Applying for Common-Law Visa

[myers1811]

Hi,

Quick question.

I am currently living in England (which is where I am from) with my Canadian Fiance, we have lived here together for 2 years.

We are about to send our visa application for the common law visa (PR Included)

My question is, it can take up to 12 months for the visa to be approved but it's saying 129 days for the PR to be approved, does that mean I can work in Canada once that gets approved?

I am going there in November, so if it takes the full 129 days, it will be around January it gets approved, can I then work?

Thank you

 

[bian07]

It will be 12 months, possibly longer, considering new applications have not moved and people from February are still waiting to hear if their applications are ok. It could also be faster than 12 months but with covid I wouldnt count on that. Dont know where you're getting the 129 days from.

You would need to wait until your whole sponsorship application will be approved to work if you apply outland. If you apply from within canada you could include a work permit application and a few months after you applied you should get a work permit. That was before covid though, so right now everything is taking way longer.

 

[myers1811]

It will be 12 months, possibly longer, considering new applications have not moved and people from February are still waiting to hear if their applications are ok. It could also be faster than 12 months but with covid I wouldnt count on that. Dont know where you're getting the 129 days from.

You would need to wait until your whole sponsorship application will be approved to work if you apply outland. If you apply from within canada you could include a work permit application and a few months after you applied you should get a work permit. That was before covid though, so right now everything is taking way longer.

I understand the sponsorship visa will take 12 months but I was told that if my Permanent Residence gets approved, I can work.

I got the 129 days straight from the website.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html

 

[scylla]

I understand the sponsorship visa will take 12 months but I was told that if my Permanent Residence gets approved, I can work.

I got the 129 days straight from the website.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html

The 129 days is for the PR card - not the PR application. The PR card is only issued after your PR application has been approved and you have officially become a PR.

 

[myers1811]

The 129 days is for the PR card - not the PR application. The PR card is only issued after your PR application has been approved and you have officially become a PR.

Ahhh I see!

So, both the PR and the sponsorship is going to take at least 12 months??

That's bad I have bills to pay back here in England :/

 

[scylla]

I understand the sponsorship visa will take 12 months but I was told that if my Permanent Residence gets approved, I can work.

I got the 129 days straight from the website.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html

To see the processing times that apply to you (and that will determine when you can work), go to the link above, select "family sponsorship", then "spouse or common law partner living outside of Canada", then your country.

 

[scylla]

Ahhh I see!

So, both the PR and the sponsorship is going to take at least 12 months??

That's bad I have bills to pay back here in England :/

It's treated as one single application. Yes - approximately 12 months.

 

[myers1811]

It's treated as one single application. Yes - approximately 12 months.

Ahhh, that's not good!

Is there anything else I can apply for at the same time that would allow me to work?

Or anything I can apply for once I'm there?

 

[scylla]

Ahhh, that's not good!

Is there anything else I can apply for at the same time that would allow me to work?

Or anything I can apply for once I'm there?

Here are your options:

1) Do not apply for spousal sponsorship now. Wait until you are both in Canada and submit an open work permit along with an inland spousal sponsorship application (this option is only available if you apply from within Canada). The open work permit will be issued around 4-5 months after you submit the full application package. Both of you must be in Canada to submit the application package.
2) If you are the right age, look into securing an open work permit through the IEC program. The downsides with this option are that you have to be the right age and you have to be selected out of the pool. The UK program is always way over subscribed (meaning far more people applying than spots available), so impossible to guess if you will get lucky in the random draw. Also, the program is closed right now due to COVID-19 and we don't know when it will reopen.
3) Once you are in Canada, secure a job offer and approved LMIA from an employer so that you can apply for a closed work permit. Downsdies is that the LMIA process takes many months (with no guarantee of success) and it's very hard to find employers willing to go through the process. The employer has to prove no Canadian could be found for the role. So a lot more challenging right now given COVID-19 related unemployment rates.
4) Apply for spousal sponsorship now but delay your move until the application has been approved in a year.

