Working Permit For Spouse Taking Long to Receive

[vicbraca]

Hello,

Me and my husband applied for sponsorship application back in the end of January, the 26th to be exact. Online it said we could have him apply for work visa as well and he could work while waiting for permanent residence. So we did this and sent the sponsorship and work permit applications. It says on the immigration website that is takes approximately 3 months to get an answer. Well, its been more than 3 months and nothing. On top of that my husband will no longer be legal with his student permit in 3 weeks. It also said on the website that we did not have to do any extensions if we already applied because were pretty much in the system as applicants for other things in process. We do not know what to do next. We sent an enquiry to see if we can get answers but it is pretty frustrating. We even tried to "link" our application on the website and nothing was found. Does anyone know whats going on?


Thank you

 

[volkov]

I will look for the link, but I believe I saw something that said that you are legally on implied status as far as being allowed to stay since your PR application was received by CIC, as long as the PR application was sent in while he was legally here

 

[Decoy24601]

I will look for the link, but I believe I saw something that said that you are legally on implied status as far as being allowed to stay since your PR application was received by CIC, as long as the PR application was sent in while he was legally here

Not true, it's the OWP application that gives you implied status. If they sent in an OWP application with their inland PR application they are on implied status from the OWP (unless the OWP application is returned). The OWP can take up to about 5 months to receive from what I've seen on here.

PR applications themselves don't give implied status.

 

[vicbraca]

Okay so, that means that he's going to be illegal for other 2 months, what if it takes more than 5 months? Should he go back to his country and when i get the papers mail them to him? what if police don't allow him to enter the country because he didn't wait here?

 

[Decoy24601]

Okay so, that means that he's going to be illegal for other 2 months, what if it takes more than 5 months? Should he go back to his country and when i get the papers mail them to him? what if police don't allow him to enter the country because he didn't wait here?

He applied for an Open Work Permit along with the PR application, right? If so, he is under implied status, so he won't be illegal. He will be under implied status until a decision is reached on the OWP application (when it's issued to him).

If you have an inland application in process then it's recommended not to leave the country. If he's ever denied entry back into Canada it will invalidate his application.

Just to be sure, you submitted an inland application?

 

[vicbraca]

Understood but, what I'm concern about is okay lets say he's driving or whatever and the police stopped him and he's asking for papers then what should we do? explain our situation even tho we don't have any papers to prove it other than the receipts of the payments. Sorry this is the worst scenario that i can think about and also because I'm scared.

 

[vicbraca]

Yes inland application sorry i didn't real all you replied.

 

[Decoy24601]

Keep receipts of payment for the PR and OWP applications. I've never heard of someone being asked for immigration documents while being pulled over.. If you're ever asked about your status by a government official just use what proof you have. Any correspondence you get from either application will add to that too.

I'd wait another month or two to start worrying about the OWP. It hasn't been 4 months yet and I haven't seen many get processed in under that. It could also take another couple weeks or so to get to you by mail.

 

[CDNPR2014]

Understood but, what I'm concern about is okay lets say he's driving or whatever and the police stopped him and he's asking for papers then what should we do? explain our situation even tho we don't have any papers to prove it other than the receipts of the payments. Sorry this is the worst scenario that i can think about and also because I'm scared.

police are not going to ask you for immigration papers if pulled over for a traffic violation. they don't care about someone's immigration status, they care about their driving. the police will be looking for current/legal license/registration/insurance, not immigration status. the agencies that cares about illegal status is CIC and CBSA. they do not share records or information with local police unless there is a criminal reason to. relax. this is certainly not something you need to be concerned about. he has implied status and is technically not considered "illegal" yet. getting denied the OWP will make his status illegal. if he was in status when the application was sent and is on implied status, there is a slim chance of that happening.

 

[Aquakitty]

police are not going to ask you for immigration papers if pulled over for a traffic violation. they don't care about someone's immigration status, they care about their driving. the police will be looking for current/legal license/registration/insurance, not immigration status. the agencies that cares about illegal status is CIC and CBSA. they do not share records or information with local police unless there is a criminal reason to. relax. this is certainly not something you need to be concerned about. he has implied status and is technically not considered "illegal" yet. getting denied the OWP will make his status illegal. if he was in status when the application was sent and is on implied status, there is a slim chance of that happening.

Unfortunately that's not necessarily true either. If they see he has an out-of-country license they might very well ask how long he's been here.

However, they can find out his status, so as long as the WP shows up in the system it wouldn't be a problem. This is a worst-case scenario here.

To the OP, you need to phone the call centre and ask if his WP application is in the system. If it is, then he's fine.
If you can't get through, keep trying. Morning or early afternoon seem to be the best times.

 

[mcharade]

Whenever you paid for the OWP and PR application they sent an electronic receipt to the email you provided. Those receipts will be his proof of implied status once his visa runs out. He can show those to any police officer that asks about his status (which is already unlikely) and they will accept this as his proof.

So, if you sent his PR application and OWP application at the same time, he will have implied status until a decision is made (like the others said) and those receipts are the proof. But honestly, you shouldn't worry much, most police aren't ever going to ask about status.