I'm worrying about my status

[nongari]

Hi guys!

I have some questions that I thought you guys could help me, especially if someone went through the same situation.

I am from South Korea and I came to Canada with an ETA (electronic travel authorization). According to the Canada government website, unless indicated on my passport, I may stay up to 6 months in Canada. My ETA isn't expired yet. And since immigration system has been changed to self-service kiosk, I haven't got any stamps on my passport.

I came to Canada to join my husband right after we got married. We applied for the Permanent Residence on Family Class - Sponsoring your spouse inland in December last year.
We also applied for open work permit (IMM 5710) at the same time but because of the bit of mistake package came back to us and we re-applied in May.
( I never worked in Canada since I came here)

We got through all the required PR process.

But I got this mail in September
--------------------------------------------------------
This refers to your application for an Open Work Permit.

Qualifying foreign nationals who have submitted an application for permanent residence under the spouse or common-law partner in Canada (SCLPC) class may be issued an ope work permit until such time as you receive confirmation that your application for Permamnent Residence will be processed from within Canada. Your application for an open work permit will be considered at the same time as your application for permanent residence and if the letter is accepted, the open work permit will be issued to you.
--------------------------------------------------------

Now it's November and I've got mail that I am scheduled for the final PR interview with reserved time & date.

They want me to bring TEMPORARY RESIDENT DOCUMENTS issued by IRCC.
but I don't have work permits, study permits & visitor records.

My question is.. Do I have legal status now?
How can I get visitor records document and proof I have legal status?

I am worried about my interview goes wrong because of this situation. If so, we won't be able to apply at all. Once denied they would ask me to leave Canada and I don't want to go Back to South Korea and lose all this time we've been preparing all the forms and documents, paying the fees and also because they might not allow me to come back in the country.

Does anyone have any advise ? We have all set to send the application but I am not sure about applying to extend my status.

I appreciate in advance for any help!
Thanks!

 

[monkeys89]

Your final interview likely means that you've been approved. If they were going to refuse you, you would have received by now a procedural fairness letter.

Did you not get your OWP?

In terms of temporary residence documents, just bring your passport and note that you used the kiosk and did not receive anything from CBSA.

It's really unlikely your interview will go wrong. These interviews are mostly just to confirm that you are who you said you were. You're more or less in.

But I'm really confused about your OWP.

 

[canuck_in_uk]

Hi guys!

I have some questions that I thought you guys could help me, especially if someone went through the same situation.

I am from South Korea and I came to Canada with an ETA (electronic travel authorization). According to the Canada government website, unless indicated on my passport, I may stay up to 6 months in Canada. My ETA isn't expired yet. And since immigration system has been changed to self-service kiosk, I haven't got any stamps on my passport.

I came to Canada to join my husband right after we got married. We applied for the Permanent Residence on Family Class - Sponsoring your spouse inland in December last year.
We also applied for open work permit (IMM 5710) at the same time but because of the bit of mistake package came back to us and we re-applied in May.
( I never worked in Canada since I came here)

We got through all the required PR process.

But I got this mail in September
--------------------------------------------------------
This refers to your application for an Open Work Permit.

Qualifying foreign nationals who have submitted an application for permanent residence under the spouse or common-law partner in Canada (SCLPC) class may be issued an ope work permit until such time as you receive confirmation that your application for Permamnent Residence will be processed from within Canada. Your application for an open work permit will be considered at the same time as your application for permanent residence and if the letter is accepted, the open work permit will be issued to you.
--------------------------------------------------------

Now it's November and I've got mail that I am scheduled for the final PR interview with reserved time & date.

They want me to bring TEMPORARY RESIDENT DOCUMENTS issued by IRCC.
but I don't have work permits, study permits & visitor records.

My question is.. Do I have legal status now?
How can I get visitor records document and proof I have legal status?

I am worried about my interview goes wrong because of this situation. If so, we won't be able to apply at all. Once denied they would ask me to leave Canada and I don't want to go Back to South Korea and lose all this time we've been preparing all the forms and documents, paying the fees and also because they might not allow me to come back in the country.

Does anyone have any advise ? We have all set to send the application but I am not sure about applying to extend my status.

I appreciate in advance for any help!
Thanks!

When did you arrive in Canada? If you arrived more than 6 months before you re-sent the app in May, you were and are out of status.

Being out of status will not effect your PR landing.

 

[nongari]

Your final interview likely means that you've been approved. If they were going to refuse you, you would have received by now a procedural fairness letter.

Did you not get your OWP?

In terms of temporary residence documents, just bring your passport and note that you used the kiosk and did not receive anything from CBSA.

It's really unlikely your interview will go wrong. These interviews are mostly just to confirm that you are who you said you were. You're more or less in.

But I'm really confused about your OWP.

I didn't get OWP. and that mail about my OWP application is all I have from them

 

[np08]

So you resent the OWP app in May and never heard back? Didn't get it returned, didn't get a confirmation, nothing? Sorry, I just reread your post and saw the email they sent you.

Without a work permit and since it's been more than 6 months since you came to Canada, you appear to be out of status. However, being out of status doesn't mean cancelling the PR app or anything like that. You can be out of status even when applying and still be fine.

Just explain in the interview - like you did here - that you came in and went through the kiosk so didn't get a stamp (you could bring you plane ticket of flight itinerary if you have it, though I don't think it'll be necessary). Don't lie to them, though. As in, claim to be in status or anything like that.

These interviews are a formality where they ask some very basic questions before you get your PR. Being out of status is not disqualifying. So you can relax.

 

[nongari]

When did you arrive in Canada? If you arrived more than 6 months before you re-sent the app in May, you were and are out of status.

Being out of status will not effect your PR landing.

It was September last time I arrived Canada. So that means... because I re-applied after visitor status is expired, my OWP was denied.
That makes sense.

 

[nongari]

So you resent the OWP app in May and never heard back? Didn't get it returned, didn't get a confirmation, nothing? Sorry, I just reread your post and saw the email they sent you.

Without a work permit and since it's been more than 6 months since you came to Canada, you appear to be out of status. However, being out of status doesn't mean cancelling the PR app or anything like that. You can be out of status even when applying and still be fine.

Just explain in the interview - like you did here - that you came in and went through the kiosk so didn't get a stamp (you could bring you plane ticket of flight itinerary if you have it, though I don't think it'll be necessary). Don't lie to them, though. As in, claim to be in status or anything like that.

These interviews are a formality where they ask some very basic questions before you get your PR. Being out of status is not disqualifying. So you can relax.

So.. that means even though I'm out of status but I can still get PR?

 

[canuck_in_uk]

So.. that means even if I'm out of status I can still get PR?

As I said, being out of status will not affect your PR landing.

 

[np08]

It was September last time I arrived Canada. So that means... because I re-applied after visitor status is expired, my OWP was denied.
That makes sense.

Yes, you're out of status and you can still complete the PR process and land without issue, as @canuck_in_uk and others have said. You have nothing to worry about. You only need to be in status for the work permit, not the PR.

 

[nongari]

@canuck_in_uk @np08 @monkeys89
Thank you very much for the replies!! That's relief