Bridging Visa? SO confused! Multiple Questions.

[Ronshe]

Hi Guys,
This may be a longer post than warranted, but I want to be as detailed as possible as I feel our future depends on this Visa(s)!

Currently my husband (he is of Australian Citizenship-we legally married in Australia in 2013) is on working Holiday Visa which started the day in arrived in Canada on October 28th, 2014 and is due to expire October 27th, 2014. We have also submitted a spousal visa application (while he was here in Canada) which has been approved in the first stage. I know that we require another visa to bridge the two since his working holiday visa will expire before our spousal visa goes through to the next stage. This is where I am so confused and panicking because it expires so soon and we are expecting our first baby in early November, so I NEED this to work out!

We have been given such a runaround as to how to proceed! We completed the online questionnaire to determine which visa was required to bridge the two. I must have done that survey 14 times! To get the form that multiple representatives suggested we had to answer one question on the questionnaire incorrectly: How long are you planning to stay in Canada? Temporarily - more than 6 months.
Seeing as we are applying for a spousal sponsorship, this obviously isn't true. If we clicked "permanently" it redirected us to the spousal visa which we are already working on. Will this matter?

Also, which form do we actually need? We completed the Application To Change Conditions, Extend my Stay or Stay in Canada as a Worker. The list of supporting documents included the Family Information Form IMM5707 and copies of all pages in passport as well as a digital photo.
The optional checklist included The Application for a Temp Resident Visa made Outside of Canada and a letter of explanation. I completed The Application for a Temp Resident Visa made Outside of Canada, although I don't think this form is necessary seeing as my husband is already here in Canada...does it matter? Will it hurt?
I also attached a letter of explanation explaining that this application is intended to be a bridging visa between the two that we have already applied for.
Apparently I still have a few weeks left to submit this as the CIC agent said it takes less than 30 days, but I REALLY would like to get this out of the way and taken care of.
Any help or insight is GREATLY appreciated.
Thank you!

 

[canadianwoman]

You can answer 'temporarily' for the question that is giving you trouble. He is applying for a temporary stay - if his PR application is refused, then he will leave Canada. He has dual intent: he has applied to stay permanently with the PR application, and will be applying to stay temporarily as a visitor while the government decides to grant him the PR. Dual intent is OK.

 

[canuck_in_uk]

We completed the online questionnaire to determine which visa was required to bridge the two.

Also, which form do we actually need? We completed the Application To Change Conditions, Extend my Stay or Stay in Canada as a Worker. The list of supporting documents included the Family Information Form IMM5707 and copies of all pages in passport as well as a digital photo.
The optional checklist included The Application for a Temp Resident Visa made Outside of Canada and a letter of explanation. I completed The Application for a Temp Resident Visa made Outside of Canada, although I don't think this form is necessary seeing as my husband is already here in Canada...does it matter? Will it hurt?
I also attached a letter of explanation explaining that this application is intended to be a bridging visa between the two that we have already applied for.

Hi

There is no such thing as a "bridging visa".

If you applied outland, then your husband needs to apply to change his status and extend his stay as a visitor. He does not qualify to apply to extend his status as a worker. http://www.cic.gc.ca/english/visit/extend-stay.asp

If you applied inland, he can submit a paper OWP app, along with proof of the inland PR app. It takes about 4 months to receive the OWP. As he is currently on an IEC, he cannot work while on Implied Status.

Note that in either case, he does not require a TRV, so that form does not apply.

 

[Ronshe]

Now I am even more confused! I've contact the Visa office for further direction multiple times and they have said NOT to fill out a paper application as that takes several months, but to submit and Open Work Permit Application online as that should take less than 30 days and allow his to work in Canada while we wait for the next stage in our spousal sponsorship. I am beginning to think hiring a lawyer would be worth it!
I appreciate your reply, however, I am not understanding all the different answers.

 

[scylla]

Now I am even more confused! I've contact the Visa office for further direction multiple times and they have said NOT to fill out a paper application as that takes several months, but to submit and Open Work Permit Application online as that should take less than 30 days and allow his to work in Canada while we wait for the next stage in our spousal sponsorship. I am beginning to think hiring a lawyer would be worth it!
I appreciate your reply, however, I am not understanding all the different answers.

Unless he has an approved LMIA or you applied inland, he doesn't qualify to apply for an OWP. CIC is now rejecting (rather than refusing) applicants who apply but don't qualify resulting in them going out of status in Canada effective the day their original work permit expired.

Did you apply inland or outland? This is the most important answer you need to give us.

Also agreed that a bridging work permit does not apply in his case. A bridging open work permit would only be possible if he had applied for PR through an economic immigration stream. Bridging work permits are not granted for spousal sponsorship applications.

 

[canuck_in_uk]

Now I am even more confused! I've contact the Visa office for further direction multiple times and they have said NOT to fill out a paper application as that takes several months, but to submit and Open Work Permit Application online as that should take less than 30 days and allow his to work in Canada while we wait for the next stage in our spousal sponsorship. I am beginning to think hiring a lawyer would be worth it!

As scylla said, you really need to tell us whether you applied inland or outland. Until we know which way you applied, we can't tell you your exact options.

 

[Ronshe]

We applied using The INLAND application, sorry!
Does being pregnant have any pull on this? I am so worried he won't be able to be here for the Baby as well....

 

[canuck_in_uk]

We applied using The INLAND application, sorry!
Does being pregnant have any pull on this? I am so worried he won't be able to be here for the Baby as well....

Too late now but outland would have been much faster. Being pregnant has zero effect.

He can submit an OWP app. Only those inland applicants who already have AIP can apply online. http://www.cic.gc.ca/english/department/media/notices/2015-12-11.asp

As he is on an IEC permit, he needs to stop working after his current work permit expires. It will take about 4 months to receive the OWP.

EDIT: Just noticed in your original post that you say you already have AIP. If so, this means he can apply for the OWP online; however, there is no guarantee of a 30 day approval, as it is still considered a pilot project OWP with a 4 month processing timeline. He still cannot work on Implied Status.

 

[Ronshe]

I've heard that the outland would have been a lot quicker and I'm wishing we would have went that route instead.
So all in all, it seems we are heading in the right direction based on what we have done and where we are at, right?

The representative said the letters we received were approval in principle, however all the actual letter says is that I have met the requirements for eligibility as a sponsor and he has met the requirements to be sponsored, to pay the right of permanent residence fee and further direction will follow. When I check at the application status online, it says "In Progress".
Should I attach those letters in with the letter of explanation, just to be on the safe side since no where does it ask for that paperwork, although we answered yes to the AIP question?

I am SO sorry for all the questions and confusion, but I am so overwhelmed with this. I really really appreciate your time and efforts.

 

[canuck_in_uk]

Should I attach those letters in with the letter of explanation, just to be on the safe side since no where does it ask for that paperwork, although we answered yes to the AIP question?

I am SO sorry for all the questions and confusion, but I am so overwhelmed with this. I really really appreciate your time and efforts.

Yes, attach the AIP letter with the OWP app.

It can be an overwhelming process, so don't apologize for asking questions.