will visitor visa extension refusal affect my OWP application?

[laraTO]

Need your advice on what to do as I believe my visitor visa extension refusal might affect OWP application:

My husband's visitor status was to expire in Sept. so we applied to extend visitor visa in Aug.
Oct 1 we decided to apply for inland PR and sent our PR + OWP application.
In Dec our Visitor visa extension application was refused.

how will this affect our OWP applicaiton?
What should we do?

We consulted a lawyer and he said it will be fine. I'm worried because I read a loooooooot of posts on this forum I know that sometime lawyers do not provide correct advice.

THANK YOU

 

[Ponga]

When his visitor status expired in September, he was under Implied Status, because of the extension request. However, since the extension was denied, he was then [technically] out of status retroactively back to the day after his original status expired...I think. If that's the case, I doubt that the OWP will be approved until he reaches the AIP stage, which takes ~ 18 months.


If he had submitted the Inland application and OWP at anytime prior to his loss of status in September, he'd probably be fine because he would still be under Implied Status.

I must admit that this one seems tricky.

 

[Aquakitty]

Does a person have 90 days from the refusal to restore their status, or is it 90 days from the original status expiry?

 

[laraTO]

refusal letter states that he is out of status as of Dec 2, basically when they reached the decision. Because of this he had a legal status till Dec 2. We have 90 days from Dec 2 to apply for restoration.

Lawyer said we are OK and OWP will be issued because he had legal status at the time we applied (October).
However I'm worried because of that last requirement "SCLPC applicant has valid temporary resident status as a visitor, student or worker"

 

[Ponga]

Have you received your AOR from CIC? If you have not, there's a possibility that your Inland application could be returned if you included an outdated form and/or missed a required signature. If that happens, he would most definitely need to apply for ROS...if it isn't too late by then.

Also, if the OWP is returned because of incomplete payment ($255), he would lose Implied Status.



Otherwise, it sounds like he will qualify, as he did have legal status on the day that CIC received the application and OWP.

 

[laraTO]

We are one on those unfortunate October applicants that are still waiting for AOR
I called CIC 2 days ago they told me they are reviewing applications received by Sept 29. I noticed other member on this forum posted similar CIC responses last week.

So, you agree with the lawyer that applicant must have legal status at the time they apply.
Legal status at the time CIC reviewes the OWP application is irrelevant.

I hope this is true. Not sure if we should apply for reinstatement of status just in case ...

 

[Ponga]

We are one on those unfortunate October applicants that are still waiting for AOR
I called CIC 2 days ago they told me they are reviewing applications received by Sept 29. I noticed other member on this forum posted similar CIC responses last week.

So, you agree with the lawyer that applicant must have legal status at the time they apply.
Legal status at the time CIC reviewes the OWP application is irrelevant.

I hope this is true. Not sure if we should apply for reinstatement of status just in case ...

ROS may be redundant, but if his application is returned and he loses implied status, it will have been money well spent. Yough call.



Oh...and legal status when CIC receives and reviews/processes the OWP IS very much relevant, because without that he wouldn't qualify for the pilot OWP...and, it is also what gives a person implied status; the Inland application alone does nothing to provide implied status.

 

[JamesBox]

This is interesting, and maybe relevant to me in the near future.

I submitted a visitor visa extension on Dec 22nd 2015. And will submit my inland and OWP application on March 1st. I was under the impression, once they receive my OWP application I'd be on Implied Status for that, making the visitor visa extension implied status redundant...

What are you thoughts on this?

Do you think if they refuse my Visitor Visa application before they start processing my OWP (Be around July with current processing times) I'd be out of status? Despite being in status when they received my PR and OWP application?

Thanks -

 

[laraTO]

I just received an email from Vegreville office in regards to OWP that makes no sense:

No action is being taken to process your OWP request for the following reasons:

[X] As a Foreign National in Canada you are not eligible to apply for an open work permit until
such time as you receive confirmation that your application for Permanent Residence will be
processed from within Canada. Your application for an open work permit will be considered at
the same time as your application for permanent residence and if the latter is accepted, the
open work permit will be issued to you.

We applied for PR and OWP at the same time. Send application package to Mississauga office.
I dont understand their response ...

Anyone??
??? ???

 

[Aquakitty]

I just received an email from Vegreville office in regards to OWP that makes no sense:

No action is being taken to process your OWP request for the following reasons:

[X] As a Foreign National in Canada you are not eligible to apply for an open work permit until
such time as you receive confirmation that your application for Permanent Residence will be
processed from within Canada. Your application for an open work permit will be considered at
the same time as your application for permanent residence and if the latter is accepted, the
open work permit will be issued to you.

We applied for PR and OWP at the same time. Send application package to Mississauga office.
I dont understand their response ...

Anyone??
??? ???

Well that's another nice piece of work from CIC. Did they refund your money? Maybe it just means they are keeping the OWP application until you have AOR.

 

[JamesBox]

I just received an email from Vegreville office in regards to OWP that makes no sense:

No action is being taken to process your OWP request for the following reasons:

[X] As a Foreign National in Canada you are not eligible to apply for an open work permit until
such time as you receive confirmation that your application for Permanent Residence will be
processed from within Canada. Your application for an open work permit will be considered at
the same time as your application for permanent residence and if the latter is accepted, the
open work permit will be issued to you.

We applied for PR and OWP at the same time. Send application package to Mississauga office.
I dont understand their response ...

Anyone??
??? ???

I'm no expert, but to me that seems they haven't received your PR application? Maybe try get in touch to see if they have received it - we know they have as you sent both PR and OWP together!

 

[rambopg]

Or did they consider your PR application as Outland? Since they say we will process it once we know that your application is being processed in Canada.

 

[Ponga]

I'm no expert, but to me that seems they haven't received your PR application? Maybe try get in touch to see if they have received it - we know they have as you sent both PR and OWP together!

Or worse...

Maybe CIC thinks that the OP is out of status and therefore wouldn't qualify for an OWP until they reach AIP stage, which is when they actually start working on the applicant's portion of the package.

I say that, because it's happened before.

 

[scylla]

I just received an email from Vegreville office in regards to OWP that makes no sense:

No action is being taken to process your OWP request for the following reasons:

To me that message says that you will qualify for the OWP once you have first stage approval. In other words, they don't think you qualify for the OWP pilot. I think you would have been fine if you had submitted the application before the visit expired. However since you submitted the application while under implied status and then the extension application was refused - you have an issue. That's how I read it.

 

[JamesBox]

Ponga - I'd say you're on the money with that one. I've been reading up on this a whole lot yesterday and today, and according to CIC you must have valid status (worker, visitor, student) when submitting the OWP and PR app. They must think LaraTO was out of status when she submitted.

I'll be including all the info I received when I submitted by visitor extension.

In the case of LaraTO would she legally be able to stay until she receives the OWP/AIP stage?