Status enquired

[Chad4lyphe]

Does getting your work permit approved, put your back in status? when you were without status when summiting pr application?

 

[Buletruck]

Assuming this is a spousal application, you need to have valid status when you applied for the OWP and maintain it until approved. If you didn’t have valid status when you applied expect the WP to be refused.

 

[Chad4lyphe]

Yes it's a inland spousal sponsorship application the she applies without status, she get a email that her work permit valid for 2year was approved and was mail to her, she don't get a approve in principal mail as yet, but the work permit is approved, is she automatically have status with the work permit?

 

[Chad4lyphe]

Assuming this is a spousal application, you need to have valid status when you applied for the OWP and maintain it until approved. If you didn’t have valid status when you applied expect the WP to be refused.

???

 

[canuck_in_uk]

Yes it's a inland spousal sponsorship application the she applies without status, she get a email that her work permit valid for 2year was approved and was mail to her, she don't get a approve in principal mail as yet, but the work permit is approved, is she automatically have status with the work permit?

No. Despite the work permit, she remains out of status until landing as a PR.

 

[Chad4lyphe]

Are u sure cause she get a valid open work permit valid for two years? An from what I read a open work permit give you temporary residency status

 

[Chad4lyphe]

No. Despite the work permit, she remains out of status until landing as a PR.

One of the main way for a out of status person to restore they status, is to apply for a work permit with pr application. I respect your opinion but disagree that despite applying an approve a valid 2 year permit that person is still considered out of status, a work permit is a temporary residency status that allows you to work legally in Canada, u cannot work legally without status.

 

[canuck_in_uk]

One of the main way for a out of status person to restore they status, is to apply for a work permit with pr application. I respect your opinion but disagree that despite applying an approve a valid 2 year permit that person is still considered out of status, a work permit is a temporary residency status that allows you to work legally in Canada, u cannot work legally without status.

Restoration is a separate process that a person must actually apply for. There are several situations in which a work permit is issued but the person remains out of status.

 

[Chad4lyphe]

So basically you saying a out of status person have to land before they are given status, and a out of status person can apply an get work permit and work legally in Canada and get a sin number from service Canada while still don't have no status in Canada? Is that what u saying just want to be clear.

 

[Jnicole45]

So basically you saying a out of status person have to land before they are given status, and a out of status person can apply an get work permit and work legally in Canada and get a sin number from service Canada while still don't have no status in Canada? Is that what u saying just want to be clear.

So you've mentioned in other threads that there is also an exclusion order (you keep saying excursion order, so I'm assuming you mean exclusion but please correct me if I'm wrong) involved in your situation somehow. That could be effecting the advice you're getting as you haven't given a full picture of the situation. If you want correct information, you need to give all relevant information since your situation is out of the ordinary

 

[Chad4lyphe]

Exclusions order sorry for the mis pronouncement of the word,

The person who out of status when applying for spousal sponsorship she included a open work permit application as well, they approved the work permit

From researching I believe the work permit give her implied status

But I'm not sure if it cancel the exclusion order

 

[Jnicole45]

You still didn't really clarify the whole story. The exclusion order is for the applicant, yes? And you are her sponsor?

How did the exclusion order happen? Why is it not being enforced?

The only thing that can actually cancel any kind of removal order (including an exclusion order) is landing as a permanent resident.

 

[Chad4lyphe]

It for a applicant a friend of mine, she get the exclusion order because she was out of status when her spousal sponsorship application send in.

The reason why It's not enforce she have a deferral of removal because of her spousal application is in process

She don't get the AIP as yet on her application, but she received a open 2 year permit recently

 

[Jnicole45]

It for a applicant a friend of mine, she get the exclusion order because she was out of status when her spousal sponsorship application send in.

The reason why It's not enforce she have a deferral of removal because of her spousal application is in process

She don't get the AIP as yet on her application, but she received a open 2 year permit recently

So after a whole bunch of reading, I am now more confused by IRCC's decision than by your friend's situation.

In everything that I have read, your friend should not have been issued an open work permit due to the fact that she was out of status when she applied. It should not have been approved until she had recieved AIP, as individuals who are out of status are only eligible to recieve an OWP once AIP is granted.

Technically, since she has an OWP, she should now be back in status. However, it feels like there has been an error on IRCC's part (unless AIP has been granted and for some reason she was not notified) so I don't know if anyone but IRCC could confirm or deny that with any kind of certainty.

I believe this is beyond the scope of what we could advise on, and your friend should consider contacting IRCC about the status of her PR application.

 

[Chad4lyphe]

Thank you, that's what have her concern because she knows that it after aip she would be qualified for a work permit but she haven't received that email as yet her eligibility is still in process