Posted OWP but already I know I messed it up!

[jwilcanada]

Hi everyone
After reading about the new pilot program for Inland spouse permanent residency, I thought all you had to do was as it says, complete an Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker form [IMM 5710], include the appropriate fee, indicating that they are applying for an open work permit, and submit it to the Case Processing Centre in Vegreville.

So that's what I did 2 weeks ago

Now Ive found out I was meant to apply following the Application to Change Conditions or Extend Your Stay in Canada as a Worker, including a Statutory Declaration of Common-Law Union IMM 5409 etc

My current work visa ends start of April, have I screwed myself that its going to be rejected??? The current processing times are about 79 days meaning my current visa will end by the time get to it
Can i submit another one now or will the first one getting rejected mean I wont have implied status for the next one to be counted?

thanks for any help. Ill call cic but any more input will be great!

 

[Ponga]

Why do you believe that you needed to include the Statutory Declaration of Common-Law?

Your OWP will be issued simply because you have already submitted an INLAND sponsorship application, correct?
If you have, the OWP under the pilot program is `automatic', but you do need to submit the IMM5710 form to receive it.

 

[RajaJi]

If you had already submitted an INLAND sponsorship application then you did the right thing by submitting IMM 5710.

 

[jwilcanada]

Why do you believe that you needed to include the Statutory Declaration of Common-Law?

Your OWP will be issued simply because you have already submitted an INLAND sponsorship application, correct?
If you have, the OWP under the pilot program is `automatic'.

I didnt send a Open Work Permit application in with my Permanent Residency Common-law partner in Canada class when I sent it in May 2014. Back then processing time were a lot quicker, thinking id get Stage 1 approval by now.
From what it says on the Pilot Program page on the CIC website (i cant post links yet) it says Applicants who have already submitted an application for permanent residence under the SCLPC class but have not yet applied for an open work permit should complete an Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker form IMM 5710

Also
From an email I was forwarded from a person asking CIC about an Open work permit, they sent him this


Sir, Madam,
Thank you for contacting Citizenship and Immigration Canada. I am pleased to follow up on your request:

Open Work Permit - Sponsorship of a Spouse or Common-Law Partner in Canada
If a spouse or common-law partner sponsored from inside Canada would like to work during the processing of their permanent residence (PR) application, they will require a work permit. To apply for one, they must:

Complete a separate application for an open work permit, but include the supporting documents and necessary payment for both applications in the same envelope and send it to the Case Processing Centre in Mississauga (CPC), Ontario,
Send an application for an open work permit before their application is approved in principle (AIP)* if they meet certain criteria, or
Wait until the PR application is approved in principle.

In order to apply:

-Before their PR application has received AIP, they may send an Application to Change Conditions or Extend Your Stay in Canada as a Worker to the following address (this links to the Application to Change Conditions or Extend Your Stay in Canada as a Worker CIC webpage )


On that page it says:

This application package includes:

Document Checklist [IMM 5556] (PDF, 171.07 KB) October 2014
Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker [IMM 5710] (PDF, 452.86 KB) June 2014
Statutory Declaration of Common-Law Union [IMM 5409] (PDF, 47.92 KB) April 2009
Use of a Representative [IMM 5476] (PDF, 610.82 KB) March 2014
Instruction Guide [IMM 5553]

 

[Ponga]

I just modified my previous post.

I've yet to hear from anyone that needed to `jump through all those hoops'.

If you have AOR for your Inland application, that means that CIC has received it, which is all that is needed to submit the OWP under the pilot program.

Check the update on the CIC page (22 Dec, 2014) and read through the instructions. It doesn't say anything about the Statutory Declaration of Common-Law form, only that an Inland application must have been submitted.
http://www.cic.gc.ca/english/resources/tools/updates/2014/2014-12-22.asp

? ? ?

 

[RajaJi]

I think you will be fine. There are many on this forum who submitted IMM 5710 only and that is what is required under the Pilot Program. Read the information on the page at the link posted by Ponga.

 

[jwilcanada]

Hmm ok then.

Well I posted the Imm5710e form, a CIC receipt of $155 and a cover letter explaining id sent and received a AOL in May 2014 and i was applying for a OWP.

Ill call CIC in the morning and find out for sure!
Its weird they sent my friend that email 3 days ago linking to the Application to Change Conditions or Extend Your Stay in Canada as a Worker page that asks for a stat dec etc....
They dont make this easy!

Thanks for your help!

 

[jwilcanada]

I just got off the phone to CIC,

I explained the situation, she asked if i we are married, were engaged but not married, she said I should have sent a Statutory Declaration of Common-Law Union IMM 5409 with the open work permit application..
She said ill just have to wait as they might either asked for additional information ie a stat dec, or reject it all together. When i asked what happens after my visa ends she said ill have to wait for a decision to be made. If it get rejected I'll have to send in an application of status restoration.
Or they accept it with the information they I've provided

So from that, if it gets rejected does that mean ill have to wait until i get Stage 1 approved in principle to be able to start working again, which will take months!?!?

 

[Ponga]

I just got off the phone to CIC,

I explained the situation, she asked if i we are married, were engaged but not married, she said I should have sent a Statutory Declaration of Common-Law Union IMM 5409 with the open work permit application..
She said ill just have to wait as they might either asked for additional information ie a stat dec, or reject it all together. When i asked what happens after my visa ends she said ill have to wait for a decision to be made. If it get rejected I'll have to send in an application of status restoration.
Or they accept it with the information they I've provided

So from that, if it gets rejected does that mean ill have to wait until i get Stage 1 approved in principle to be able to start working again, which will take months!?!?

Once again, the Call Centre gave out wrong information (go figure).

The Statutory Declaration of Common-Law form is OPTIONAL, but it is true that they sometimes ask for it later in the process. Many CL couples never included it and were never asked for it, while others did, or were asked for it later. No idea how CIC determines which couples need it. Maybe, it involves a board on a wall and a pointy dart?

However, this has NOTHING to do with the requirement for the OWP under the pilot program! All that is needed, is proof that an INLAND sponsorship application has been received by CIC. PERIOD!

 

[jwilcanada]

Once again, the Call Centre gave out wrong information (go figure).

The Statutory Declaration of Common-Law form is OPTIONAL, but it is true that they sometimes ask for it later in the process. Many CL couples never included it and were never asked for it, while others did, or were asked for it later. No idea how CIC determines which couples need it. Maybe, it involves a board on a wall and a pointy dart?

However, this has NOTHING to do with the requirement for the OWP under the pilot program! All that is needed, is proof that an INLAND sponsorship application has been received by CIC. PERIOD!

I really hope thats the case! Going around in circles stressing about this now! Guess I cant do much about it now but just wait....
Im on a IEC visa, can i work under implied status once my visa ends until a decision is made for a Open Work permit?

 

[canuck_in_uk]

I really hope thats the case! Going around in circles stressing about this now! Guess I cant do much about it now but just wait....

Stop stressing. As has been stated several times now, this is not a regular work permit application which requires that complete package. It is a special permit that requires only the IMM5710, the fee and the letter regarding your inland PR app.