Open Work Permits not being approved even when meeting eligibility criteria

[CanUK333]

Hello, a few of us on the October/November/December Inland application threads are having troubles with our OWP applications. Waiting 5 months with no word on our OWP applications while the majority have already gotten approval ages ago. Each of us have inquired about the status of our OWP via phone/webform and get the response that "We do not meet the eligibility Criteria". But when we review the criteria we all find that we in fact DO meet all of the criteria! We've gone back to IRCC and asked for clarity as to which criteria they think we are not meeting and none of us get a response. (by the way, all this was happening BEFORE covid so it's not a delay in processing because of the virus)

Have any of you had this experience with your applications? Did any of you end up getting the OWP or at least get answer from IRCC?

Help us shed some light on why we are not being approved for OWP (and yes we were all IN valid status when applying)

 

[CanUK333]

Also, is there any precedent for appealing an OWP rejection? or getting IRCC to re-evaluate the application?

 

[HandInHandVII]

These are really good questions. As an inland Spouse Visa with OWP March 2020 applicant, I'd very much like to know.

 

[abeagomez]

Hello all, I'm Dec 9th applicant in that situation. So far I completed a web form requesting what specific criterio I didn't meet (As I checked the list they provided and I meet with every criteria showed there. I'm still expecting a response.
The user @PrincessButtercup is in the same situation. In that user's case they responded they sent the request to the visa officer reviewing the case.
So basically we are just waiting now.

 

[DirtyMelodies]

Another member and I were messaging exactly about that recently! Here is a copy-paste of my message to them, including IRCC's response. I think I'm going to reach out to my MP tomorrow.

Hi there!
I'm actually glad to see we're not the only ones in this situation. It's an incredibly frustrating process. To summarize our situation:

- We sent our spousal PR application on July 31, 2019. IRCC officially received it on August 2, 2019. The packet also included the OWP application, as instructed.
- My boyfriend's IEC visa expired on October 1st 2019, so he fell on implied status while we awaited his new OWP.
- His OWP application was sent back at the end of September because of a missing signature. We received it on October 7, 2019, which meant he was now out of status and had to quit his job. We were instructed by IRCC to simply sign the OWP app, file and pay for a restoration of status, and send the packet onwards to Edmonton CPC, which we did on October 11th (still well within the 90-day grace period).
- In January, we got an e-mail from IRCC, declining our request. This is a copy/paste of their justification:

La présente fait référence à votre demande de permis de travail ouvert.
Les étrangers admissibles qui ont soumis une demande de résidence permanente dans la catégorie des époux ou conjoints de fait au Canada peuvent obtenir un permis de travail ouvert s’ils respectent certains critères.
En tant qu’étranger au Canada n’ayant pas encore un statut de résident temporaire valide, vous n’êtes pas admissible à demander un permis de travail ouvert tant que vous n’aurez pas reçu confirmation que votre demande de résidence permanente sera traitée depuis le Canada. Votre demande de permis de travail ouvert sera étudiée en même temps que votre demande de résidence permanente, et si celle-ci est acceptée, un permis de travail ouvert sera délivré en votre nom.

Translation in case you do not speak/read French:

This refers to your open work permit application. Foreigners who are admissible and submitted a permanent residency application in the spousal/common-law category within Canada may obtain an open work permit if they fit certain criteria. As a foreigner in Canada having no valid temporary resident status as of yet, you are not admissible to request an open work permit as long as you have not received confirmation that your permanent residency application will be processed within Canada. Your open work permit application will be examined alongside your permanent residency application, and should the latter be accepted, a work permit will be delivered in your name.

What was the point of paying 100$ for restoration of status if we have to wait until AIP? They don't even say the restoration of status application was declined. It makes no sense. My boyfriend has been stuck at home and unable to work since October because of this.

 

[abeagomez]

Another member and I were messaging exactly about that recently! Here is a copy-paste of my message to them, including IRCC's response. I think I'm going to reach out to my MP tomorrow.

Hi there!
I'm actually glad to see we're not the only ones in this situation. It's an incredibly frustrating process. To summarize our situation:

- We sent our spousal PR application on July 31, 2019. IRCC officially received it on August 2, 2019. The packet also included the OWP application, as instructed.
- My boyfriend's IEC visa expired on October 1st 2019, so he fell on implied status while we awaited his new OWP.
- His OWP application was sent back at the end of September because of a missing signature. We received it on October 7, 2019, which meant he was now out of status and had to quit his job. We were instructed by IRCC to simply sign the OWP app, file and pay for a restoration of status, and send the packet onwards to Edmonton CPC, which we did on October 11th (still well within the 90-day grace period).
- In January, we got an e-mail from IRCC, declining our request. This is a copy/paste of their justification:

Translation in case you do not speak/read French:

What was the point of paying 100$ for restoration of status if we have to wait until AIP? They don't even say the restoration of status application was declined. It makes no sense. My boyfriend has been stuck at home and unable to work since October because of this.

