5/11/2016
Topic:
CIC - Open Work Permit while waiting for PR
iggy
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Hello - I have had a number of inquiries to CIC but I cannot determine how to proceed.
We applied for PR (sponsorship by spouse) and Open Work Permit at the same time.
CIC offers Open Work Permit while waiting for PR (this is a pilot test program for 2015 and 2016).
We applied more than 10 months ago and the Open Work Permit was supposed to be sent within 3 months.
We haven't heard back so we sent two inquiries and these were their responses (below).
Can you please advise what we should do in order to receive the open work permit?
Thank you in Advance and sorry for the lengthy post!
Enquiry 1:
Hi, I have submitted an application for an open work permit in combination with an application for a PR application under the common law-sponsorship category last July. I have been waiting for the open work permit for almost ten month now and all I have heard back from CIC is that they have received the application (File Number stated above). Considering the information about the new pilot program I should have received the open work permit already. I would appreciate your time to give me some more information about the status of my application. I attached the open work permit application and the receipts of payment. Thanks
Reply:
Thank you for contacting Immigration, Refugees and Citizenship Canada (IRCC).We verified the information you provided. Unfortunately, you are not eligible to be issued an open work permit at this time, since you did not have a valid temporary resident status when we received your work permit application. Once your file is approved in principle, your work permit will be sent to you.
Enquiry 2:
Hello. We would like to clarify your response to our original enquiry in regards to the open work permit in combination with application for sponsorship of common-law partner. Original inquiry attached in pdf. Response attached in pdf format and below. Receipts attached. Your response:"Thank you for contacting Immigration, Refugees and Citizenship Canada (IRCC). We verified the information you provided. Unfortunately, you are not eligible to be issued an open work permit at this time, since you did not have a valid temporary resident status when we received your work permit application. Once your file is approved in principle, your work permit will be sent to you." Our new enquiry: Can you clarify your statement - "once your file is approved" - does this mean the visitor visa / temporary resident application file? Do we need to extend his visitor visa in order to get the open work permit? Thank you in advance
Reply:
Thank you for contacting Immigration, Refugees and Citizenship Canada (IRCC).
Maintaining a legal status during the process of a permanent residence application inside Canada
When you are in Canada, you must keep a legal temporary status until you become a permanent resident. If you do not, you could be removed from Canada. If an immigration document was issued (work permit, study permit, visitor record or temporary resident permit (TRP)) or a stamp was affixed in your passport, it indicates until what date you can stay in Canada.
In order to maintain a legal status in Canada until you become a permanent resident, you can apply to extend your status as a visitor, student, worker or TRP holder. You must do it before your current status expires. You may have to extend your status more than once during the process of your permanent residence application.
For more information, please consult the instructions about maintaining a legal status or extending a stay inside Canada provided in the Instructions Guide in the permanent residence application.
It is not possible to restore your status (get your previous status back) if more than 90 days have passed since the expiry of your visitor status.
Public Policy
For more information on the Public Policy under 25(1) of IRPA to facilitate processing in accordance with the regulations of the Spouse or Common-law Partner in Canada Class, please consult the Operational Manual - Inland Processing (IP 8) - Appendix A.
What is Approval in Principle
The approval in principle means that you received a letter from the Case Processing Centre or the local office stating that you are eligible to apply for permanent resident status but that a final decision will not be made until all requirements for becoming a permanent resident have been met. These requirements include medical, security and background verifications for you and, if applicable, your *family members.
To know how long it may take to process your application, please visit our Web site.
*A family member is a spouse, common-law partner, dependent child or dependent child of a dependent child. |