Confused

[s.ling316]

Hello everyone ,

Here is my situation , I came as a student and received a one year work permit. I hired this lawyer to help me. I applied for express entry and an extension for a work permit. I didn't receive any and now I've overstayed. My work permit expired March 20,2015. I know I had 90 days to go back home. So I decided I will return home but then my boyfriend proposed and we got married September 5,2015. We haven't started the application for sponsorships as yet. Someone told me because I stayed so long it will cause some problems. I am worried and I don't know what to do. The lawyer I hired is not returning my calls or emails! Would appreciate the advice ! Thank you !!!

 

[scylla]

It sounds like you have submitted an Express Entry profile but haven't yet been selected (received ITA) and submitted your full application with police checks, reference letters, etc. If that's the case, you don't qualify for a work permit extension and should never have applied for one. Sounds like your lawyer didn't know what he was doing.

It is too bad that you are out of status. While your husband can still sponsor you, it is quite possible the processing of your application will take longer since CIC will want to look at your relationship more closely to ensure it's genuine and not a marriage of convenience. Because you are out of status, this also means you won't qualify for the open work permit pilot. So if your boyfriend sponsors you using the inland process, you won't qualify for an open work permit until the application has first stage approval - which is currently taking around 16 months.

So to make a long story short, your husband can still sponsor you - but the fact you are out of status means the process will likely take longer and you certainly won't be able to work again as quickly.

 

[s.ling316]

16 months ? Really, i thought when you apply for sponsorship you could send in an open workpermit application the saem time?

 

[Ponga]

Only applicants that have legal status are eligible for the Pilot Program OWP. Those without status, are not eligible for an OWP until they reach first stage approval (AIP), which, as scylla has pointed out, is ~ 16 months.

 

[scylla]

16 months ? Really, i thought when you apply for sponsorship you could send in an open workpermit application the saem time?

Yes - 16 months. It's because you're out of status.

Yes - you would send an open work permit application along with your sponsorship application. However only people who are in status at the time when their application is sent benefit from the open work permit pilot and get their OWP four months after they apply. In your case (since you are out of status in Canada), you can't benefit from the OWP pilot and your OWP will only be approved once your application has first stage approval. First stage approval for inland applications is currently taking around 16-17 months to complete.

And keep in mind that first stage might take even longer for you since you are out of status.

 

[Ponga]

Yes - 16 months. It's because you're out of status.

Yes - you would send an open work permit application along with your sponsorship application. However only people who are in status at the time when their application is sent benefit from the open work permit pilot and get their OWP four months after they apply. In your case (since you are out of status in Canada), you can't benefit from the OWP pilot and your OWP will only be approved once your application has first stage approval. First stage approval for inland applications is currently taking around 16-17 months to complete.

And keep in mind that first stage might take even longer for you since you are out of status.

Apparently, lack of status (alone) doesn't seem to delay the process...at least according to those that have shared their timeline in the Family Class Sponsorship forum.

 

[scylla]

Apparently, lack of status (alone) doesn't seem to delay the process...at least according to those that have shared their timeline in the Family Class Sponsorship forum.

Agreed that lack of status alone doesn't necessarily delay the process. However if there's any concerns about the relationship being genuine and the file gets sent to Etobicoke for further review without AIP - then first stage approval could be well over 16 months.