Open Work Permit Year Pilot Not Qualified

[jpscuba]

Hey guys,

I just called CIC and been told that I'm not going to receive my Open Work Permit.

First of all, I applied for Permanent Residency trough Family Class. I also Included the Open Work Permit application.

They first received it on March 24th. Then sent me back because I had forgotten the Open Workers $100 fee.
I paid the fee and sent it back to them and they then considered my application COMPLETE on May 7th.

Now, here's the problem: My status as Visitor expired on May 3rd. I thought I was on a implied status since I had applied for my PR and Open Work permit.

If they had received it complete at the first time (March 24th) I would still be with a status and would have got my Open Work permit.

I feel very upset and it feels unfair that they received on time, I promptly paid the $100 fee that was missing and because of 4 days I won't be able to work until my spouses sponsorship application 1st stage is approved. Which we know it takes 16 months...

I'm very frustrated right now, don't really know what to do. I looked for jobs lately because I knew my work permit was about to arrive. Now, how can me and my spouse live on a one person's salary? That's was the whole point of the pilot program, to give a chance to the principal applicant to find a job and work to support their family...


The call centre person told me I could find a job with the "Labour Market Opinion (LMO)" and then apply for a Closed Work permit... Honestly, I have no chances because I haven't started studying yet. I was expecting to get an Open work Permit, start working, engage on studies and so on...

Now I don't know what to do. I can't even get a driver's license.


I wish there was a form to talk to them and get this fixed. We are all humans and just because this is the system, you can't make someone wait for 16 months until they can start thinking about working. Specially when you have a family, bills and expenses... Despite the fact that working, I'd be paying taxes too...

 

[Ponga]

Unfortunately, there really is nothing that can be done. It's a shame that they can't fix this `broken' part of their system, but they can't...or won't.

You missed the 90 day window to restore your status by 4 days! If you had applied (online) for Restoration of Status prior to August 3rd, you could have regained your status, which may have then qualified you for the Pilot Program OWP.

While you now have to wait until you have AIP, try to find work remotely. If you can work for someone outside of Canada (online, or by phone) and are then paid from outside of Canada, it's perfectly legal. I know it doesn't sound very appealing, but it's at least something to consider.

Good luck!

 

[jpscuba]

I've been patiently waiting for the OWP to arrive and today I called and received that bad news...

I has to be a way to appeal... When I first sent it I was still with a status, they said I'm on a implied status right now because of the Permanent Residency application... If so, wouldn't that allow me to receive the Open work permit? It makes no sense... they are people too and they should be considering in these cases...
Now I'm doomed to wait until who knows when until I can work... What am I supposed to be doing in the meantime?

Pretty upsetting, that's all.

 

[Aquakitty]

There is no appeal process for refused work permit.

Well, you don't have many options. Can you write? Program? Sell things? These are all jobs that can be done remotely. Are you American? You might qualify for a PELL grant to go to community college online. You'd have to claim to be a resident of your state though.

I wonder if it would be worth contacting your MP and explaining the situation. Anyone know if there is a way to get the officers email address or at least something close? You might be able to send in a sob story about it. Lastly you could try reapplying for the work permit, explaining what happened to the first one and write a long, apologetic sob story to go with the work permit and someone might have mercy on you. Unfortunately this is 100% your fault and could have been prevented.

 

[scylla]

I've been patiently waiting for the OWP to arrive and today I called and received that bad news...

I has to be a way to appeal... When I first sent it I was still with a status, they said I'm on a implied status right now because of the Permanent Residency application... If so, wouldn't that allow me to receive the Open work permit? It makes no sense... they are people too and they should be considering in these cases...
Now I'm doomed to wait until who knows when until I can work... What am I supposed to be doing in the meantime?

Pretty upsetting, that's all.

Unfortunately it does make sense and the rules were correctly applied. You don't have implied status because your application was received after your status in Canada had expired. If you had submitted a completed application and it had reached CIC BEFORE May 3rd, you would have implied status. Since your completed application wasn't received until May 7th (i.e. after your visitor visa expired) - you are out of status in Canada and don't qualify for the pilot. Unfortunately there is nothing to appeal.

 

[Ponga]

There really is nothing that can be done. It's [again] unfortunate, but that's the way that CIC treats applications that are deemed to be incomplete...even for not paying the full amount for the OWP.

 

[GustavesF]

I feel very upset and it feels unfair that they received on time, I promptly paid the $100 fee that was missing and because of 4 days I won't be able to work until my spouses sponsorship application 1st stage is approved. Which we know it takes 16 months...

I'm sorry you're going through that garbage.

Also, it takes 17 months now. By the end of August it'll be 18.

Unfortunately the whole reason they have these regulations is so they can avoid doing work, they will always err on the side of lazy.

CIC sometimes looses parts of the application, which you'd still have to suffer the consequences for, so at least that's not what happened.

 

[Gemmie]

Is it possible to withdraw the entire application, apply to restore your status and then resend when that is complete?

Just trying to think of something that you can do.

 

[scylla]

Is it possible to withdraw the entire application, apply to restore your status and then resend when that is complete?

Just trying to think of something that you can do.

It's too late to restore status from within Canada. More than 90 days has already passed since the visitor visa expired.

 

[Ponga]

Is it possible to withdraw the entire application, apply to restore your status and then resend when that is complete?

Just trying to think of something that you can do.

It's too late for the OP to apply for Restoration of Status.

The only thing that I can even think of, would be for him to leave and try to re-enter Canada. If he's allowed back in, he would have new [legal] status. The obvious questions would be:

1. Will he be allowed to re-enter Canada?

2. If he is, would CIC accept the OWP?

If he's NOT allowed back in...life becomes even more challenging! He'd then be forced to re-apply with an Outland application...which might be faster anyway, but... :-\

 

[Gemmie]

It would seem that the Brazil office for outland is very quick processing times.

It says 5 months on the website.

 

[jpscuba]

Unfortunately it does make sense and the rules were correctly applied. You don't have implied status because your application was received after your status in Canada had expired. If you had submitted a completed application and it had reached CIC BEFORE May 3rd, you would have implied status. Since your completed application wasn't received until May 7th (i.e. after your visitor visa expired) - you are out of status in Canada and don't qualify for the pilot. Unfortunately there is nothing to appeal.

Yeah, I get why it happened. That makes sense. What doesn't make sense is keeping a person from working for 16 months! What else will they do??

 

[Aquakitty]

It would seem that the Brazil office for outland is very quick processing times.

It says 5 months on the website.

OP if you are from Brazil why did you not apply outland? Someone on the March thread got their PR in under 4 months. Sao Paulo is pretty much the fastest processing centre right now.

 

[scylla]

What doesn't make sense is keeping a person from working for 16 months! What else will they do??

I'm not sure what you mean by "what else will they do". Processing times are openly posted on the CIC web site along with the rules regarding the open work permit pilot and the requirement to be in status in Canada to qualify. So it's not by any means a secret that someone without status has to wait until they have AIP before they will qualify for an open work permit. These are all well known facts.

Anyway - as others have suggested, you should withdraw your application and apply outland.

 

[Ontariobat]

I'm just gonna third the idea to withdraw the inland application and go for outland. That will solve the major issues with not working for over a year.