Immigration Newsweek
REGULAR IMMIGRATION PROCESSING HAS RESUMED
Immigration Newsweek
By Atty. Henry Moyal
- I sent an application to Case Processing Centre in Sydney, NS to sponsor my wife in the Philippines in February 2020. I have heard nothing since then. It has been over six months and I am wondering why I did not receive any acknowledgment and if this will delay the entire application?
- Processing at the Case Processing Centre in Sydney came to a halt on March 15, 2020. While applications were still being received, not much has happened by way of processing due to Covid-19 and limited resources. Processing resumed on July 29, 2020 and they have now started to send out acknowledgments of applications filed in January 2020. So you can assume the same processing times you were experiencing before the pandemic with a few months months added on. Hopefully they will start to close the gap as there is no doubt that the number of applications filed since March 2020 was significantly low (er) due to the difficulty in obtaining documents to file the actual application.
- I’m on an IEC open work permit holder. It is expiring in one month. I recently married a Filipina Canadian woman and we want to file the sponsorship together with my open work permit. If I file the work permit before the IEC expires, will I be able to continue to work or do I need to wait until I receive the spousal sponsorship work permit.?
- The law states that an applicant may work in Canada without a work permit “until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date;
Further, the law states that an applicant may apply for the renewal of their work permit if
(a) the application is made before their work permit expires; and
(b) they have complied with all conditions imposed on their entry into Canada.
Is your IEC work permit an open work permit? Are you applying before the expiry?
Did you comply with the conditions of the IEC work permit?
If yes to all of the above, then in my opinion, the answer to your question is yes. You have implied status and you can work.
- I sponsored my wife who lives in Manila over a year ago. Her immigrant visa was ready in December 2019 but she could not travel to Canada as her mother was ill. Then came Covid-19 and her COPR has now expired.
Do I need to sponsor her all over again?
- You should contact IRCC to let them know that you were not able to travel. In general, if COPR was issued before March 18, 2020, an applicant
- is exempt from the travel restrictions
- can travel to Canada for non-discretionary reasons with the COPR and PRV in order to settle and live in Canada as a permanent resident and
- must have an acceptable plan to quarantine for 14 days in Canada
Applicants must check the issue date in the Application Details section of their COPR to see if this applies to them.
Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193
