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Hw do i proceed after PR app got sent back???

Rikard

Rikard

Newbie
Oct 30, 2017
8
1
Hi everyone!
Me and my wife just got our PR app sent back to us, due to missing document (which we now have).
The open work permit was how ever not sent back together with the PR app.
It will most likely be sent back to us though (missing the same document, which we now have).

For me to not lose implied status! should i send in the PR app and a "new" OWP app?

Or do i wait to send in until my OWP comes back?

Do i have to pay one more time for the OWP? or i just send it right back in with the missing document?

Thank you!!!
 
Rikard said:
Hi everyone!
Me and my wife just got our PR app sent back to us, due to missing document (which we now have).
The open work permit was how ever not sent back together with the PR app.
It will most likely be sent back to us though (missing the same document, which we now have).

For me to not lose implied status! should i send in the PR app and a "new" OWP app?

Or do i wait to send in until my OWP comes back?

Do i have to pay one more time for the OWP? or i just send it right back in with the missing document?

Thank you!!!
Click to expand...
If your existing visa has already expired, a new OWP application will not correct that, as you must be "in status" when it's submitted. Also, if your existing OWP application is incomplete, you will be deemed to not have had "implied status" at all.
 
zardoz said:
If your existing visa has already expired, a new OWP application will not correct that, as you must be "in status" when it's submitted. Also, if your existing OWP application is incomplete, you will be deemed to not have had "implied status" at all.
Click to expand...

Actually, as long as they re-apply for their OWP within 90 days of their expired visa date they are good. There is a 90 day grace period.
 
niamahmoud said:
Actually, as long as they re-apply for their OWP within 90 days of their expired visa date they are good. There is a 90 day grace period.
Click to expand...
https://www.canada.ca/en/immigratio...s/visitors/implied-status-extending-stay.html

A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period.

Are you perhaps thinking of restoration of status?
https://www.canada.ca/en/immigratio...ry-residents/visitors/restoration-status.html

Requirement details
90 days
  • Clients who have been refused an extension to their temporary resident status, and were in status (including implied status) until the refusal, have 90 days from the date of the refusal notice to apply for a restoration, if otherwise eligible.
  • Clients who submit an application to renew their status after it has expired, but within the 90-day restoration period, receive a notice from the Case Processing Centre in Vegreville (CPC-V) warning them to apply for restoration. Clients have 90 days from the date their status expired to submit their restoration application and corresponding fee.
Continue to work or study
Contrary to applicants to whom we recognize an implied status, persons awaiting restoration have lost their status and may not continue to work or attend school.
 
zardoz said:
https://www.canada.ca/en/immigratio...s/visitors/implied-status-extending-stay.html

A temporary resident must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have implied status as a temporary resident during that period.

Are you perhaps thinking of restoration of status?
https://www.canada.ca/en/immigratio...ry-residents/visitors/restoration-status.html
Click to expand...

Agreed, but with the OWP application they will also apply for restoration of visa. as you have mentioned above. Extending and restoring are separate applications but are done in the same time. The reason i am sure of this is because we contacted IRCC when my OWP got returned to me. She stated as long as you also pay for restoration of visa status within 90 days of visa expiry you are good.
 
niamahmoud said:
Agreed, but with the OWP application they will also apply for restoration of visa. as you have mentioned above. Extending and restoring are separate applications but are done in the same time. The reason i am sure of this is because we contacted IRCC when my OWP got returned to me. She stated as long as you also pay for restoration of visa status within 90 days of visa expiry you are good.
Click to expand...
Yep.. I just included the appropriate section in the post.
 
It's important that the OP understand the difference between an application returned as "incomplete" (no implied status) and one that has been refused (implied status up to the date of decision). This catches a lot of people out.
 
First of all. Thank you for answers!

Second: lets see if i understand this.

My OWP app will get "returned as incomplete". Which mean i lose my status?
I have to send it back right away WITH 1/ the missing document AND 2/ with a "restoration of visa". (all this within the 90 days)

I ONLY have to pay for the "restoration"? or do i have to pay once again for the OWP?

Second question.
Should i wait for my original OWP to get sent back, so i send in PR and OWP together?

Thanks...
 
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