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Work Permit for couple in different countries (Please, I need help)

diogobruno

Newbie
Jun 29, 2016
6
0
Hi everyone, I received an email from CIC and I don't know what to do. I really need help.

First, let me explain the situation.

My wife is applying for a Stud Permit and I'm applying for a Open Work permit. My wife is in Brazil and I am in Canada as a visitor. She is the main applicant.

In the application, we had these choices very clear. We chose that she is in Brazil, I'm in Canada as a visitor and she is applying for a Stud Permit and I'm applying for a WP.

So, the system generates two forms for us. First, IMM1294 (Application for study permit made outside of Canada) for my wife. Second, IMM5710 (Application to change conditions, extend my stay or remain in Canada as a worker) for me. In the form, I chose the option "An initial work permit or a work permit with a new employer". So, it seems correct, right? I'm not in Brazil and I want to change from Visitor to Worker.

However, CIC sent me an email saying that I've applied in the Wrong Category (WP-EXT). It says that I should have applied for IMM1295 (Work Permit made outside of Canada(???)) and I need to start a new application in the right category (I cannot just send the new form). Ok, first I've tried to understand because my wife is outside of Canada and she is the main applicant. However, the only way to generate this form (IMM1295) is choosing that I'm not living in Canada, which would be a lie. Moreover, I didn't choose any form, the system gave me the forms based on my choices.

Now, my process is stuck since last week and I don't know what to do. I sent an email for CIC last week and they didn't respond me yet. I try to call and there is no agents available to answer the phone.

So, does anyone know this situation?

Thank you very much for the help.

Diogo
 

andy000

Hero Member
Aug 20, 2014
322
86
Category........
QSW
Visa Office......
Ottawa
NOC Code......
1111
App. Filed.......
09-11-2015 :Quebec . 18-11-2016 : Federal
Doc's Request.
26-05-2016 : Birth Certificate (Quebec). RPRF paid Upfront. Australian PCC sent with application.(Federal)
Nomination.....
10-06-2016 : CSQ.
AOR Received.
07-12-2015 : Quebec . 17-02-2017 : Federal.
IELTS Request
Sent With Application.
File Transfer...
17-02-2017.
Med's Request
04-04-2017.
Med's Done....
13-04-2017. Passed : 20-04-2017
Interview........
Waived.
Passport Req..
01-03-2018.
VISA ISSUED...
08-03-2018.
LANDED..........
01-05-2018
diogobruno said:
Hi everyone, I received an email from CIC and I don't know what to do. I really need help.

First, let me explain the situation.

My wife is applying for a Stud Permit and I'm applying for a Open Work permit. My wife is in Brazil and I am in Canada as a visitor. She is the main applicant.

In the application, we had these choices very clear. We chose that she is in Brazil, I'm in Canada as a visitor and she is applying for a Stud Permit and I'm applying for a WP.

So, the system generates two forms for us. First, IMM1294 (Application for study permit made outside of Canada) for my wife. Second, IMM5710 (Application to change conditions, extend my stay or remain in Canada as a worker) for me. In the form, I chose the option "An initial work permit or a work permit with a new employer". So, it seems correct, right? I'm not in Brazil and I want to change from Visitor to Worker.

However, CIC sent me an email saying that I've applied in the Wrong Category (WP-EXT). It says that I should have applied for IMM1295 (Work Permit made outside of Canada(???)) and I need to start a new application in the right category (I cannot just send the new form). Ok, first I've tried to understand because my wife is outside of Canada and she is the main applicant. However, the only way to generate this form (IMM1295) is choosing that I'm not living in Canada, which would be a lie. Moreover, I didn't choose any form, the system gave me the forms based on my choices.

Now, my process is stuck since last week and I don't know what to do. I sent an email for CIC last week and they didn't respond me yet. I try to call and there is no agents available to answer the phone.

So, does anyone know this situation?

Thank you very much for the help.

Diogo
With very few exceptions , you can not pass from one visitor status to a status of worker or student. The application must be made outside Canada , online or at the embassy responsible for your country of residence or citizenship (regardless of whether or not Canada out) Remember, it is essential to maintain its current visitor status until you have obtained your study permit or work.
 

diogobruno

Newbie
Jun 29, 2016
6
0
Hi andy000, sorry, but I didn't understand what I have to do.

Do I have to open a new application and put that I am not in Canada?

In this case, Do I have to pay again? My current application is in process, waiting for my steps.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,949
Hi


diogobruno said:
Hi andy000, sorry, but I didn't understand what I have to do.

Do I have to open a new application and put that I am not in Canada?

In this case, Do I have to pay again? My current application is in process, waiting for my steps.
1, You are not eligible for an open work permit, until your spouse is issued a study permit.
 

diogobruno

Newbie
Jun 29, 2016
6
0
PMM said:
Hi


1, You are not eligible for an open work permit, until your spouse is issued a study permit.
So, this is new for me, I didn't know that. What should I do now? Because the application is stuck waiting for my action, and the letter says that I have to open a new one.

Another thing. Does my application stuck my wife's applications or is independent?

Thanks again.
 

andy000

Hero Member
Aug 20, 2014
322
86
Category........
QSW
Visa Office......
Ottawa
NOC Code......
1111
App. Filed.......
09-11-2015 :Quebec . 18-11-2016 : Federal
Doc's Request.
26-05-2016 : Birth Certificate (Quebec). RPRF paid Upfront. Australian PCC sent with application.(Federal)
Nomination.....
10-06-2016 : CSQ.
AOR Received.
07-12-2015 : Quebec . 17-02-2017 : Federal.
IELTS Request
Sent With Application.
File Transfer...
17-02-2017.
Med's Request
04-04-2017.
Med's Done....
13-04-2017. Passed : 20-04-2017
Interview........
Waived.
Passport Req..
01-03-2018.
VISA ISSUED...
08-03-2018.
LANDED..........
01-05-2018
diogobruno said:
So, this is new for me, I didn't know that. What should I do now? Because the application is stuck waiting for my action, and the letter says that I have to open a new one.

Another thing. Does my application stuck my wife's applications or is independent?

Thanks again.
Sorry Diogo I misread about that you're Applying for An Open Work Permit i thought you had applied for a close one with a specific employer . Have a read to this link and check your elegibility, as PMM posted above your spouse should get granted first her Study permit.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=177&top=17
 

diogobruno

Newbie
Jun 29, 2016
6
0
So, we applied together. I don't understand because if I were in Brazil, we could apply the way that I did, even if she didn't have the study permit yet.

Anyway, now I just need to know what I can do because my application is waiting for an action. I sent an email for CIC 8 days ago and nothing yet. Any advice?

And about my wife's application. Is it stuck too or it is independent?

Thanks.
 

diogobruno

Newbie
Jun 29, 2016
6
0
Hi guys, I was thinking about canceling my application and let my wife's application processing.

Does everybody know if it is possible or Do I need to cancel both?

Thank you.
 

Sonata95

Hero Member
Jul 23, 2008
260
4
diogobruno said:
Hi guys, I was thinking about canceling my application and let my wife's application processing.

Does everybody know if it is possible or Do I need to cancel both?

Thank you.
The first your wife need apply study permit and get visa and then you can apply study permit inside Canada based on your wife study permit. You can not change visitor visa to OWP inside Canada if your wife have not yet got study permit