Work Permit Denied (Same envelope as sponsorship app!)

[cdarroch]

Hello!
Our inland app was received February 5th. We did "all the right things", sending a TRV renewal (OWP), sponsorship, and permanent residency applications in the same envelope to CPC-V.
We received a letter today, dated March 13th, stating that the WORK PERMIT application was denied because it had to be made OUTSIDE of Canada. It also states that my fiancee's temporary status ended on March 12th and that she now needs to apply for restoration.

What can we do? How do I get ahold of a real person at CIC? We sent a letter asking for the applications to be processed at the appropriate time, but they didn't! I thought applying this way was supposed to be "correct"??

PLEASE, HELP!!! thanks in advance....

 

[pending]

Re: Work Permit Denied???

Were you denyed sponsorship as well?? I am surprised you heard back from them so fast if you only applied in February. Sometimes getting through to them on the phone is dificult. I find if you listen to the recording for a while (exaplme press 1 and numbers to narrow down your search you do get through) If you just automaticlly press zero it always says they are all busy.

Did you accidently apply for outland sponsorship from inland???

 

[cdarroch]

Re: Work Permit Denied???

Were you denyed sponsorship as well?? I am surprised you heard back from them so fast if you only applied in February. Sometimes getting through to them on the phone is dificult. I find if you listen to the recording for a while (exaplme press 1 and numbers to narrow down your search you do get through) If you just automaticlly press zero it always says they are all busy.

Did you accidently apply for outland sponsorship from inland???

There was no reference to the sponsorship application at all - I guess that's a good thing, but now she's out-of-status... bad news, right? I just checked our forms and they are the correct ones.

 

[pending]

I would try contacting them. I would assume it is good that there was no mention of the sponsorship. I guess you have to do what they say and restore her status i.e. you can apply to extend her vistor visa.

Call them and see, hopefully you will get somebody good on the phone that can help you.

I am curious to hear if this has happened to anyone else. Can I ask where your wife is orignally from. I bellieve that the correct way of doing this (which I assuem you did) was to send in the Application to Sponsor along with the Application for PR. If they have a vistors visa you could apply for a work permit (Form to change or extend condition of stay) and they you would have implied status until you heard from them. I just find it odd that the opened your application and refused her so soon. I sent in mine in Sept and have not heard a thing yet.

 

[matthewc]

Sounds like a mistake. I'm guessing what happened is they opened up the package, and processed the work permit application without realising it was a PR + OWP combination. I suggest you call the call centre and verify if they actually put the PR application into the system.

I'm not sure if they can correct that now they made a decision on the work permit - the decision they made was completely valid; what usually happens is they simply delay making a decision until first stage approval, because at that point they can approve the work permit.

Your main concern should be ensuring they have actually correctly started processing the PR application.

If they can't correct the refusal of this OWP, once the PR application is on file, you can always send in a new OWP application to be linked to the PR app, together with the fee to restore status.

 

[cdarroch]

Thanks everyone, we are on the phone with an agent right now... will let you know what they say!

quick - any important questions we can ask for you while we've got them???

 

[cdarroch]

Well, they've lost it. Lost everything (except for the cash - they still managed to find that!). We have been advised to send photocopies and a letter of explanation, and I guess we can only hope they find the old application (with its original police certificates, documents notarized abroad, etc), that they don't lose this one, and that they don't refuse it based on the fact that none of the documents are now original, and that she (Panamanian btw) is now out of status (we were not told to restore).

And I guess we start the waiting game again...

I do fail to see, however, how they opened up the envelope and lost everything except for the complete extension/OWP application, and the receipt for $700. Incredible...

 

[pending]

All though frustrating this is a relief for you I am sure!!!!

Best of luck!!! Hopefully if you put your Client ID and letter explaining what happened they will backdate it to the day you orignally filed. Wouldn't be fare to start all over.

Best of luck!!!!

 

[cdarroch]

All though frustrating this is a relief for you I am sure!!!!

Best of luck!!! Hopefully if you put your Client ID and letter explaining what happened they will backdate it to the day you orignally filed. Wouldn't be fare to start all over.

Best of luck!!!!

Yeah... I just hope it works! She had to be physically present to get her police certificate last time, and that's not possible now...
Here's the letter we're sending:

CASE PROCESSING CENTRE
6212 55th Avenue
Vegreville, Alberta
Canada T9C 1W5

REGARDING: Processing mixup in case (CLIENT # 62010903)






Dear Sir or Madam,

This letter and the enclosed photocopied applications have been sent to you in response to an error in processing the original applications.

The package originally sent included a complete application for me, xxxx (Canadian citizen with passport number xxxx), to sponsor my commonlaw partner, xxxx (Panamanian citizen with ID card xxxx), for permanent residency in Canada. Also included was the complete Permanent Residency application itself, along with a large volume of evidence attesting to the validity of our relationship and several original documents obtained abroad (for example, a police certificate and various notarized letters and leases). Included, as well, was an application to extend stay/change conditions for xxxx, who was on TRV status at the time. We also included a receipt for the payment of $700 in fees for the three applications (copy enclosed - #Rxxxx), and a letter requesting that CIC process each application as it became applicable to do so.

All of these things were sent in the same envelope via Expresspost, tracking number xxxx, received at CPC Vegreville February 5th, 2010 by “xxxx”. Signature: (copy and paste of electronic signature here)

We received a letter this morning (letter dated March 13th, 2010) referencing the aforementioned client number which states that xxxx's application for a Work Permit has been refused due to ineligibility, and that her legal status in Canada has now expired (as of March 12th, 2010). There is no mention of the Sponsorship or Permanent Residency in this letter (a copy of which is enclosed for your reference).

