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Received AOR but work visa expired, still able to apply for OWP without status?

kyeno1

Full Member
Mar 12, 2017
37
0
As said in title, my closed work visa for my employer expired in May. I've not been working since then and employer is waiting for me to get my visa again so I can go back to work. I've received my AOR, currently in canada with my spouse waiting to work again. I'm trying to apply now for my OWP but when it asks me when my status expires, if I put that it expired back in May it says I cannot apply for OWP and have to leave the country. Need to get back to work asap, how to go about this?

From what I've read on the application, I can still apply under a Public Policy which states "a person without temporary resident status can be sponsored as a spouse or common-law partner in Canada only if they are inadmissible because they: -overstayed a visa, visitor record, work or student permit;" So how do I go about the OWP application? Do I use an expiry date in the future?
 
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Ponga

VIP Member
Oct 22, 2013
10,140
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Job Offer........
Pre-Assessed..
As said in title, my closed work visa for my employer expired in May. I've not been working since then and employer is waiting for me to get my visa again so I can go back to work. I've received my AOR, currently in canada with my spouse waiting to work again. I'm trying to apply now for my OWP but when it asks me when my status expires, if I put that it expired back in May it says I cannot apply for OWP and have to leave the country. Need to get back to work asap, how to go about this?

From what I've read on the application, I can still apply under a Public Policy which states "a person without temporary resident status can be sponsored as a spouse or common-law partner in Canada only if they are inadmissible because they: -overstayed a visa, visitor record, work or student permit;" So how do I go about the OWP application? Do I use an expiry date in the future?
No. Without legal status (including Maintained Status) you are not eligible for the OWP. Once you have AIP, you can apply, but...you may be close to the end of the process and should consider if the $255 fee is worth it to you.

You are correct that a person without status can apply for spousal sponsorship, because of a Public Policy that is in place an Inland applicant. That does not apply to a PR applicant, without status, that now wants an OWP.
 
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kyeno1

Full Member
Mar 12, 2017
37
0
Thanks for the reply. What is the AIP? I've received requests for biometrics and medical examination, which I am completing this week.
 

Ponga

VIP Member
Oct 22, 2013
10,140
1,321
Job Offer........
Pre-Assessed..
Thanks for the reply. What is the AIP? I've received requests for biometrics and medical examination, which I am completing this week.
AIP is: Approval in Principle. It means that a sponsor has been approved (most important part of the process) and they sponsorship applicant is now eligible to apply for sponsorship (which you already have, obviously). I never really understood the language that they use, but...it's a good sign.

You may in fact be nearing the end of the process, so the OWP may be a moot issue for you very soon. Don't be surprised if you're already at that stage, just never received the official email. It happens.

If you do get the AIP, you'll need to decide if it's worth the extra money for the OWP, since it could actually arrive AFTER your PR has been approved! LOL!

Good luck!
 

kyeno1

Full Member
Mar 12, 2017
37
0
My wife (sponsor) did receive an email past couple days that said she was found eligible to sponsor me. Exact wording at the start of the document she received stated "You have met the requirements for eligibility as a sponsor. The Application for Permanent
Residence (APR) for your relative will be processed separately and he/she will be contacted
shortly."

But I didn't see AIP or approval in principle anywhere in the letter.

Would this be the AIP then? Thanks so much for the help, much anxiety over here.
 
Last edited:

Ponga

VIP Member
Oct 22, 2013
10,140
1,321
Job Offer........
Pre-Assessed..
My wife (sponsor) did receive an email past couple days that said she was found eligible to sponsor me. Exact wording at the start of the document she received stated "You have met the requirements for eligibility as a sponsor. The Application for Permanent
Residence (APR) for your relative will be processed separately and he/she will be contacted
shortly."

But I didn't see AIP or approval in principle anywhere in the letter.

Would this be the AIP then? Thanks so much for the help, much anxiety over here.
No, that is the Sponsor Approval (only) letter which, again, is the first of two major pieces of the puzzle.

Here's an example of what the AIP letter looks like:


This letter acknowledges receipt of your application for permanent resident status in Canada.
It has been determined that you meet the eligibility requirements to apply for permanent resident status as a member of the
Spouse or common-law partner in Canada Class.
However, a final decision will not be made until all remaining
requirements for becoming a permanent resident have been met. These requirements include medical, security and
background checks for you and if applicable, all of your family members, both in Canada and abroad even if they are not
applying to join you in Canada at this time. You cannot become a permanent resident until you and all your family
members have met these requirements.

If you are not already in possession of a valid work permit or you have a work permit but wish to work elsewhere, or do
not possess a valid study permit and you wish to attend school for more than six months, you may apply for either or both.
If you wish to apply for a study permit, be sure to include a letter from the educational institution you plan to attend. The
letter should outline the type of course or program you are registered for, the start date and the expected completion date.
Please contact the Immigration Call Centre in your area to request an application kit.

The client number shown in the upper right corner of this letter is your personal identification number. This number
provides access to information on your file. For your own protection, you should not allow any other person to use this
number. If sending correspondence to Citizenship and Immigration Canada, please include your personal identification
number. Failure to include this number could result in the return of your correspondence unanswered. If you require
further assistance, please telephone your local Call Centre at 1-888-242-2100 and be prepared to quote your client number
and your date of birth. General information and application kits may also be obtained through our Internet web-site at
http://www.cic.gc.ca.

Yours truly,
C&I Officer
Citizenship & Immigration Canada
55 Bay Street North
Hamilton, Ontario L8R 3P7
---

The part in green means that your sponsor has been approved, which is ultimately what makes you eligible for Spousal Sponsorship. Some believe that this also means that your relationship with your sponsor has been assessed, leaving only your background (and security), as well as medical to be completed. It really does mean that you're likely close to the finish line, as long as nothing is found in the aforementioned remaining checks.
 

rpc04

Newbie
Nov 8, 2023
3
1
As said in title, my closed work visa for my employer expired in May. I've not been working since then and employer is waiting for me to get my visa again so I can go back to work. I've received my AOR, currently in canada with my spouse waiting to work again. I'm trying to apply now for my OWP but when it asks me when my status expires, if I put that it expired back in May it says I cannot apply for OWP and have to leave the country. Need to get back to work asap, how to go about this?

From what I've read on the application, I can still apply under a Public Policy which states "a person without temporary resident status can be sponsored as a spouse or common-law partner in Canada only if they are inadmissible because they: -overstayed a visa, visitor record, work or student permit;" So how do I go about the OWP application? Do I use an expiry date in the future?
I’m also confused. They say that if you are out of status you can apply for OWP once you have AIP letter but then ask for expiry date. Did you end up applying for the OWP?? Did you put a future expiry date?