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Tag Archives: Open Work Permit

Mission Ambedkar  /  Blog  /  Open Work Permit
31 Jul 2020
EXPIRED-COPR-AND-PR-VISA-HOLDERS-MAY-TRAVEL-TO-CANADA

Expired COPR and PR visa holders may travel to Canada

Categories COPR, Coronavirus, COVID-19, immigration, immigration news, IRCC, IRCC Web Form, News, Permanent Immigration, Permanent Residence, PRV, Quarantine, Travel, travellors, visit 0 Comments

Canada’s immigration department has issued new guidelines that allow individuals with expired Confirmation of Permanent Residence (COPR) and Permanent Resident Visas to travel into the country. Immigration, Refugees & Citizenship Canada (IRCC) have issued different policies for holders of expired visas depending on whether they are traveling from the U.S. or other countries.

In order to qualify for the new guidelines, individuals outside the U.S. should have obtained their visa on or before March 18, while U.S. visa holders qualify irrespective of when they received their visa. Individuals intending to travel to Canada temporarily for optional or discretionary purposes, such as tourism, recreation and entertainment are not permitted under the exemptions. At the moment, only those individuals who wish to stay and settle as permanent residents in Canada are exempted from travel restrictions.

Group 1: Travelers from any country other than the U.S. with Valid COPR and PRV

The applicants who were issued COPR and PRV on or before March 18 fall under this category. They are exempted from travel restrictions, allowed to travel to Canada for non-discretionary reasons even with expired documentations and have to follow the mandatory 14-day quarantine plan.

Group 2: Travelers from the U.S. with Valid COPR and PRV

This group includes applicants from the U.S. who wish to travel to Canada for non-discretionary purposes; to settle and dwell in Canada. These travelers should have approved application status, with valid COPR and PRV, and should have an appropriate plan to quarantine for 14 days.

Group 3: Travelers from any other country other than the U.S. with Expired COPR and PRV

Group 3 comprises applicants who are ready to travel to Canada for permanent residence with possession of an expired COPR and PRV.  These applicants are required to contact IRCC using a web form where they need to provide expiry date of COPR and legitimate non-discretionary reasons for travel. Candidates will be directed to the suitable processing network after the web forms are received.

Group 4: Travelers from the U.S. with Expired COPR and PRV

This group consists of people travelling from the U.S. to Canada for non-discretionary reasons and wish to settle as permanent residents with expired COPR. The candidates need to submit a proof of approved application, and an acceptable quarantine plan for 14 days along with COPR and PRV documents.

Things to do for holders of expired COPR and PR visas

IRCC will prioritize clients with a detailed proposed or confirmed travel plan, or clients who show a willingness to book and confirm travel plans as soon as they are approved. Applicant and accompanying family member must meet the following eligibility criteria:

  • A valid COPR and PRV on or before March 18, 2020 and no specific date for U.S. based applicants or an expired COPR and PRV
  • A persuasive travel reason like need to tend to non-discretionary family matters, family reunification, need of immediate medical care, expiring status in the U.S. for economic reasons such as to support economic services and supply chains, critical infrastructure support
  • The country where you reside is not subject to exit controls that limit your ability to travel to Canada

Applicants should provide proof of the following:

  • An acceptable plan to quarantine for 14 days in Canada including proof of funds for purchasing groceries, medical care among other essential services;
  • An acceptable plan to settle such as documents to support your living situation in Canada (address, lease agreement, home ownership document) or employment plans in Canada (location of work, letter from employer);
  • A proposed travel itinerary, including pre-purchased travel tickets

Processing of new permanent residence applications 

New applications for permanent residence are currently accepted in Canada. New files with missing documents or are incomplete will be retained and reviewed within 90 days. Nevertheless, an explanation should be added to the application referencing service interruptions due to coronavirus-related travel restrictions if a new application lacks supporting documentation. If the explanation is vital, it may result in the application being promoted and reviewed within 90 days. New applications will be processed in the receiving order. normal procedures will be followed for new completed applications for permanent residence.

31 Jul 2020
Canada is extending the open work permit pilot program for spouse or common-law partner

Canada is extending the open work permit pilot program for spouse or common-law partner

Categories canada, Common-Law, IRCC, News, Permanent Immigration, Permanent Residence, Spouse, Work Permit 0 Comments

Canadian Government is extending the open work permit pilot for spouses and common-law partners applying for permanent residence under the spouse or common-law partner in Canada class until the regulatory changes come into force to permanently implement this policy.

Support for families is a priority for the Government, and these measures ensure that applicants can work and contribute to the economy. The extension of these measures provides certainty and stability to spouses and common-law partners in Canada who are awaiting their permanent resident status.

