Confused about Work Permit for out- of- status spouse

[accb]

If a out-of-status spouse is sponsored inland can that spouse apply for a open work permit once application is approved in principle?
Or is this open work-permit only for Inland spousal sponsorship with legal status?

 

[Ponga]

Once the applicant has AIP they can then apply for the OWP.

Previously, the OWP could be included with the Inland application (in the same package), but it looks like that has changed.

 

[canuck78]

AIP is at the very end of the application so there is a good chance PR will be received before actually getting the OWP.

 

[Ponga]

AIP is at the very end of the application so there is a good chance PR will be received before actually getting the OWP.

Did that change? Previously (at least as of 2015) AIP was not exactly the final stage. Criminality, security, background, medical were after AIP.
(detailed in IP-08 [Inland Processing manual]).

I do agree that chances are good that a positive PR decision after AIP is probably faster that waiting for the OWP.

 

[YVR123]

Did that change? Previously (at least as of 2015) AIP was not exactly the final stage. Criminality, security, background, medical were after AIP.
(detailed in IP-08 [Inland Processing manual]).

I do agree that chances are good that a positive PR decision after AIP is probably faster that waiting for the OWP.

We applied in 2012/2013 inland and AIP was after medical, criminality, security and background. We got the OWP then we have landing interview in a month or so.

 

[canuck78]

Did that change? Previously (at least as of 2015) AIP was not exactly the final stage. Criminality, security, background, medical were after AIP.
(detailed in IP-08 [Inland Processing manual]).

I do agree that chances are good that a positive PR decision after AIP is probably faster that waiting for the OWP.

Maybe you are confusing elligibility for an OWP. If you have status that would come earlier but without status that would only come with AIP which is essentially at the very end before final approval and after medical and background checks.

 

[Ponga]

We applied in 2012/2013 inland and AIP was after medical, criminality, security and background. We got the OWP then we have landing interview in a month or so.

Interesting. The AIP letter that is sent (prior to 2016) contained the following:
Appendix B—Letter to applicant/Approval letter/Eligibility
PRELIMINARY/INITIAL APPROVAL TEMPLATE DRAFT

This letter acknowledges receipt of your application for permanent resident status in Canada.
It has been determined that you meet the eligibility requirements to apply for permanent resident status as a member of the spouse or common-law partner in Canada class. However, a final decision will not be made until all remaining requirements for becoming a permanent resident have been met. These requirements include medical, security and background checks for you and, if applicable, all of your family members, both in Canada and abroad, even if they are not applying to join you in Canada at this time. You cannot become a permanent resident until you and all your family members have met these requirements.

 

[Ponga]

Maybe you are confusing elligibility for an OWP. If you have status that would come earlier but without status that would only come with AIP which is essentially at the very end before final approval and after medical and background checks.

No. This was clearly detailed in IP-8, page 44. But...IP 8 has since been revised and no longer `shows' the flowchart that was in the previous version. You can see it here, if you're curious about historical data. LOL!
http://overseastudent.ca/migratetocanada/IMMGuide/CICManual/ip/ip08-eng.pdf

 

[canuck78]

No. This was clearly detailed in IP-8, page 44. But...IP 8 has since been revised and no longer `shows' the flowchart that was in the previous version. You can see it here, if you're curious about historical data. LOL!
http://overseastudent.ca/migratetocanada/IMMGuide/CICManual/ip/ip08-eng.pdf

I guess they changed what they determined was AIP. The process hasn’t changed so not sure if a spouse without status would have ever qualified for OWP before 2016.

 

[RYBanker]

edit foot in mouth... ignore me.

You may apply for a OWP once you receive AOR which is the first part of spousal sponsorship. I submitted my PR package on April 8 and got AOR on May 10. OWP came in June. AIP came Aug 25.

You only must wait for AIP IF the PA does not currently have existing status.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1163&top=17

 

[Ponga]

I guess they changed what they determined was AIP. The process hasn’t changed so not sure if a spouse without status would have ever qualified for OWP before 2016.

Prior to 2016 an applicant could have included the OWP with the Inland application, but it would not be processed until the applicant reached AIP. I suspect that now, the OWP cannot be submitted (has to be online apparently) until they receive AOR, but...I suspect the same applies; not processed until they have AIP.

 

[canuck78]

All of this is wrong.

You may apply for a OWP once you receive AOR which is the first part of spousal sponsorship. I submitted my PR package on April 8 and got AOR on May 10. OWP came in June. AIP came Aug 25.

You only must wait for AIP IF the PA does not currently have existing status.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1163&top=17

OP doesn’t have status so not wrong. We are discussing all of this is context of applying with spouse who is out of status.

 

[canuck78]

Prior to 2016 an applicant could have included the OWP with the Inland application, but it would not be processed until the applicant reached AIP. I suspect that now, the OWP cannot be submitted (has to be online apparently) until they receive AOR, but...I suspect the same applies; not processed until they have AIP.

This is a very recent change as applications have been moved to online only. Until this summer you could include OWP with spousal application.

 

[KJH85]

If a out-of-status spouse is sponsored inland can that spouse apply for a open work permit once application is approved in principle?
Or is this open work-permit only for Inland spousal sponsorship with legal status?

In the same boat here. You are allowed to apply for an OWP if you are out of status, as long as you've been approved in principle.

I'm trying to figure out if it's worth it or not. If we apply for an OWP, and end up getting PR before the OWP is granted, do they reimburse you for the OWP application fees?

 

[canuck78]

In the same boat here. You are allowed to apply for an OWP if you are out of status, as long as you've been approved in principle.

I'm trying to figure out if it's worth it or not. If we apply for an OWP, and end up getting PR before the OWP is granted, do they reimburse you for the OWP application fees?

Seems like many are getting partial reimbursement.