 

[myers1811]

Here are your options:

1) Do not apply for spousal sponsorship now. Wait until you are both in Canada and submit an open work permit along with an inland spousal sponsorship application (this option is only available if you apply from within Canada). The open work permit will be issued around 4-5 months after you submit the full application package. Both of you must be in Canada to submit the application package.
2) If you are the right age, look into securing an open work permit through the IEC program. The downsides with this option are that you have to be the right age and you have to be selected out of the pool. The UK program is always way over subscribed (meaning far more people applying than spots available), so impossible to guess if you will get lucky in the random draw. Also, the program is closed right now due to COVID-19 and we don't know when it will reopen.
3) Once you are in Canada, secure a job offer and approved LMIA from an employer so that you can apply for a closed work permit. Downsdies is that the LMIA process takes many months (with no guarantee of success) and it's very hard to find employers willing to go through the process. The employer has to prove no Canadian could be found for the role. So a lot more challenging right now given COVID-19 related unemployment rates.
4) Apply for spousal sponsorship now but delay your move until the application has been approved in a year.

Thank you for your help, we both really appreciate it!

Option 1 sounds like the only likely one we can do.

So, we would just do the sponsorship and PR application as we originally planned but also apply for a open work permit at the same time?

Thank you

 

[myers1811]

Here are your options:

1) Do not apply for spousal sponsorship now. Wait until you are both in Canada and submit an open work permit along with an inland spousal sponsorship application (this option is only available if you apply from within Canada). The open work permit will be issued around 4-5 months after you submit the full application package. Both of you must be in Canada to submit the application package.
2) If you are the right age, look into securing an open work permit through the IEC program. The downsides with this option are that you have to be the right age and you have to be selected out of the pool. The UK program is always way over subscribed (meaning far more people applying than spots available), so impossible to guess if you will get lucky in the random draw. Also, the program is closed right now due to COVID-19 and we don't know when it will reopen.
3) Once you are in Canada, secure a job offer and approved LMIA from an employer so that you can apply for a closed work permit. Downsdies is that the LMIA process takes many months (with no guarantee of success) and it's very hard to find employers willing to go through the process. The employer has to prove no Canadian could be found for the role. So a lot more challenging right now given COVID-19 related unemployment rates.
4) Apply for spousal sponsorship now but delay your move until the application has been approved in a year.

Also, another thing, if we go for option 1. I can only be there for 6 months on an visitor visa thing. So surely I would have to leave just after getting my work permit?

 

[bian07]

Also, another thing, if we go for option 1. I can only be there for 6 months on an visitor visa thing. So surely I would have to leave just after getting my work permit?

You can extend your stay online as a visitor if it takes longer than 6 months for you to get the work permit and after that the work permit let's you stay in canada legally.

 

[myers1811]

You can extend your stay online as a visitor if it takes longer than 6 months for you to get the work permit and after that the work permit let's you stay in canada legally.

2 more questions from me.

To get an open work permit, do I need a job offer or does it need to be for a specific employer?

Also, I'm not allowed to work in Canada whilst I'm waiting for things to be approved but what if my employer here in England, allow me to work remotely (from home) which is what I'm doing now anyway due to covid and have been for 5 months so it can be done.

Would that still be technically "working in Canada"

 

[scylla]

2 more questions from me.

To get an open work permit, do I need a job offer or does it need to be for a specific employer?

Also, I'm not allowed to work in Canada whilst I'm waiting for things to be approved but what if my employer here in England, allow me to work remotely (from home) which is what I'm doing now anyway due to covid and have been for 5 months so it can be done.

Would that still be technically "working in Canada"

No job offer required.

You can work remotely for your employer in the UK provided they have no customer / clients in Canada and/or you are doing no business that involves Canada.

 

[myers1811]

Well, we sell customised clothing through our online website and have customers all over the world, including Canada.
I’m just customer service