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Inland Spousal Sponsorship Application - OWP/Work Permit Extension Question

lakwachero

Member
Aug 23, 2016
15
0
Hi there,

Me and my husband are in a bind. We got married back in Aug 2016 and applied for his work visa extension (OWP), sponsorship and PR application all at the same time – as per the IRCC’s advise. When they had emailed us the necessary forms I didn’t notice any for work permit extension forms and didn’t notice at the time when we were applying. When I called back in November they said it takes 4 months which meant January 2017. My husband and I have been trying to get a hold of them since then to no avail. The lines are always busy and we just can’t seem to get a hold of anyone to get answers. At this point, I was concerned and after doing my own research I realized that we may have missed a form – the IMM5710.

Here are my concerns:

* Did we need to submit the IMM5710 at the time we submitted for PR? Are there any other forms we should have included from a work permit extension perspective?

* If my husband didn’t technically apply for his work permit extension, is he currently working illegally? Since his original work permit expired in Aug 2016 (He was only here for a one year work permit, before we got married). He’s still at Starbucks (which is his previous employer) he continued to work there because we assumed he was under ‘implied status’, under the condition that he had an extended work permit application being considered

* We had paid for the open work permit/work permit extension back in Aug 2016 and have the receipt, does this help us prove no ill-intent or help us in any way? Will this affect/delay his PR application? This application we did properly and is linked to my CIC account now, so were good on that and just waiting

* Can we apply for the work permit it now? It say on the website that the OWP pilot is done Dec 2016, if it's still available will he have to wait another for months from when we apply now? His work permit would technically be expired. It’s already been 7 months of waiting at this point and he’d love to be able to apply for a different job, or leave the country a bit to visit his family back in Spain who he hasn’t seen for almost 2 years – what are our options?

Any help/insight would be amazing. Thank you so much! This forum is such an amazing community and support on this complicated process – we appreciate it big time.

L
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
lakwachero said:
* Did we need to submit the IMM5710 at the time we submitted for PR? Are there any other forms we should have included from a work permit extension perspective?

* If my husband didn’t technically apply for his work permit extension, is he currently working illegally?

* We had paid for the open work permit/work permit extension back in Aug 2016 and have the receipt, does this help us prove no ill-intent or help us in any way? Will this affect/delay his PR application?

* Can we apply for the work permit it now? It say on the website that the OWP pilot is done Dec 2016, if it's still available will he have to wait another for months from when we apply now? His work permit would technically be expired. It’s already been 7 months of waiting at this point and he’d love to be able to apply for a different job, or leave the country a bit to visit his family back in Spain who he hasn’t seen for almost 2 years – what are our options?
Hi

Yes, you needed to send the IMM5710.

Yes, he is working illegally. He needs to immediately stop.

No, the receipt doesn't count for anything if you don't submit the actual application. There will be no effect on the PR app.

He can apply but as he is now without status, he will not be granted a work permit until after AIP.
 

lakwachero

Member
Aug 23, 2016
15
0
canuck_in_uk said:
Hi

Yes, you needed to send the IMM5710.

Yes, he is working illegally. He needs to immediately stop.

No, the receipt doesn't count for anything if you don't submit the actual application. There will be no effect on the PR app.

He can apply but as he is now without status, he will not be granted a work permit until after AIP.

---

Hi canuck_in_uk,

Thank you for you advice! We actually got a hold of the CIC today and they mentioned that he just send in the IMM5710 now w/ the supporting documents with a letter explaining what happened – we couriered all of of this over today. Here's to hoping that's enough to sort this out ASAP. He's also quitting his job today at Starbucks, it's just tough as you can imagine we weren't prepared for myself to be the sole financial provider for the interim but it is what it is. Sucks to have made such an avoidable mistake.

That said, I'm not too sure when his AIP would come in. We applied back in Aug 2016 got confirmation it was received in November 2016. Would you have a sense of what the timing is like for that?

L
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
lakwachero said:
That said, I'm not too sure when his AIP would come in. We applied back in Aug 2016 got confirmation it was received in November 2016. Would you have a sense of what the timing is like for that?
I suggest you have a look on the 2016 inland thread and spreadsheet to get an idea of the current timeline.