Sponsorship of parents, children, spouses (common-law, conjugal, same sex), refugees.
OWP Extension and Receipt not Returned
JRDavis Posts: 13
Posted On: 7/18/2015
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Hello,
My wife and I live in Calgary, Alberta.
At the end of April I applied for Inland Spousal Sponsorship, PR and Extension of OWP for my wife. At the time the applications were (all in the same large envelope) filed and received by CIC Mississauga my wife still had Status with her OWP. July 09 we received the Package back from CIC with instructions to correct a mistake in the Dependent section and re-submit. All forms were returned to us for correction except the Extension for OWP application and the receipt for payment of that application
Why would that application not be returned with the rest of the package? The entire package was only stamped by CIC as received on a date before my wife's Status expired.
Since receiving the package back with request to fix and re-submit we have applied online for a Restoration of Visitors Visa. My wife has gone from having Status when we first applied to "Out of Status" by the time the package was opened and the package was returned to us for correction/re-submit.
I have read numerous posts regarding a court ruling and the the manner in which CIC was dismissing incomplete applications as "not officially received". Is there a chance that having our application stamped by CIC as "received" prior to the date my wife's status expired, would in fact allow her to be still in status?
Thanks in advance,
John
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MelM Posts: 226
Posted On: 7/19/2015
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I'm not sure why the OWP extension and receipt were not returned. However you should have applied for an OWP - not an extension to an OWP. When you resubmit the inland application, you should include an OWP application (not an extension).
If your entire inland application was refused, then unfortunately this means CIC is going to treat the application as a brand new application when you resubmit it. The original date it was received won't be considered. The application "received date" will be the date the application is received by CIC the second time.
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JRDavis Posts: 13
Posted On: 7/19/2015
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Mel,
Thanks for the quick reply...much appreciated. The reason we applied for the Extension/Change of Conditions was because the CIC Help Desk said it was the correct application to submit. This made sense at the time because my wife was, at the time, working under and Open Work Permit that was still valid. This application, along with the Inland Spousal Sponsorship were all submitted together in one large envelope. Given that she was already under a OWP that was still in effect, did wwe use the correct form?
Thanks in advance,
John
I'm not sure why the OWP extension and receipt were not returned. However you should have applied for an OWP - not an extension to an OWP. When you resubmit the inland application, you should include an OWP application (not an extension).
If your entire inland application was refused, then unfortunately this means CIC is going to treat the application as a brand new application when you resubmit it. The original date it was received won't be considered. The application "received date" will be the date the application is received by CIC the second time.
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