open work permit

[deepsky]

hello I dont have legal temporary status in canada right now however I m married an my wife is canadian. we are about to send our papers to the immigration office. I was told that eventhough if you dont have a legal status in canada you are still eligible to apply for immigration unless you are married.. i m planning to apply for work permit and send my application to the immigration office with my spouse application at the same time
what i want to know is am I still eligible to apply for work permit or should I just wait till I get my approval from immigration office. it will cost me extra $150 to apply for open work permit. some people say no matter what apply for it because it would take some time anyways and I dont want to waste my time ... I know that if you have no status in canada you may not get your approval but I m married if I m eligible to apply for immigration can I send my work permit application at the same time

thank you
[/quote]

[Jurjen]

I was told that...

People tell a lot of things, but a lot of people don't know a lot about it. Usually they've been told as well, and those people too. Remember that whispering game in primary school in which the outcome was totally different from what the first person started with? It's kind of like that.

So start reading the guides on the CIC website. They're not very happy with people that don't follow rules and just go out of status (read: staying illegally). Restore your status first, then apply. If you'll be about to lose your status again, it'll be easier to request extention. Like that you can stay in Canada with your loved one and wait for your OWP (open work permit) that comes with an inland first stage approval (but, yes, you need to send the application for that with the 150$).

[deepsky]

thank you for your reply. I know that people tell things a lot which may mislead you however I don t really care what they tell. I just want to make sure that I m filling up the right work permit form. It took longer than we expected to prepare all the necessary documents. I know that they will not be happy so it is better to wait till to get first stage approval then apply it.

what if I want to apply for work permit whether they accept it or not at least they will have that application form in advance in my file.

[adzees]

You can apply for Permanent Residence Application even with no status, but you are not eligible to get a work permit even after first stage approval if you are out of status in Canada.
So doesn't matter you apply for work permit separately or attach with your permanent resident application. CIC will not approve your work permit application unless you acquire the status first before applying for Permanent Residency.

[deepsky]

so I better wait then . I could not find any information about this matter on citizenship and immigration canada website. do you know where I can get more information about this issue

[j2m]

How long have you overstayed? If you are within 90 days the following may apply:
http://www.cic.gc.ca/english/information/applications/guides/5553E4.asp

[deepsky]

unfortunately it has been more than that. I hope this wont effect my immigration application

[deepsky]

one last question. because I am married with a canadian citizen. there will be any privilege rights in this circumtances?

[adzees]

hope this will help

According to my reading of the Regulations, the call centre Agent is correct.  Here are the Regs that apply in your case:

Applicants in Canada

207. A work permit may be issued under section 200 to a foreign national in Canada who
(a) is a member of the live-in caregiver class set out in Division 3 of Part 6 and meets the requirements of section 113;
(b) is a member of the spouse or common-law partner in Canada class set out in Division 2 of Part 7;
(c) is a protected person within the meaning of subsection 95(2) of the Act;
(d) has applied to become a permanent resident and the Minister has granted them an exemption under subsection 25(1), 25.1(1) or 25.2(1) of the Act; or
(e) is a family member of a person described in any of paragraphs (a) to (d).

According to (b) you must meet the eligibility outlined in Part 7 Division 2 of the Regs.  Here's what that one says:

124. A foreign national is a member of the spouse or common-law partner in Canada class if they
(a) are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada;
(b) have temporary resident status in Canada; and
(c) are the subject of a sponsorship application.

So according to the (b) part of R124, since you don't have status in Canada, the (b) part of R207 does NOT apply to you.  Sorry.

[deepsky]

thank you for your help

[adzees]

one last question. because I am married with a canadian citizen. there will be any privilege rights in this circumtances?

Do you mean in getting work permit, or with your application for permanent residency.

For Work permit.. the answer is No

For permanent residency -- If IO believes that your relation ship is not genuine or you only married to the sponsor to get the permanent Resident status in Canada.. They can reject, and their is no right to appeal when you apply under in-Canada class.  Make sure you sent enough proof, and supporting documents with your application. But there are no special rights or privileges if you are married to a Canadian Citizen or Permanent resident.

[deepsky]

Immigration Applications for Persons in Canada

which one should I pay ?


 Spouse and Common Law Partner In Canada Class or Family Class

[adzees]

If you are planning to send your application to vegreville.
go to this link http://www.cic.gc.ca/english/information/applications/spouse.asp

[j2m]

Deepsky:
See the following link and download the 'IP 8" it will answer your questions. http://www.cic.gc.ca/English/resources/manuals/ip/ip08-eng.pdf

I am pasting an excerpt from the IP8. It states that you can apply for permanent residence without current status.
I would highly recommend staying in Canada until the process is complete, you will likely have a problem getting back into with the lapse in your status


IP 8 Spouse or Common-law partner in Canada Class
Appendix   H—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
1. Purpose
The Minister has established a public policy under subsection 25(1) of the Immigration and Refugee Protection Act (IRPA), setting the criteria under which spouses and common-law partners of Canadian citizens and permanent residents in Canada who do not have legal immigration status will be assessed for permanent residence. The objective of this policy is to facilitate family reunification and facilitate processing in cases where spouses and common-law partners are already living together in Canada.
2. Acts and Regulations
IRPA subsections 21(1) (relating to status only) and 25(1); IRP Regulations subsections 124(b) and 72(1)(e)(i) (relating to status only).
3. Policy
CIC is committed to family reunification and facilitating processing in cases of genuine spouses and common-law partners already living together in Canada. CIC is also committed to preventing the hardship resulting from the separation of spouses and common-law partners together in Canada, where possible.
This means that spouses or common-law partners in Canada, regardless of their immigration status, are now able to apply for permanent residence from within Canada in accordance with the same criteria as members of the Spouse or Common-law Partner in Canada class. This facilitative policy applies only to relationships in which undertakings of support have been submitted.

[deepsky]

thank you guys.

I will pay my fees online and I have selected to send my application to alberta

Spouse and Common Law Partner In Canada Class

Sponsorship application (per application) (1) $ 75

Principal applicant (1) $475

these are the sections I must click

right?