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Sponsorship of parents, children, spouses (common-law, conjugal, same sex), refugees.

CIC - Open Work Permit while waiting for PR 

iggy
iggy
Posts: 1


Posted On: 5/11/2016
iggy
iggy
Posts: 1
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.
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Moderator
Moderator
Moderator
Posts: 4049


Posted On: 5/12/2016
Moderator
Moderator
Moderator
Posts: 4049
Hello,

Thank you for sharing your situation and question in such detail.

We can appreciate that you would like to know the status of your work permit.

From what you have shared, it sounds like they believe that you did not have a valid temporary status at the time based on their response:

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.


Unfortunately, it is difficult for us to provide definitive information regarding this situation.

You may want to try and contact the IRCC to see if they can provide some additional information or an explanation regarding this issue.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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AndrewSeaholme
AndrewSeaholme
Posts: 2


Posted On: 11/20/2017
AndrewSeaholme
AndrewSeaholme
Posts: 2
Hey curious as to weather i apply for a open work permit (international experience canda) while I wait for the PR applcation to be completed. My partner and I live in Australia now but she can't stay after Feb????
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Moderator
Moderator
Moderator
Posts: 4049


Posted On: 12/7/2017
Moderator
Moderator
Moderator
Posts: 4049
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in this type of information.

Unfortunately, we are unable to provide a definitive response regarding this type of immigration application process question.

It is best that you contact a Lawyer or a reputable and registered Immigration Consultant who is familiar with Canadian immigration issues so that they can provide you with some advice specific to your situation.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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PMM
PMM
Posts: 661


Posted On: 12/7/2017
PMM
PMM
Posts: 661
Hi

AndrewSeaholme wrote:
Hey curious as to weather i apply for a open work permit (international experience canda) while I wait for the PR applcation to be completed. My partner and I live in Australia now but she can't stay after Feb????


1. There is nothing stopping your from applying for an IEC open work permit if you are eligible

"

Note: As an Australian citizen, you may participate in the Working Holiday category only once. If you meet the eligibility criteria, you may participate in IEC one more time through the International Co-op (Internship) category.
Exception: If you participated in IEC one or more times before 2015, you might be eligible for a final participation of up to 24 months in the category of your choice.

To be eligible for the Working Holiday category, you must:
  • be an Australian citizen,
  • have a valid Australian passport for the duration of your stay in Canada—your work permit in Canada will not be longer than the validity of your passport,
  • be between the ages of 18 and 30 (inclusive),
  • have a minimum of CAN$2,500 to help cover your expenses in Canada,
  • have health insurance for the duration of your stay—you may have to present evidence of this insurance when you enter Canada,
  • be admissible to Canada,
  • have, before departure, a round-trip ticket or demonstrate that you will have the financial resources to purchase a departure ticket at the end of your authorized stay in Canada,
  • not be accompanied by dependents, and
  • pay the fees.
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Neva
Neva
Posts: 2


Posted On: 12/3/2023
Neva
Neva
Posts: 2
Hello,

I am an accepted refugee and I have just applied for my PR and the application is being processed. I still have about one year of valid open work permit.
For convention refugees, how do we extend our work permit? Is there a fee and do we need to go through the medical exam and biometrics? The initial open work permit I got was free, so I am not sure if there's a fee I need to pay for the extension.

Thank you for your reply.
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Moderator
Moderator
Moderator
Posts: 4049


Posted On: 12/12/2023
Moderator
Moderator
Moderator
Posts: 4049
Hi there,

Thank you for sharing your question and situation with us.

According to the IRCC guide, Extend or change the conditions on your work permit:

Fees for open work permits:
If you’re applying for an open work permit, make sure you pay both fees:
  • work permit fee ($155)
  • open work permit holder fee ($100)

The section "How to Apply" will have all the details on this application process. Before you apply, make sure your employer has completed all the required steps. You will also need to book your biometrics collection appointment as soon as you can to avoid processing delays. Find out how to give biometrics.


We hope this information is helpful, if you have any further questions please follow up with us.

Sincerely,

Your Settlement.Org team
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