Common Law - Open Work Permit

[kathie16]

Hello!
I have a question in regards to the Open Work Permit. My partner and I are ready to fill the declaration of Common-Law (IMM 5409E) and take to it the notary to make our relationship of almost 3 years official. Our plan was applying for PR through the Common-Law sponsorship program and wait a few months until I could obtain the OWP through that; but I'm wondering, would it be possible for me to flagpole the border next week and obtain an OWP on arrival since my 6 months as a visitor in Canada will be over in a few months? I'm considering this option because a friend recently did it and obtained her OWP in the moment, but I'm not sure if that could work for a common law partner who hasn't submitted the PR application yet. We have joint credit cards, apartment lease signed together and she is a Canadian citizen.

 

[k.h.p.]

You can't just flagpole for an OWP unless you have some way of being eligible for an OWP. People who flagpole and get an OWP have either a NAFTA job and a job offer, or are dependent spouses of people in Canada on a work permit or student permit.

Since your partner is a citizen, you have no immediate right to an OWP and cannot get one by just appearing at a border station. You need to apply for PR and receive one as part of that process.

In applying for PR, the statutory declaration will help. But it won't be enough. Did you and your partner live together for a year at least? Do you have proof of cohabitation? Just being in the relationship for three years isn't enough, you need to have shared an address for at least twelve months.

You say your six months as a visitor is about to expire. So you must have lived together for a year prior to submitting the application, in another country I suppose?

 

[kathie16]

You can't just flagpole for an OWP unless you have some way of being eligible for an OWP. People who flagpole and get an OWP have either a NAFTA job and a job offer, or are dependent spouses of people in Canada on a work permit or student permit.

Since your partner is a citizen, you have no immediate right to an OWP and cannot get one by just appearing at a border station. You need to apply for PR and receive one as part of that process.

In applying for PR, the statutory declaration will help. But it won't be enough. Did you and your partner live together for a year at least? Do you have proof of cohabitation? Just being in the relationship for three years isn't enough, you need to have shared an address for at least twelve months.

You say your six months as a visitor is about to expire. So you must have lived together for a year prior to submitting the application, in another country I suppose?

Hey!
Thank you for your reply. Yeah I was not sure if I was entitled as well to an OWP on arrival but since couldn't find much info about it decided to ask here. Thanks for clearing that up!

Yeah, we have lived together for more than one year counting the month and a half she stayed with me back in my home country (May 2018) and our stay in Canada (arrived June 2018).
Actually, we've lived together most of our relationship but since we were travellers (hotels, couch-surfing, staying with friends) it's a bit hard to enclose paperwork for that (we do have plenty of photos for proof though). The longest time separate was from July 2017 to May 2018 because of her work and mine.

We signed a lease here last year in July and went on holidays out of the country two times in December for a month and two weeks the last month. My visitor visa expires in 2021 but I read that is only allowed to stay 6 months per year. This year it would be already 3 months I'm here and if I apply to PR soon my OWP might not arrived in time before my 6 months are done. Do you know if an extension of stay on a visitor visa is allowed in this case? Just worried about my status after I apply to PR since I can't leave the country after I submit it.