We called CIC Call Centre right away. On March 24th, 2010, at approximately 12:30pm, we spoke with Ms. xxxx, #xxxx. She was very kind and helpful, and tried to find our applications in the CIC system, using our client number, the IMM5401 receipt number, and the Canada Post tracking number. Ms. xxxx was unable to find any information in the CIC system regarding these applications, and suggested that they may have been misplaced inside CPC-Vegreville, separating and thereby dissociating the Sponsorship/Permanent Residency and Extend/Change Conditions Of Stay, which would of course cause the latter application to be denied.

Her recommendation to us was to photocopy everything we had sent in our original set of applications (since we are no longer in possession of the original documents that were sent to CPC-Vegreville), along with copies of our original postal receipts, payment receipts, and this letter of explanation, to CPC-Vegreville again, in the hopes that you'll be able to use it to find our original application and place it into its appropriate spot in the queue. We have followed this recommendation by submitting this package to you.

We know your are very busy helping people like us, and we very much appreciate your consideration and prompt assistance in what is already a long and stressful process. Should you require any further information or assistance, please do not hesitate to contact us by telephone, email, or post at the following numbers and addresses:

XXXX

We thank you very much for your time and will look forward to further communication with you during the application process.

Warm regards,

XXXX XXXX

March 24th, 2010




One can only hope, at this point... good luck to us and to everyone else!!

 

[matthewc]

I don't think you can do any more than that at this stage. The only addition I might suggest would be to write something like "As requested - complete copy of missing application - client ID XXXX-XXXX" on the outside of the envelope. That might just get it opened ahead of the usual wait.

CIC make mistakes fairly often. They decided I was out of status when I wasn't (although obviously that's not as serious as losing your entire appliation). Good luck.

Matthew

 

[cdarroch]

I don't think you can do any more than that at this stage. The only addition I might suggest would be to write something like "As requested - complete copy of missing application - client ID XXXX-XXXX" on the outside of the envelope. That might just get it opened ahead of the usual wait.

CIC make mistakes fairly often. They decided I was out of status when I wasn't (although obviously that's not as serious as losing your entire appliation). Good luck.

Matthew

That's a great idea - thanks, I'll do that! Good luck to you

 

[cdarroch]

So, according to section 5.27 of IP-8, (http://www.cic.gc.ca/EnGLIsh/resources/manuals/ip/ip08-eng.pdf) it looks like she doesn't need to apply for a restoration of status, right? She was still legal when her application was received, and the application to extend/change was there...

any thoughts?

thanks so much...

 

[cdarroch]

We have just been informed by CIC that we have no recourse, she is illegal in the country and that's that. We must restore status (IF, and it sounded like a bit IF) they permit that. Good luck, they'll probably screw it up again. Looks like we'll be job-hunting abroad, after wasting months of time and thousands of dollars. CIC - ruining people's lives since 1867.

 

[matthewc]

It's frustrating, but I wouldn't throw in the towel just yet. I presume what you are quoting from CIC, was from one of the call centre agents. Anything you get from them is best taken with a pinch of salt, although I believe they are correct that, at the moment, she lacks status. That doesn't mean they won't fix this though, if they actually realise the mistake that was made.

There are three possible scenarios now, I can see:

1. They locate the PR application, and reverse the decision on the OWP. Then (when the time comes) they process the OWP and PR applications as you had initially intended. This would be the best outcome.

2. They locate the PR application, but because they already made the decision on the OWP, that decision stands. If this happens, you file an application for restoration of status plus a new OWP. The spousal public policy means she won't be removed from Canada, and they will process the PR application and grant her OWP in due course, even if they do not restore her legal status. To some extent, the PR application gives her some protection from the consequences of being out of status.

3. They don't find the PR application. Even if this happens, all is not lost, as you are sending in a complete copy - there is a possibility they could accept that instead. The police certificates might be an issue, but wait and see.

Personally, my bet is that 2 will be what happens, but for now take a deep breath and wait for them to get your letter. Hopefully they will resolve it.

 

[cdarroch]

It's frustrating, but I wouldn't throw in the towel just yet. I presume what you are quoting from CIC, was from one of the call centre agents. Anything you get from them is best taken with a pinch of salt, although I believe they are correct that, at the moment, she lacks status. That doesn't mean they won't fix this though, if they actually realise the mistake that was made.

There are three possible scenarios now, I can see:

1. They locate the PR application, and reverse the decision on the OWP. Then (when the time comes) they process the OWP and PR applications as you had initially intended. This would be the best outcome.

2. They locate the PR application, but because they already made the decision on the OWP, that decision stands. If this happens, you file an application for restoration of status plus a new OWP. The spousal public policy means she won't be removed from Canada, and they will process the PR application and grant her OWP in due course, even if they do not restore her legal status. To some extent, the PR application gives her some protection from the consequences of being out of status.

3. They don't find the PR application. Even if this happens, all is not lost, as you are sending in a complete copy - there is a possibility they could accept that instead. The police certificates might be an issue, but wait and see.

Personally, my bet is that 2 will be what happens, but for now take a deep breath and wait for them to get your letter. Hopefully they will resolve it.

I suppose you're right - thanks for the positive vibes, we need it

Your #2 sounds most likely to me, too. It's all very disheartening... we spent -months- putting together a perfect, bulletproof application, and they lose it (except for the one piece that doesn't matter).

Oh well... got to think positive. Thanks for the encouragement We'll keep you posted on our progress!