Open work permit/residency

Old Oct 23rd 2012, 8:02 pm
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Default Open work permit/residency

Hi!, I am a permanent resident, currently under examination as I have been away from Canada for 30m years and I have (apparently) breached the terms of my residency - the upshot is I can't leave the country until my case is decided. My wife is here with me (in BC) on a visitor visa since Jule 2011, which has already been extended once but is about to expire. She cannot work legally without an Open-Work permit/visa. She has applied for one but is not expecting a reply until January 2013.

We are both very worried that if she is not granted the OWP/V she may have to return to the UK, while my positin hangs in a similar balance, but is not under such a time deadline.

I am a self-employted artist, hold a Canadian social security number/card, and grew up in Alberta from 1967 onwards when my family emigrated to the Edmonton area - at that time there was a positive immigration to Canada as they needed skilled people - my Dad was a draughtsman. I returned to the UK to attend Art College, and ended up staying for years.

Now the kids are adults/have their own lives, we are on our own and both decided it was time to return to Canada and enjoy our lives. The 'Canadian Dream'.

With the above worrying us we are becoming increasingly uncomfortable about the different permutations of what could happen. There is always a financial implication too, which dosen't help.

The way the beuracracy wroks here seems to be arbitrary at best, so we're increasingly feeling 'lost' and steeling ourselves in case we have to return to the UK and the Canadian dream is over.

I realize this is a long-shot.....Can anybody shed any light on what to expect, or have had a similar experience.

Any help greatly received!!
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Old Oct 23rd 2012, 8:31 pm
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Default Re: Open work permit/residency

Hi, and welcome to BE.

Can you clarify how long you've been out of Canada for? Your post says '30m years', so I assume that's a typo. I'm guessing though that you haven't spent the 2 years out of every 5 in Canada as required to maintain your PR status, are you applying under humanitarian grounds and if so, what case have you put forward (i.e. family there etc)? You didn't become a citizen while you were in Canada?

Also, you mention the open work permit, but how is your wife applying for this? An open work permit is usually only granted off the back of something else i.e. if you had a study permit or a Temp Work Permit, then your wife would get a Spousal Open Work Permit. So I'm unclear on how she is applying for one on her own?

We do have a couple of immigration pros on the forum who I'm sure will try and help if you can clarify a few details, hopefully PMM or Jim Humpries will see this thread and be able to give you some advice.

And I'm sure you've already read it, but just in case - http://www.cic.gc.ca/english/resourc...p/op10-eng.pdf

Good luck.

Last edited by christmasoompa; Oct 23rd 2012 at 8:34 pm.
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Old Oct 23rd 2012, 9:58 pm
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Default Re: Open work permit/residency

Hi,

Thanks for this.

To clarify your questions;

I've been away (on and off) for 30 years - I was a student initially and returned home each year for a few weeks for summer vacation etc.

Correct, I haven't been resident for 2 of 5 years, that's why my PR status is up for determination.

I applied in August 2011 under humanitarian grounds because of my elderly mother, who has since passed away. (Dad was already deceased).

I didn't formally become a citizen as I was a teenager and was oblivious to these things.

As far as I know my wife has sent off forms for an OWP on the back of her current visa, I'm unclear, but will check and get back to you with a clear answer for that.

Thanx for the link - I have read the document, and the part that pertains to me is the last paragraph of section 5.1, which states:

Persons who became permanent residents of Canada less than five years prior to the date of receipt of the application are governed by A28(2)(b)(i). This subsection of the Act allows new permanent residents to qualify under the residency obligation provided that they can potentially meet the 730-day criteria during the first five-year period immediately after their arrival in Canada.Even if a person resides away from Canada for up to three years following the date of first arrival in Canada, that person will retain permanent resident status as long as they still have the possibility of complying with the 730-days-in-Canada rule.

It is the section in bold that I think applies to me, but would welcome some further clarification - Many thanks.
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Old Oct 23rd 2012, 10:04 pm
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Default Re: Open work permit/residency

Your wife can't get an open work permit from a visitor visa, so do double check that, and hopefully PMM or Jim Humphries will see the thread and comment on your chances for getting PR reinstated.

My personal opinion is that you haven't got a chance if you've been out of Canada for 30 years or more (note that for PR status you're required to spend 2 years out of every 5 in Canada, not just in a 5 year period), and I can't see how your mother would help with humanitarian grounds if she's deceased? For humanitarian grounds you need to show that returning to your home country would cause you 'excessive hardship', but if you've been there for 30 years, I can't see how that applies?

But I'm only a layperson, and hopefully one of the pros will be able to help later on.

Best of luck.

Last edited by christmasoompa; Oct 23rd 2012 at 10:09 pm.
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Old Oct 24th 2012, 10:35 am
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Default Re: Open work permit/residency

Hi


Originally Posted by christmasoompa
Your wife can't get an open work permit from a visitor visa, so do double check that, and hopefully PMM or Jim Humphries will see the thread and comment on your chances for getting PR reinstated.

My personal opinion is that you haven't got a chance if you've been out of Canada for 30 years or more (note that for PR status you're required to spend 2 years out of every 5 in Canada, not just in a 5 year period), and I can't see how your mother would help with humanitarian grounds if she's deceased? For humanitarian grounds you need to show that returning to your home country would cause you 'excessive hardship', but if you've been there for 30 years, I can't see how that applies?

But I'm only a layperson, and hopefully one of the pros will be able to help later on.

Best of luck.
IMHO not a snowballs chance in H**L of winning the appeal. Outside Canada 30 years or so, obviously had a life overseas, raised children, a spouse with no connection to Canada.
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Old Oct 24th 2012, 10:56 am
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Default Re: Open work permit/residency

Hmm from an onlookers point of view the residency was lost, and when you came over on visits you were probably given a visitor permit, which would be the same I presume as when you came over to look after your mum?

I believe you would have to start the immigration process again, as a fresh applicant along with your wife - so be prepared to have your request denied and have to return to the UK.
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