The open work permits are limited to applicants living in Canada who have submitted an application under the spouse or common-law partner in Canada class, and who have temporary resident status or are eligible to restore their temporary resident status (as a visitor, student or worker) and live at the same address as their sponsor.

Open Work Permit Pilot is for inland spousal and common-law sponsorship applicants. Inland sponsorship is for couples who are already living together in Canada.

 Eligibility

 Applicants should meet the following requirements: 

  • Permanent residence application should be submitted under the SCLPC class
  • The SCLPC class applicant should reside at the same address as the sponsor
  • The SCLPC class applicant should have valid temporary resident status (as a visitor, student, or worker), or should be eligible to restore their temporary resident status, and had submitted the restoration application with their application for permanent residence

 Who do not qualify for the open work permit pilot program? 

  • Applicants who have applied for permanent residence under the SCLPC class and have been refused or have withdrawn that application before submitting the open work permit pilot application
  • Applicants whose application for permanent residence is being processed under the spousal public policy on the basis that they do not have a valid temporary resident status (these applicants must wait until they receive approval in principle to be eligible to apply for an open work permit)
  • Applicants who have applied as members of the overseas family class, including those living in Canada
  • Applicants applying for the work permit pilot program at a port of entry
22 Apr 2020
Sponsoring Spouse and Common Law Partners during COVID-19 Pandemic

Sponsoring Spouse and Common Law Partners during COVID-19 Pandemic

Categories canada, Common-Law, COVID-19, immigration, immigration news, IRCC, News, Spouse, Work Permit 0 Comments

Special measures spurred by the COVID-19 outbreak will affect couples differently depending on their application, and whether they are applying for inland or outland sponsorship. However, spouse and Common Law Partners can still submit their application during COVID-19 pandemic.

Out land Sponsorship

This program is pursued when the applicant (sponsored partner) is living outside of Canada. However, it is possible for an applicant living in Canada to apply through the out land program. This option may permit the applicant to travel in and out of Canada throughout the application process but it’s always discretion of Canadian immigration authority to decide whether the sponsored person may re-enter Canada or not. Out land application is processed through the visa office that serves the applicant’s country of origin or where they have resided legally for at least one year. IRCC is committed to issuing visas as quickly as possible in order to rapidly reunite families under this program. IRCC aims to process applications submitted through this program within 12 months.

In land Sponsorship

This program  is pursued when the couple is together in Canada and the foreign spouse/common-law partner has temporary status in Canada, either as a worker, student, or visitor. The person being sponsored may be eligible for an Open Work Permit, allowing to work for any employer in Canada while the sponsorship application is being processed.  If the applicant (sponsored partner) already has a work or study permit, he or she may continue to work or study as long as the permit is valid, however it is important to note that working and studying in Canada without valid status are illegal and may result in serious consequences for the sponsored person.

Applicants who wish to obtain an open work permit should apply at the same time that they apply for permanent residence. However, IRCC states that if a sponsored spouse or common-law partner has not submitted an application for an open work permit at the same time as their permanent residence application, he or she may still submit an application for an open work permit at a later stage. If the sponsorship application is refused, the applicant is required to leave Canada immediately at the end of his or her period of temporary stay. Moreover, if the sponsored person leaves Canada at any point while the application is being processed, there is no guarantee that he or she will be allowed to re-enter Canada, especially if he or she requires a visitor visa. IRCC aims to process applications submitted through this program within 12 months.

Note

  • Canada recognizes same-sex marriage, and same-sex partners may be eligible to apply under this category, provided they meet all eligibility requirements.
  • In most cases, there is no low-income-cut-off (LICO) for spouse, partner or dependent child sponsorship. However, if either a spouse or partner you’re sponsoring has as dependent child who has dependent children of their own, or a dependent child you are sponsoring has a dependent child of their own, you must meet a minimum LICO score, which is determined by the Canadian government each year.
  • The province of Quebec has its own immigration rules. After your application is received, IRCC will send you an email or letter with instructions about how to apply to the Quebec government to become a sponsor.

Incomplete applications may be accepted by IRCC

Immigration, Refugees and Citizenship Canada (IRCC) may accept incomplete applications provided that the documents are missing due to COVID-19 service disruptions. Couples who are submitting new sponsorship sponsorship applications, but are unable to provide the required supporting documentation must submit an explanation letter explaining the delays. Incomplete applications will be kept and reviewed in 90 days. If the application is still incomplete in 60 days, IRCC officers are instructed to request the missing documents with an additional 90-day deadline.

Contact us for consultation and assessment.

 

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