Open work permit for Outland Spousal Sponsorship Applicants

[Jimmy92]

Hi
my pr application is outland. I am living with my wife. Can I apply for Open work permit inside Canada based on a visitor visa?

 

[KBH]

No you cannot. Only inland applicants are eligible to apply for the OWP.

 

[Jimmy92]

I am in canada based on visitor visa.

 

[scylla]

I am in canada based on visitor visa.

Doesn't matter. If you applied outland - you don't qualify for an open work permit.

 

[elomam]

@KBH & @scylla

guys you're wrong my wife is in the exact same situation as @Jimmy92 , we applied outland while she's here with me on visitor visa (application received on Feb 2nd). We applied for an OWP online on May 24th and we got it approved in July 13th !

 

[KBH]

@KBH & @scylla

guys you're wrong my wife is in the exact same situation as @Jimmy92 , we applied outland while she's here with me on visitor visa (application received on Feb 2nd). We applied for an OWP online on May 24th and we got it approved in July 13th !

No, we aren’t wrong. If your wife was issued an OWP, that was a huge oversight by IRCC and I wouldn’t mention it to anybody, as she was definitely NOT eligible to apply for an OWP. You have gotten extremely lucky, in fact, you should probably go buy a lottery ticket.

Please see this link. “Spouse or Common Law Partner in Canada Class” is the formal name for an inland application. Outland is called Family Class and is not included in the OWP pilot program...

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1163&top=17

 

[elomam]

No, we aren’t wrong. If your wife was issued an OWP, that was a huge oversight by IRCC and I wouldn’t mention it to anybody, as she was definitely NOT eligible to apply for an OWP. You have gotten extremely lucky, in fact, you should probably go buy a lottery ticket.

Please see this link. “Spouse or Common Law Partner in Canada Class” is the formal name for an inland application. Outland is called Family Class and is not included in the OWP pilot program...

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1163&top=17

But see this :
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=177&top=17
they mention :

• applied for permanent residence in Canada

Without indicating under which category you applied for PR, the only condition is to do it from within Canada...

 

[Snowman1308]

Regular open work permit
You may be eligible for a regular open work permit if:

• you’re applying or have already applied for permanent residence under the spouse or common-law partner in Canada class, or
• you’ve applied for permanent residence on humanitarian and compassionate grounds and your application has been approved in principle.

 

[elomam]

Regular open work permit
You may be eligible for a regular open work permit if:

• you’re applying or have already applied for permanent residence under the spouse or common-law partner in Canada class, or
• you’ve applied for permanent residence on humanitarian and compassionate grounds and your application has been approved in principle.

Can you please share the link on cic website ?

 

[Snowman1308]

http://www.cic.gc.ca/english/work/apply-who-permit-result.asp?q1_options=1i&q2_options=2c&q3_options=2c_ii

 

[elomam]

I do still think it's not pure luck :
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/eligibility.html

Under :
Eligibility requirements if you apply from inside Canada
have applied or been included in an application for permanent residence from inside Canada (you will have to pass certain stages in the main application process to be eligible for a work permit)

So I think (I maybe wrong), my spouse got it cuz she made it a bit far in our sponsorship application.

 

[Snowman1308]

I do still think it's not pure luck :
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/eligibility.html

Under :
Eligibility requirements if you apply from inside Canada
have applied or been included in an application for permanent residence from inside Canada (you will have to pass certain stages in the main application process to be eligible for a work permit)

So I think (I maybe wrong), my spouse got it cuz she made it a bit far in our sponsorship application.

I don't know seems weird since it would be the first case in years

 

[scylla]

I do still think it's not pure luck :
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/eligibility.html

Under :
Eligibility requirements if you apply from inside Canada
have applied or been included in an application for permanent residence from inside Canada (you will have to pass certain stages in the main application process to be eligible for a work permit)

So I think (I maybe wrong), my spouse got it cuz she made it a bit far in our sponsorship application.

We are not wrong. OWPs are only granted with inland sponsorship applications. This is a black and white rule and very clear in the language above. Either your application is being processed as an inland application and you haven't realized that - or CIC massively messed up (in your favour) and issued an OWP for an outland application.

 

[Snowman1308]

We are not wrong. OWPs are only granted with inland sponsorship applications. This is a black and white rule and very clear in the language above. Either your application is being processed as an inland application and you haven't realized that - or CIC massively messed up (in your favour) and issued an OWP for an outland application.

To be fair, he applied as Outland inside Canada so it might be

 

[elomam]

We are not wrong. OWPs are only granted with inland sponsorship applications. This is a black and white rule and very clear in the language above. Either your application is being processed as an inland application and you haven't realized that - or CIC massively messed up (in your favour) and issued an OWP for an outland application.

I can assure you we applied outland.
As if IRCC messed up I don't think so since they took a week to process the online OWP application eligibility. And for less than that they had refused an online study permit application for my spouse on the ground it should be sent to LA VO...
For the Post Owner, I'd suggest the following :
1- If you only wish to extend your stay in Canada and keep a legal status, rather apply for visitor visa extension.
2- If you're in need of a job and you already made it far in your sponsorship process, you can try applying for an OWP online (though apply for a visitor visa extension to stay legal if this OWP application got refused)