permit while in Canada to support themselves and fill labour market needs in Canada.

I had two types of PGWP - 1. Original (after graduation) and 2. Extended (thru public policy)

The dates that I've highlighted above, are they for Original PGWP or Extended PGWP thru public policy in 2021?
Your PGWP expired before this policy came into place.
 

track002

Star Member
Oct 16, 2023
89
9
Right. But if you applied for the OWP in Feb, the OWP can't be processed under the public policy. The earliest the OWP application could have been submitted to be processed under this public policy is April 6th. So from my perspective, the OWP application you submitted has no chance of being approved since you essentially submitted an OWP application without meeting any requirements to qualify for one. The OWP was never going to be approved. Once the public policy was announced, you should have withdrawn the OWP application that never had any chance of being approved and then submitted a restoration application along with a new OWP application. That's what I would have done. You submitted your OWP application outside of the dates of the public policy. So you can't expect it to be processed under the public policy.
But I already paid the application fees. Could I claim a refund?