Loss of status?? Please Help

[edenxa]

Hello,

My husband and I recently applied for inland sponsorship with an owp application included. He has been in Canada for the past year on a working holiday permit, it expired on August 28. We thought we would be okay and that he would be able to continue working on implied status since we sent the application in before his work permit expired - we sent it July 26. However, 3 days ago our application was returned to us because we accidentally left a section of the checklist blank. The application for the open work permit had not been processed yet. We corrected the mistake and mailed it back the same day that we received it. Now, if i understand correctly he is out of status and can no longer work legally?? Can he still stay in Canada? What should we do? Please any advise would be appreciated!

 

[scylla]

Hello,

My husband and I recently applied for inland sponsorship with an owp application included. He has been in Canada for the past year on a working holiday permit, it expired on August 28. We thought we would be okay and that he would be able to continue working on implied status since we sent the application in before his work permit expired - we sent it July 26. However, 3 days ago our application was returned to us because we accidentally left a section of the checklist blank. The application for the open work permit had not been processed yet. We corrected the mistake and mailed it back the same day that we received it. Now, if i understand correctly he is out of status and can no longer work legally?? Can he still stay in Canada? What should we do? Please any advise would be appreciated!

Yes - he's out of status which means he cannot work. He won't be able to start working again until the OWP is approved. He needs to apply to restore his status - otherwise he'll be waiting a very long time for the OWP.

 

[np08]

Yes - he's out of status which means he cannot work. He won't be able to start working again until the OWP is approved. He needs to apply to restore his status - otherwise he'll be waiting a very long time for the OWP.

To add to this, he has 90 days since expiration (in your case, Aug 28) to restore status so you have time. Otherwise you can't get a work permit until approval in principal which is pretty much a month or so before you get the PR.

Also, someone correct me if I'm wrong, but he can't work on implied status either way. He needs to have a valid work permit (or the working holiday visa he had) in order to work. You can see in other threads where people have had to stop working (quit, go on a long leave, etc) if their current permit expired and they were still waiting for the OWP.

 

[tim260]

To add to this, he has 90 days since expiration (in your case, Aug 28) to restore status so you have time. Otherwise you can't get a work permit until approval in principal which is pretty much a month or so before you get the PR.

Also, someone correct me if I'm wrong, but he can't work on implied status either way. He needs to have a valid work permit (or the working holiday visa he had) in order to work. You can see in other threads where people have had to stop working (quit, go on a long leave, etc) if their current permit expired and they were still waiting for the OWP.

Hi np08, how long does it usually take for the approval in principal?

 

[david_gat88]

Hi np08, how long does it usually take for the approval in principal?

As I've seen in other threads, AIP is coming at the end of the process along with DM, could be reaching the 12 month mark or more. I am on my 13th month and haven't received AIP yet.

 

[np08]

As I've seen in other threads, AIP is coming at the end of the process along with DM, could be reaching the 12 month mark or more. I am on my 13th month and haven't received AIP yet.

Yeah, it's basically at the end of the process. At that point there's no point in even applying for the OWP since you'll become a PR before you can theoretically get the OWP.

 

[tim260]

Yeah, it's basically at the end of the process. At that point there's no point in even applying for the OWP since you'll become a PR before you can theoretically get the OWP.

Thank you for both of your replies. I am the OP her husband.

I have a question. I am going to send the restoration of status form tomorrow but what happens if I do not get a reply on the forms after the 90 days? And if it ends up getting refused (and I have to leave Canada) what happens to the Spousal Sponsorship application we submitted? Do we have to resubmit an application or will the other one still be processed?

 

[david_gat88]

Thank you for both of your replies. I am the OP her husband.

I have a question. I am going to send the restoration of status form tomorrow but what happens if I do not get a reply on the forms after the 90 days? And if it ends up getting refused (and I have to leave Canada) what happens to the Spousal Sponsorship application we submitted? Do we have to resubmit an application or will the other one still be processed?

The sponsorship will still be in process and you won't have to leave the country until IRCC make a decision on it.

Being out of status is not a reason for a spousal Sponsorship being refused.

I do not know if it's necessary to send the OWP app since you have already sent a sponsorship application.

Call IRCC or read other threads. Or create a thread if you need a more immediate answer.