Application for Open Work Permit returned - Please help, we are devastated.

[dominokitty]

I don't know what to do. We sent our inland application for sponsorship with the open work permit included back in September. It was intended for the OWP pilot project. It was received by CIC on Sept 11, and started processing on Dec 12. We completed both the permanent residency application and the open work permit application according to the checklists provided on the CIC website. Everything on the checklist was included.

We received a package in the mail today. We were very excited, expecting it to be the work permit we've been waiting for. Instead, it was the open work permit portion of our application, returned with a letter saying it was not processed because it was incomplete. We're supposed to fill out a new form that I have never seen before and isn't listed on the application checklist - IMM5710: Application to Change Conditions, Extend My Stay, Or Remain in Canada as a Worker. This form is not listed in the checklists for either the Inland spousal sponsorship application or the open work permit application, and it's not listed on the pilot program page either. I don't know how we could have known this was a necessary piece of our application. Even the application we were returned doesn't have this form on their checklist!

I'm terrified. All this time, I was under the impression that my husband would be granted Implied Status as long as the application was in process, and that as long as we mailed our application before his visitor visa expired, we'd be fine. Members of this forum advised me as much. We even called CIC to confirm this. We were so careful to make sure that we included everything so this didn't happen. Now, we don't know where to turn.

He arrived in Canada in May 2015 on a 6-month visitor permit that expired a month after we sent our application away. Does this mean my husband is now out of status and not eligible for the open work permit? Does this mean the application to extend his stay will be rejected because he's now out of status? Will my husband be forced to leave Canada, making our sponsorship application null? What do we do? Has anyone else come across this problem before?

If you successfully applied for the open work permit and did not have this problem, where did you find the information that told you this IMM5710 form was needed for this pilot program? I can't find it anywhere but on the specific page it's listed.

I'm really panicking here. Please help.

 

[erwinjohn997]

I don't know what to do. We sent our inland application for sponsorship with the open work permit included back in September. It was intended for the OWP pilot project. It was received by CIC on Sept 11, and started processing on Dec 12. We completed both the permanent residency application and the open work permit application according to the checklists provided on the CIC website. Everything on the checklist was included.

We received a package in the mail today. We were very excited, expecting it to be the work permit we've been waiting for. Instead, it was the open work permit portion of our application, returned with a letter saying it was not processed because it was incomplete. We're supposed to fill out a new form that I have never seen before and isn't listed on the application checklist - IMM5710: Application to Change Conditions, Extend My Stay, Or Remain in Canada as a Worker. This form is not listed in the checklists for either the Inland spousal sponsorship application or the open work permit application, and it's not listed on the pilot program page either. I don't know how we could have known this was a necessary piece of our application. Even the application we were returned doesn't have this form on their checklist!

I'm terrified. All this time, I was under the impression that my husband would be granted Implied Status as long as the application was in process, and that as long as we mailed our application before his visitor visa expired, we'd be fine. Members of this forum advised me as much. We even called CIC to confirm this. We were so careful to make sure that we included everything so this didn't happen. Now, we don't know where to turn.

He arrived in Canada in May 2015 on a 6-month visitor permit that expired a month after we sent our application away. Does this mean my husband is now out of status and not eligible for the open work permit? Does this mean the application to extend his stay will be rejected because he's now out of status? Will my husband be forced to leave Canada, making our sponsorship application null? What do we do? Has anyone else come across this problem before?

If you successfully applied for the open work permit and did not have this problem, where did you find the information that told you this IMM5710 form was needed for this pilot program? I can't find it anywhere but on the specific page it's listed.

I'm really panicking here. Please help.

did you applied Inland? so on the last question you are asking, you don't include IMM5710 application form in your package? I am sorry I just don't understand the last part.

if the applicant has no status nor valid status they might get rejected on applying OWP nor they will not get that permit. However, he can apply for an restoration of his visitor visa and then try to re apply an OWP again.

 

[starry101]

What form did you use then? I applied over a year ago and that was the name of the form I used. This was the site I got it from http://www.cic.gc.ca/english/resources/tools/updates/2014/2014-12-22.asp (if you click the link, it takes you to another page with the proper form). This is the page (http://www.cic.gc.ca/english/information/applications/extend-worker.asp) and IMM5710 is listed in the checklist from February 2015.

Basically, because he's already in Canada as a visitor, you need to apply to change it to a work permit. Because you didn't apply to extend his visitor visa, he is now out of status (unless you did apply to extend it before it expired, then as long as it's still processing you have implied status). You can also apply for a restoration of status (but I think you only have 90 days to do so, so double check the dates). Once the status is restored you can apply for the OWP again using the proper forms. If you applied to extend the visitor's visa while he still had status you should be able to apply for the OWP again.

