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Thisisdatis

Newbie
Apr 6, 2019
2
0
Hi,

My common law partner's work permit expired on the 27th of March ... Prior to that, we sent an application for open work permit and permanent residency.

Her open work permit sponsorship sent back a letter saying that the application was unprocessed because of insufficient payment. We are unsure of which payment we didn't file.

Two questions:

1) does she now lose her implied status?
 
The letter States:

This refers to the application to change conditions or extend your stay in Canada as a worker that you submitted in conjunction with the application for permanent residence you made under the spouse or common law partner class in Canada.

We have not processed this application because it is not complete. The entire application for temporary residence is being returned to you as unprocessed.

They highlighted the detail about insufficient fees being provided.

They have written that the "entire package, including all the required documents/information referenced in the above and a copy of this letter must be resubmitt d to" care processing center Edmonton.

They also included a copy of package imm5710

What do we need to do now? Did she lose implied status?
 
The letter States:

This refers to the application to change conditions or extend your stay in Canada as a worker that you submitted in conjunction with the application for permanent residence you made under the spouse or common law partner class in Canada.

We have not processed this application because it is not complete. The entire application for temporary residence is being returned to you as unprocessed.

They highlighted the detail about insufficient fees being provided.

They have written that the "entire package, including all the required documents/information referenced in the above and a copy of this letter must be resubmitt d to" care processing center Edmonton.

They also included a copy of package imm5710

What do we need to do now? Did she lose implied status?
She can apply to restore her status (she has 90 days from the day it expired). She does not qualify for the OWP anymore because she is out of status (unitl she receives Approval in principle). She can apply to restore her status first, when its approved, she can send the OWP application with the correct fee (it should be 155+100=255).
 
The letter States:

This refers to the application to change conditions or extend your stay in Canada as a worker that you submitted in conjunction with the application for permanent residence you made under the spouse or common law partner class in Canada.

We have not processed this application because it is not complete. The entire application for temporary residence is being returned to you as unprocessed.

They highlighted the detail about insufficient fees being provided.

They have written that the "entire package, including all the required documents/information referenced in the above and a copy of this letter must be resubmitt d to" care processing center Edmonton.

They also included a copy of package imm5710

What do we need to do now? Did she lose implied status?
An application that is returned as "incomplete" is considered to be the same as not submitting the application at all.
There is therefore no "implied status", at all. It never existed.