My husband and I applied for me to sponsor him to become a permanent resident here in Canada. My part of the application as the sponsor started processing on June 16, 2016. We successfully restored and extended his visa in Canada till June 22, 2017, and changed the conditions from a student visa to a visitor visa. We didn't apply for a work permit at the same time as the permanent resident application which would have given him implied status, so this is why we had to go through the process of restoring his visa after it expired, and changing it to a visitor visa as he is no longer in school. What I'm wondering is now that his visa is extended and restored should we put in the application for an open work permit now? or do we have to wait till the initial approval of my part of the sponsorship application? I had read in another forum that due to the length of time for inland applications to process we could apply for an open work permit before the initial approval.. is this true?... and if our application to change the conditions of his visa from visitor to open work permit is denied before his visitor visa expires will he still be able to stay in Canada till then or will his visitor visa become void when the change to conditions is denied? Thanks!
Waiting for PR and need help understanding Work Permits?
- Thread starter CVK86
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simpsol22
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- Feb 11, 2015
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- 01-12-2015
- Doc's Request.
- 17-06-2016
- AOR Received.
- 21-01-2016
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- 04-06-2016
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- 13-02-2017
Yes, if you were successfully able to restore the visitor status, you may apply for the OWP. Just send the application direct to Vegreville. Make sure you pay the $255 and include a copy of your AOR or proof of your submission for the PR App. You only need to wait for first stage approval if you are out of status and unable to restore it.
As long as you have an application in for PR, you are on implied status and do not need to leave Canada. There are many applicants waiting for PR that do not have a valid status.
As long as you have an application in for PR, you are on implied status and do not need to leave Canada. There are many applicants waiting for PR that do not have a valid status.
CDNPR2014
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- Mar 1, 2016
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simpsol22 said:
this is not true. a PR application ALONE does not give someone implied status. They must maintain legal status while in canada waiting for their application to be processed. if an inland applicant's status expires before being approved, and they don't extend their status, then they will be in canada illegally.
the OWP application is what gives a person implied status. Right now, the OP does NOT have implied status. they have legal extension of visitor status until June 2017. They will either need to apply to extend again at that time or submit an OWP application to gain implied status after the current visa ends.
To the OP, the pr applicant has legal status until the end of his current visa expires - which sounds like it is until June 2017. If you decide to apply for an OWP, then the applicant will have implied status until that application is approved/rejected. I believe that means, if the OWP application takes longer to approve than June 2017, then he would technically not need to extend his stay beyond June 2017. However, it is usually recommened to keep extending, even though there is an OWP application submitted "just in case" the application is returned or is rejected for some reason. Spousal sponsorship OWP applications are rarely rejected.
This definitely clears some of my confusion up on the matter. It was a misunderstanding about implied status in regards to the PR application that made us have to apply for restoration in the first place. 5 years ago it would have given implied status, but those regulations changed in the last 5 years, and now we know that we have to keep extending his visa in order for him to have legal status while we wait for the PR. Good to know OWP are rarely rejected in PR cases. I'll put his application for a work permit through as soon as possible. Just one more question... Should I apply for the length of time for his OWP to be till his visitor visa expires?.. or would 6 months from the date that we apply be better? is it safe to apply for 1 year?