OWP application under LCP got REFUSAL LETTER

[honeysweetie]

Hi to all forumers, just want to ask about the situation of my aunt and uncle. They are both couple LCP to a couple Elderly. My aunt came here first about 6 months earlier than my uncle. So that means my aunt applied OWP/PR last January 2011 but she already included my uncle as her dependants for the PR but doesn't applied for OWP since she only paid RRSP 490x2, PR 550x2 and OWP1x150 and at that time my uncle is not qualified yet. Then after 6 months that was last July 2011 my uncle finished the 24 months requirements to apply for an OWP but here's what CIC responded "This is refers to your application for a work permit. Your application as requested is refused. As a foreign national in canada you are not eligible to apply for a document of this type until you receive confirmation that your application for permanent resident will be processed from within canada" My aunt already received her OWP but with a remarks "PEnding LIC apr". What can we do? His Work PErmit with his current employer is already expired. Is he under implied status now? THanks a lot of your inputs...

[Leon]

With the LIC program, the OWP is a part of the PR application so I don't think your uncle is eligible for OWP unless he applies for PR too at the same time.  At the moment, immigration sees him only as a spouse of a LIC PR applicant and as such, he doesn't qualify for OWP.  As an LIC PR applicant, he would.

If your aunt had realized that, she could have listed him as not accompanying on her application and only paid her own fees and then he would have applied for himself and paid his fees. 

The 2nd thing is that the processing time for first stage approval/OWP for a LIC is about 18 months.  Therefore, he should in any case apply to extend his work permit as a LIC if he wants to stay in Canada.  He is not under implied status unless he has applied for an extension and is waiting.  If he has applied for something and been refused, there is no more implied status.  He should apply to extend his work permit and restore his status but his employer will probably need a new LMO.  If he is not successful, worst case scenario, he can go home but will still get PR when your aunt gets her PR because he is included on her application.

As for her work permit stating "pending LIC apr" I don't know what that means.  Hopefully somebody here who knows more about the LIC program can enlighten us.  If not, she should talk to CIC and ask if the work permit is already valid or what she is supposed to wait for.

[honeysweetie]

With the LIC program, the OWP is a part of the PR application so I don't think your uncle is eligible for OWP unless he applies for PR too at the same time.  At the moment, immigration sees him only as a spouse of a LIC PR applicant and as such, he doesn't qualify for OWP.  As an LIC PR applicant, he would.

If your aunt had realized that, she could have listed him as not accompanying on her application and only paid her own fees and then he would have applied for himself and paid his fees. 

The 2nd thing is that the processing time for first stage approval/OWP for a LIC is about 18 months.  Therefore, he should in any case apply to extend his work permit as a LIC if he wants to stay in Canada.  He is not under implied status unless he has applied for an extension and is waiting.  If he has applied for something and been refused, there is no more implied status.  He should apply to extend his work permit and restore his status but his employer will probably need a new LMO.  If he is not successful, worst case scenario, he can go home but will still get PR when your aunt gets her PR because he is included on her application.

As for her work permit stating "pending LIC apr" I don't know what that means.  Hopefully somebody here who knows more about the LIC program can enlighten us.  If not, she should talk to CIC and ask if the work permit is already valid or what she is supposed to wait for.

Does he really needs a new LMO even he is still working with his current employer?Thank you. This is really a strange scenario. My aunt phoned CIC so many times before she applied her OWP/PR and asking CIC if she will include her husband as dependants even he is too under LCP and they said not only 4 CIC agents responded that yes she can include her husband but don't include on OWP applications since he  is not qualified yet and they also said before that yes he can apply OWP if he will finish the 24 months. If only that we recorded that response from CIC so we can appeal to this refusal.

[Leon]

Does he really needs a new LMO even he is still working with his current employer?Thank you. This is really a strange scenario. My aunt phoned CIC so many times before she applied her OWP/PR and asking CIC if she will include her husband as dependants even he is too under LCP and they said not only 4 CIC agents responded that yes she can include her husband but don't include on OWP applications since he  is not qualified yet and they also said before that yes he can apply OWP if he will finish the 24 months. If only that we recorded that response from CIC so we can appeal to this refusal.

You can go to Service Canada and ask them but generally a new LMO is needed to extend a work permit.

Of course she can include her husband in her PR application but it is not necessarily the best way of doing things in their situation because he qualifies to apply himself and there is the issue with the OWP's.

What they can do now:

1) They could try to talk to an immigration lawyer or appeal themselves.  Maybe there is a loophole somewhere that says he can get an OWP even if he isn't the PR applicant because he also qualifies to apply under LIC but I wouldn't count on it.

2) He could apply for PR now himself and an OWP to be granted when he gets his first stage approval.  This would mean he has to pay the processing fee for his PR and his OWP fee.  He can list his wife as not accompanying on his application because she has already applied and he would therefore not have to pay the PR fees for her.  However, as the processing time for first stage approval is around 18 months and the processing time for PR after first stage is 17 months, since she now has first stage approval from what you say, they will both have PR on her application around the same time he would get his first stage approval and OWP so it might not be worth it for him to apply.

In any case, if he wants to stay, he needs to apply to restore his status and extend his work permit.

[honiko]

Your aunt as the principal applicant should now apply for her husband's OWP as you have said, your aunt have her OWP now so it means she can apply for her spouse's OWP in conjunction with her OWP.

[honeysweetie]

Your aunt as the principal applicant should now apply for her husband's OWP as you have said, your aunt have her OWP now so it means she can apply for her spouse's OWP in conjunction with her OWP.

Thanks but she can't apply in conjunction with her OWP because she is working under LCP (LCP is not under skilled worker category) )):

[honiko]

Hi, how's your aunt's and uncle's situation? I hope they met with a lawyer to fix up their papers.
From personal experience, I got my open work permit last end of november 2011. We applied for my husband's open work permit(my husband is here with a VISITOR's permit at that time...he had a work permit before but LMO was denied so he applied for visitor's permit while waiting for my PR application). He applied for his Open Work Permit in conjunction with my Open Work Permit. In his application I included a letter saying that the spouse is here with an OWP and so we attached a copy of my OWP. He was issued an OWP last January, co terminus with my OWP.

[wsongco]

 @ honiko in you case i believed is that you already received the first stage approval unlike honeysweety's aunt have just submitted application last january 2011. Her owp was LIC pending means not yet approve.

[honeysweetie]

Just an update, my uncle got his OWP already. He went to his MP in Vancouver and showed the refusal letter. And luckily they helped him get his OWP since he met all the requirements considering her wife got her OWP already. It took 5 months before he got response from CIC. Good thing his OWP came before his 90-day allowed restoration of status otherwise he will be in trouble leaving the country.

[honiko]

Just an update, my uncle got his OWP already. He went to his MP in Vancouver and showed the refusal letter. And luckily they helped him get his OWP since he met all the requirements considering her wife got her OWP already. It took 5 months before he got response from CIC. Good thing his OWP came before his 90-day allowed restoration of status otherwise he will be in trouble leaving the country.

That's good news... I was positive that he got OWP because he is eligible to get it.