urgent help re: open work permit

[bakaharshita]

I was an international student from India (came here in late 2016) and my PGWP was approved in November 2022. I have been living with my partner since Fall 2019 and he is also an international student from Zimbabwe and is on a study permit (we met here). We moved in together in 2019 but never declared ourselves as common-law when we were applying to extend our study permits separately, and when I applied for PGWP after I graduated in June 2022. We have been selecting “Single” in all our application forms. My partner may be now eligible through me for an open work permit because we’re partners and can register for common-law with our province this month. What I am concerned about is if he applies for the work permit and declares us to be common-law in his application even though he hadn’t been doing so in the past, would that be perceived as misrepresentation? The only reasons we never declared ourselves to be common law because we didn’t know if we were seriously enough to be ready for that step yet and because it’s completely voluntary, not mandatory to do so in Manitoba. Please advise!

 

[scylla]

I was an international student from India (came here in late 2016) and my PGWP was approved in November 2022. I have been living with my partner since Fall 2019 and he is also an international student from Zimbabwe and is on a study permit (we met here). We moved in together in 2019 but never declared ourselves as common-law when we were applying to extend our study permits separately, and when I applied for PGWP after I graduated in June 2022. We have been selecting “Single” in all our application forms. My partner may be now eligible through me for an open work permit because we’re partners and can register for common-law with our province this month. What I am concerned about is if he applies for the work permit and declares us to be common-law in his application even though he hadn’t been doing so in the past, would that be perceived as misrepresentation? The only reasons we never declared ourselves to be common law because we didn’t know if we were seriously enough to be ready for that step yet and because it’s completely voluntary, not mandatory to do so in Manitoba. Please advise!

He should be fine to apply for the OWP provided he arrived in Canada after you.

Note that you are required by law to declare yourselves as common law to CRA and file your taxes as common law. You should have done so for your 2020 and 2021 tax returns.

 

[Copingwithlife]

I was an international student from India (came here in late 2016) and my PGWP was approved in November 2022. I have been living with my partner since Fall 2019 and he is also an international student from Zimbabwe and is on a study permit (we met here). We moved in together in 2019 but never declared ourselves as common-law when we were applying to extend our study permits separately, and when I applied for PGWP after I graduated in June 2022. We have been selecting “Single” in all our application forms. My partner may be now eligible through me for an open work permit because we’re partners and can register for common-law with our province this month. What I am concerned about is if he applies for the work permit and declares us to be common-law in his application even though he hadn’t been doing so in the past, would that be perceived as misrepresentation? The only reasons we never declared ourselves to be common law because we didn’t know if we were seriously enough to be ready for that step yet and because it’s completely voluntary, not mandatory to do so in Manitoba. Please advise!

As noted above you want to change your status to commonlaw with the CRA and do a T1 Adjustment for your 2020, 2021 returns . You may have received benefits based upon single filing , those will now be recalculated based upon commonlaw filing, and you’ll possibly be asked to repay any overpayment

 

[canuck78]

I was an international student from India (came here in late 2016) and my PGWP was approved in November 2022. I have been living with my partner since Fall 2019 and he is also an international student from Zimbabwe and is on a study permit (we met here). We moved in together in 2019 but never declared ourselves as common-law when we were applying to extend our study permits separately, and when I applied for PGWP after I graduated in June 2022. We have been selecting “Single” in all our application forms. My partner may be now eligible through me for an open work permit because we’re partners and can register for common-law with our province this month. What I am concerned about is if he applies for the work permit and declares us to be common-law in his application even though he hadn’t been doing so in the past, would that be perceived as misrepresentation? The only reasons we never declared ourselves to be common law because we didn’t know if we were seriously enough to be ready for that step yet and because it’s completely voluntary, not mandatory to do so in Manitoba. Please advise!

Not only should you be changing your status to common law with CRA you should also be submitting webforms to IRCC to change your status to common law on any application that was done after you had lived together for a year. Those previous applications will be referenced. Is your partner currently studying and have they been studying full-time? When will they graduate?

 

[LOLR1]

Agree with @canuck78. When I started my application for PR i was single, then some time later I was in a relationship which was considered common law and even my application was ending I had to contact immigration and let them now, even if my partner was not accompanying me in the application, they make us send documents and have another medical exam and such. They effectively reevaluate the application, at least nor from the beginning, just adds more months. But not disclosing that would be misrepresentation, which if found out in the future could retroactively cancel a PR/work permit. Just be honest with them and it will be good.