Oh! I'm really sorry about that. Please keep us posted about the development of your situation.

Oct/Nov/Dec applicants situation is a bit different though. I submitted my application after 3 months of my last entry to Canada. I had 6 months, so I was in status. My application was never returned, it is actually open and I linked my online account to it. I never got an email saying "you don't meet the criteria". I submitted a web form on early April, asking about my OWP application (as I had applied 4 months ago) and it was in response to that email that I was told I wouldn't be getting my OWP until we were AIP because they found I don't meet the list of criteria (which I do)
My application is still open, my OWP wasn't denied and that's the same for the other applicants :/

 

[DirtyMelodies]

Oh! I'm really sorry about that. Please keep us posted about the development of your situation.

Oct/Nov/Dec applicants situation is a bit different though. I submitted my application after 3 months of my last entry to Canada. I had 6 months, so I was in status. My application was never returned, it is actually open and I linked my online account to it. I never got an email saying "you don't meet the criteria". I submitted a web form on early April, asking about my OWP application (as I had applied 4 months ago) and it was in response to that email that I was told I wouldn't be getting my OWP until we were AIP because they found I don't meet the list of criteria (which I do)
My application is still open, my OWP wasn't denied and that's the same for the other applicants :/

Ours is actually open as well! It was linked on GCKey, we can see it, but everything it still ''processing''. I just feel like they completely disregarded the restoration of status in our case; they never got back to us about it. Simply said ''you don't fit the criteria for your work permit, wait until AIP'' and moved on.

 

[ishyfishy]

My boyfriend's IEC visa expired on October 1st 2019, so he fell on implied status while we awaited his new OWP.

His OWP application was sent back at the end of September because of a missing signature. We received it on October 7, 2019, which meant he was now out of status and had to quit his job. We were instructed by IRCC to simply sign the OWP app, file and pay for a restoration of status, and send the packet onwards to Edmonton CPC, which we did on October 11th (still well within the 90-day grace period).

As far as I know, if you are out of status and your application is returned for OWP, you are no longer eligible to apply as you don't hold a legal status anymore. I'm wondering why IRCC instructed you to sign the OWP and send it off again? What is the 90 day grace period? Thanks!

 

[DirtyMelodies]

As far as I know, if you are out of status and your application is returned for OWP, you are no longer eligible to apply as you don't hold a legal status anymore. I'm wondering why IRCC instructed you to sign the OWP and send it off again? What is the 90 day grace period? Thanks!

This is the exact letter we got:

http://imgur.com/CpxegSV

. We called IRCC twice, and both agents said to just sign the form, and sent everything to CPC, as instructed on the sheet. The also advised us to manually check the "restoration of status" checkbox on the OWP app.

The 90-day grace period starts on the day after your visa/permit expires, and allows you to request a restoration of status. They're extremely strict on that deadline, that's why we acted so quickly.

 

[mf2040]

This is the exact letter we got:

http://imgur.com/CpxegSV

. We called IRCC twice, and both agents said to just sign the form, and sent everything to CPC, as instructed on the sheet. The also advised us to manually check the "restoration of status" checkbox on the OWP app.

The 90-day grace period starts on the day after your visa/permit expires, and allows you to request a restoration of status. They're extremely strict on that deadline, that's why we acted so quickly.

Hello! I am an August 2019 applicant, and I have a very similar situation to your partner. Had a returned application, was out of status and still within 90 days to restore. I called and agents suggested that I apply for restoration and haven't heard anything about the OWP since.

 

[CanUK333]

Oh! I'm really sorry about that. Please keep us posted about the development of your situation.

Oct/Nov/Dec applicants situation is a bit different though. I submitted my application after 3 months of my last entry to Canada. I had 6 months, so I was in status. My application was never returned, it is actually open and I linked my online account to it. I never got an email saying "you don't meet the criteria". I submitted a web form on early April, asking about my OWP application (as I had applied 4 months ago) and it was in response to that email that I was told I wouldn't be getting my OWP until we were AIP because they found I don't meet the list of criteria (which I do)
My application is still open, my OWP wasn't denied and that's the same for the other applicants :/

Same here, my husband was definitely IN status when we applied and we never got any email about the status. In fact, we can't even link his application yet!!! I've submitted numerous webforms asking about the status and I keep getting ignored. It came to me and another member of the this forum in the same situation that perhaps they didn't have all the correct information because when you send your OWP/PR app, immediately the OWP forms get separated and sent to a different office....so maybe they never got the additional supporting documents or my cover letter, etc. So this week me and another forum member decided via web form to re-upload the OWP forms, scanned copies of our boarding passes showing proof of entry into Canada, passport, marriage cert, proof we are co-habitating at same address. We also included a letter stating that we would like our OWP application to be reviewed again and requesting a detailed status update. We highlighted in this letter how exactly we met ALL of the criteria. I will update you all if we get a response.