 

[Ponga]

Unfortunately, IMM 5710 was the correct form for the OWP.

You stated that he arrived in May 2015 with authorization to stay for 6 months, but then also said that his status expired one month after you sent the application(s) in September. Which is it?

As mentioned by the previous member, he is now out of status and only has/had 90 calendar days to apply for Restoration of Status. If he still has time to do that, he needs to send it (by overnight courier) ASAP, because I don't believe that a ROS can be submitted online.

If it's too late for that, he may still be allowed to remain in Canada, but would not qualify for a regular OWP until he reaches the first stage approval stage (AIP), which would probably be ~> mid-2017, based on the current processing times.

Good luck!

 

[dominokitty]

Yes, we applied Inland. IMM5710 is not part of the inland application checklist and we were unaware that it was required. To my knowledge, sending the inland application with the open work permit should have granted him implied status while we waited for approval. That is what we were told by CIC and members of this forum, at least.

On the website you listed Starry101, it says, "Applicants who have already submitted an application for permanent residence under the SCLPC class but have not yet applied for an open work permit should complete a work permit application, include the appropriate fee, indicating that they are applying for an open work permit, and submit it to the Case Processing Centre in Vegreville...

...New SCLPC applicants should complete a permanent residence application and an open work permit applications, include the appropriate fees, and submit both simultaneously to the Case Processing Centre in Mississauga."

So, we filled out the permanent residence application, and the open work permit application, and submitted them together. The link to the extension page seems to be listed specifically for people who already have an application in progress, so we had to go hunting to find the open work permit form.

... We've just realized that we filled out the wrong work permit application, apparently. We sent the one intended for applicants outside of Canada rather than applicants inside Canada (IMM 1295)....

 

[scylla]

Yes - unfortunately that was the wrong form.

Are you still within 90 days of his status expiring?

 

[dominokitty]

Thanks for replying Ponga. I was hoping you would.

So, we need to apply for restoration of status before Feb 15 (90 days from when his visitor visa expired), wait for it to be approved, then send the open work permit again with the proper forms? Does this mean we'll go back to the bottom of the pile and have to wait the 4 months all over again? Is there still a chance?

 

[scylla]

Thanks for replying Ponga. I was hoping you would.

So, we need to apply for restoration of status before Feb 15 (90 days from when his visitor visa expired), wait for it to be approved, then send the open work permit again with the proper forms? Does this mean we'll go back to the bottom of the pile and have to wait the 4 months all over again? Is there still a chance?

Yes - that's what you would need to do. I'm not sure if your new OWP application would go to the bottom of the pile. However you do have to wait for the restoration application to be processed first and this in itself is a bit of a wait (we've had some people here who have waited four months for this so prepare yourself for a similar wait).

 

[dominokitty]

How do we restore his status? Is that even possible? He came to Canada on a visitor visa, will they renew a visitor visa if it's intended to be used to apply for the open work permit? I am so confused....

 

[dominokitty]

Oh god.. 4 more months just for the visitor permit, and another 4 again for the work permit.. I am losing my mind.. He was supposed to have his work visa in hand today..

 

[Aquakitty]

Does this mean the application to extend his stay will be rejected because he's now out of status?

When did you send in the application to restore his status?

The way you are talking he has a visitor record, not a visa. Is his country visa-exempt?

 

[dominokitty]

Yes, my husband is from a visa-exempt country (Austria). It's basically an automatic 6 months. We haven't sent an application to restore his status yet because we didn't know he was out of status until today.

 

[dominokitty]

Unfortunately, IMM 5710 was the correct form for the OWP.

You stated that he arrived in May 2015 with authorization to stay for 6 months, but then also said that his status expired one month after you sent the application(s) in September. Which is it?

As mentioned by the previous member, he is now out of status and only has/had 90 calendar days to apply for Restoration of Status. If he still has time to do that, he needs to send it (by overnight courier) ASAP, because I don't believe that a ROS can be submitted online.

If it's too late for that, he may still be allowed to remain in Canada, but would not qualify for a regular OWP until he reaches the first stage approval stage (AIP), which would probably be ~> mid-2017, based on the current processing times.

Good luck!

He arrived in Canada in May 2015 as a visitor from a visa exempt country. He was authorized for the full 6 months (until november), we sent the application in September. So, 2 months before his authorization was over. I mis-spoke - sorry!

 

[Ponga]

Yes, my husband is from a visa-exempt country (Austria). It's basically an automatic 6 months. We haven't sent an application to restore his status yet because we didn't know he was out of status until today.

Just submit the ROS application ASAP. Once it's been approved, you'll then submit a new OWP and pay the $255 fee...again.

 

[dominokitty]

So we lose the money from our initial application as well????