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Open Work Permit

Discussion in 'Temporary Residence in Canada (Work, Study, Visit)' started by Cmichele03, May 17, 2019.

  1. I am an American applying for an open work permit so I can join my husband in Canada. We applied for the OWP separate from the Permanent residence sponsorship. The visitor record I was initially in Canada with expired and my extension application was denied, although we were given no specific reason as to why. Does this mean my work permit will also be denied, or is it more likely to be denied now? Also, I applied all the way back on March 8th, 2019. Is there a reason it's taking so long? How much longer do I have to stay apart from my cat and my husband that I love, without all my things, and without a place to stay. What other options do we have so that we don't have to spend the first year of our marriage apart?
     
  2. This is very confusing. Aren't you in Canada with your husband? Did you have valid status when you applied for the OWP? When did you apply for the OWP and the inland sponsorship. OWP takes 4 month on average.
     
  3. I entered Canada with my husband at the end of February, intending to return to America briefly after settling down to finish up some things back home so I go a visitor record for two months, however after meeting with a consultant we were told it was best not to leave so I applied to extend my visitor record and it was denied. I had status in Canada as a visitor while I applied for everything, but yesterday I had to move back to America. On the CIC website I was told the work permit process takes only an average of 6 weeks if applying while in Canada, which I did.
     
  4. If you are not in Canada you are not eligible for an open work permit. You must be in Canada, and be sponsored inland.

    March 2019 is not "way back" in the context of an OWP. It takes 3-5 months to process an OWP. March 8 is barely 2 months and 1 week ago.

    OWPs for spouses of students or people on work permits are processed differently than OWPs for spousal sponsorships.

    You had implied status while your OWP application was being processed. You did not need to leave Canada. Now you're technically ineligible for your OWP - if IRCC finds out, expect a rejection. You are also ineligible for inland sponsorship, which should also be rejected.
     
    canuck78 likes this.
  5. So what am I supposed to do now?? How do I get back into Canada? The letter of the refusal for my visitor extension said I had to leave immediately so I left literally the same hour I recieved it, I didn't know the work permit application gave implied status, our consultant didnt even mention that. We've spent so much money, I'm terrified of this process I've never done before, and I just want to be with my husband, what am I supposed to do now?
     
  6. How long have you been out of Canada. It is pretty unusual for a US citizen to only get a 2 month visitor record and to be denied an extension. Did you explain that you were applying for sponsorship? There must be more to the story/

    Unfortunately you probably need to start the whole process again.
     
  7. If we withdraw the applications now and start over will we at least get a refund? It cost over $1000 and we can't afford to just throw that away.
     
  8. Believe not all of it will be refunded but will let others comment since I am not sure. I sense finances may be the reason you only got a 2 month visit. Were you asked about your finances and how you would support yourselves in Canada. How long have you been out of Canada?
    /
     
  9. Yes but my husband has a full time job now, hes been supporting us at our own place for almost a month. I've been out of Canada for barely over a day now, maybe 30 hours max
     
  10. Then your inland application is likely salvageable. Maybe even the OWP if nobody realizes you were out of Canada. It will all be dependent on whether you are allowed to enter Canada. Are you close to the border? Can you try to reenter Canada this weekend? You have to weigh the risk of reentering as soon as possible. The border agents may be concerned about you reentering so soon but you want to salvage your applications if possible. Seems consulting a lawyer is not in your budget. I m not a professional. Perhaps other can provide their opinion. @scylla @canuck_in_uk
     
  11. What are we supposed to tell them when we reenter?
     
  12. I would try to re-enter. If you are asked why you are travelling, it's to visit family. If they press you, explain that you left once you received a visitor extension rejection but still have an OWP application pending, and a PR application in progress.

    That you left demonstrates you abide by visa conditions - which is proof of compliance with dual intent. Explain that you intend to go to Canada to see out the PR application for which you have already paid, and that if it is denied, you will leave again. That's what dual intent is for - you've already lived up to half of it.

    And fire your consultant. They're crap.
     
  13. Was going to recommend firing your consultant but if you have already paid that may not be possible. Doesn't seem like yo consulted them before leaving.
     
    k.h.p. likes this.
  14. Thank you for all your help, we'll be trying again in the morning when the port near us opens
     
  15. Bring your receipts for your sponsorship application.
     
    k.h.p. likes this.

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