 

[abeagomez]

Same here, my husband was definitely IN status when we applied and we never got any email about the status. In fact, we can't even link his application yet!!! I've submitted numerous webforms asking about the status and I keep getting ignored. It came to me and another member of the this forum in the same situation that perhaps they didn't have all the correct information because when you send your OWP/PR app, immediately the OWP forms get separated and sent to a different office....so maybe they never got the additional supporting documents or my cover letter, etc. So this week me and another forum member decided via web form to re-upload the OWP forms, scanned copies of our boarding passes showing proof of entry into Canada, passport, marriage cert, proof we are co-habitating at same address. We also included a letter stating that we would like our OWP application to be reviewed again and requesting a detailed status update. We highlighted in this letter how exactly we met ALL of the criteria. I will update you all if we get a response.

Yes! Please! Let us now if you get any response. In my case I submitted a separated envelope with on OWP application on it. I even sent duplicates of every document (as, for example, passport pages) just in case. I will also let you know once they reply my enquery

 

[abeagomez]

Hi everyone, just wanted to let you know that, after filling a form requesting what criteria I did not meet for getting my OWP now, as I was in status when I applied (and I attached to my application a copy of my visa and the stamp showing my entry to Canada) I got the following email from IRCC today:


Good day ____________my full name here____________,

Thank you for contacting Immigration, Refugees and Citizenship Canada (IRCC).

We verified the information you provided regarding the status of your open work permit and have forwarded it to the responsible office.

They will contact you if further information is required or if a decision is made on your application.

We hope the information provided is helpful in assisting you with your enquiry.

We would also like to suggest the following online services that might be helpful to you with any immigration, refugee and/or citizenship future requests:

• Download application forms and guides
• Change of address
• Check your application status
• Help Centre - To find answers, you may consult the different sections or type keywords related to your question.

Sincerely,

Simone, agent 4720
Immigration, Refugees and Citizenship Canada

 

[DirtyMelodies]

On my end, I sat down last night and wrote a long e-mail to my MP, asking her to look into my boyfriend's OWP application (i.e. why it was refused without them addressing our restoration of status application at all), as well as the reason they haven`t updated his file since January, when his medicals were submitted by the physician. I'm worried that they're skipping over his file for AIP because it's still showing ''Medicals not received''.

The MP's assistant replied within 2 hours and said they were on it, and would update us as soon as they had an update.

 

[DirtyMelodies]

Also, I had sent IRCC a webform, asking them to fix the medicals issue and update his file. I included my boyfriend's full name, application number, UCI, date of birth, country of birth in the e-mail. This is what I got 5 days later:

Good day [Redacted],

Thank you for contacting Immigration, Refugees and Citizenship Canada (IRCC).
We verified the information you provided; however, we require further information in order to access the file.
In order to better assist you, we invite you to resubmit your request by filling out the IRCC Web form and include the following information:

• Surname and complete given name (including middle name, if applicable) - exactly as they appear on the passport or identity document,
• Date of birth (YYYY-MM-DD),
• Client ID Number, UCI or Application Number,
• Country of birth,
• Type of application,
• Date on which the application was submitted to Immigration, Refugees and Citizenship Canada,
• Mailing method (courier, Canada Post (registered or regular mail), etc.),
  • company used,
  • confirmation no.,
• Office where the application was submitted (city, country),
• Receipt number,
• Current address,
• Telephone number(s),
• Email address, and
• All documents submitted with your previous request.

We will gladly reply to your enquiry within five (5) business days following reception of the above information.
We hope the information provided is helpful in assisting you with your enquiry.
We would also like to suggest the following online services that might be helpful to you with any immigration, refugee and/or citizenship future requests:

• Download application forms and guides
• Change of address
• Check your application status
• Help Centre - To find answers, you may consult the different sections or type keywords related to your question.

Sincerely,

Fanny, agent 4184
Immigration, Refugees and Citizenship Canada
https://www.canada.ca/en/services/immigration-citizenship.html

Is it just me, or is all that information excessive? To update a GCKey account with information that's supposedly already in his file?