Confused!!!!

[JayJay67890]

I lost my status in February 2016 then immigration said I have 3 months in which to apply for restoration of status if i meet the requirements. My Wife decided to sponsor so I sent off application for sponsorship, open work permit and restoration. Few months after I got my status restored and then I call them asking about the work permit and they said its going to take 16 MONTHS!!!!!!!!!! Are they being serious or they giving me misleading information?

 

[km9203]

I lost my status in February 2016 then immigration said I have 3 months in which to apply for restoration of status if i meet the requirements. My Wife decided to sponsor so I sent off application for sponsorship, open work permit and restoration. Few months after I got my status restored and then I call them asking about the work permit and they said its going to take 16 MONTHS!!!!!!!!!! Are they being serious or they giving me misleading information?

No that is true. Because you were out of status, you have to wait until you get AIP I believe to get your OWP, which according to CIC's website takes 16 months.

 

[JayJay67890]

wow thats crazy though so I am going to av to stay home for another year without work or drivers license? I also realized that some people in this forum that applied within 2016 already received permanent residency. They mentioned CIC trying to get rid of all the backlogs so this the part I don't get. The computer message also said that they are trying to process all 2016 applications within 4-6 months. So what is really happening?

 

[km9203]

wow thats crazy though so I am going to av to stay home for another year without work or drivers license? I also realized that some people in this forum that applied within 2016 already received permanent residency. They mentioned CIC trying to get rid of all the backlogs so this the part I don't get. The computer message also said that they are trying to process all 2016 applications within 4-6 months. So what is really happening?

Unfortunately, it seems that way unless they somehow process 2016 in super fast speed. I am applied July 2015 and still haven't heard anything since I got my OWP. It doesn't matter about the backlog, because you lost your status you will still have to wait the 16 months to get your OWP. If you get your PR before 16 months, then that won't matter though. No one really knows how cic is processing the apps.

 

[JayJay67890]

I should have applied for outland sponsorship then. This is really unbelievable!

 

[km9203]

I should have applied for outland sponsorship then. This is really unbelievable!

Yeah, that would have been better I think. Where are you from?

 

[JayJay67890]

Jamaica

 

[JayJay67890]

Is there anything I can do apart from waiting soo long?

 

[km9203]

Is there anything I can do apart from waiting soo long?

I am not sure. One of the more experienced members could answer this for you if they see it.

 

[JayJay67890]

The rule states that once you applied for an open work permit while you are out of status, you are no longer eligible right? However I am now in status so wouldn't that make me eligible?

 

[scylla]

The rule states that once you applied for an open work permit while you are out of status, you are no longer eligible right? However I am now in status so wouldn't that make me eligible?

What complicates the situation is that you were out of status at the time you applied (at the time your application was received by CIC). You could try submitting a second open work permit application now that you are back in status to see if they will process that one (since it will be received while you are in status).

 

[JayJay67890]

Its really unbelievable that CIC would take 16 months to process a work permit application and when I checked my status online, its says open and for Permanent residency it says background in process. How long do the take to complete a background check?

 

[canuck_in_uk]

Its really unbelievable that CIC would take 16 months to process a work permit application and when I checked my status online, its says open and for Permanent residency it says background in process. How long do the take to complete a background check?

They don't take 16 months to process a work permit app.

Applicants who apply without status must wait until after AIP, currently posted at 16 months, before becoming ELIGIBLE for the OWP. Basically, you failed to maintain your status and this is a consequence. As scylla said above, you can try applying again now that you are in status but there are no guarantees.

Background checks vary greatly depending on the person and can take many months or longer.

 

[JayJay67890]

Is there any other way out of this? Its just too long to wait for 16 months a bit impossible. Can a lawyer help in this situation?

 

[scylla]

There's nothing a lawyer can do.

Again, I would try submitting a second work permit.