Common Law

[Stvnh1991]

Hi guys,

Got myself into a bit of a pickle. So my before my open work permit expired (Oct 12th) I applied to extend my stay on September 1st with my intention to submit my common law visa afterwards. Took me a little longer to get my common law visa sent off as I was waiting on a police certificate from my home country of Ireland. Once I received that I sent my common law visa application in and it got to its destination on November 25th. I thought everything would've been fine as I was still on implied status but on Dec 3rd the extension I applied for was refused. Little confused on what I should do now. I haven't heard back from them saying they've received my common law application. Is restoration my only option? any help would be greatly appreciated.

 

[canuck78]

Hi guys,

Got myself into a bit of a pickle. So my before my open work permit expired (Oct 12th) I applied to extend my stay on September 1st with my intention to submit my common law visa afterwards. Took me a little longer to get my common law visa sent off as I was waiting on a police certificate from my home country of Ireland. Once I received that I sent my common law visa application in and it got to its destination on November 25th. I thought everything would've been fine as I was still on implied status but on Dec 3rd the extension I applied for was refused. Little confused on what I should do now. I haven't heard back from them saying they've received my common law application. Is restoration my only option? any help would be greatly appreciated.

How did you apply to extend your stay?

 

[scylla]

Hi guys,

Got myself into a bit of a pickle. So my before my open work permit expired (Oct 12th) I applied to extend my stay on September 1st with my intention to submit my common law visa afterwards. Took me a little longer to get my common law visa sent off as I was waiting on a police certificate from my home country of Ireland. Once I received that I sent my common law visa application in and it got to its destination on November 25th. I thought everything would've been fine as I was still on implied status but on Dec 3rd the extension I applied for was refused. Little confused on what I should do now. I haven't heard back from them saying they've received my common law application. Is restoration my only option? any help would be greatly appreciated.

Yes, you'll want to apply to restore your status. Right now you are in Canada without status since your extension was refused and because your sponsorship application + OWP was submitted after your work permit expired. Unfortunately you've lost implied status.

You can technically wait in Canada without status. However then you'll most likely be waiting a lot longer for your OWP to be approved. Best move is to restore your status.

I assume you stopped working on October 12th when your OWP expired.

 

[Stvnh1991]

How did you apply to extend your stay?

Applied for the extend or change conditions of your work permit online.

 

[scylla]

Applied for the extend or change conditions of your work permit online.

Do you mean that you applied to extend your OWP or that you applied to change your status to visitor?

What kind of OWP did you previously hold?

 

[scylla]

Just to add to my post above... I am assuming that when you submitted the inland spousal sponsorship application you also submitted an open work permit application along with the same package.

 

[Stvnh1991]

Do you mean that you applied to extend your OWP or that you applied to change your status to visitor?

What kind of OWP did you previously hold?

Yes I applied to extend my OWP. Sorry my head is all over the place with this. Spoke with a lawyer beforehand and he said everything would be fine but clearly it wasn't the case. So back in 2018 I applied for my common law visa and I added an OWP along with the application. That was accepted in early 2019 but my common law was rejected. Didn't satisfy the officer that it was a legitimate relationship. Waiting a little bit longer gave us tones more evidence we could give applying for common law now.

When I did submit my common law for the second time I continually tried to link it to the extension I applied for online but they had no recognition of it. Also tried writing on the IRCC webform but they never reply to my query's.

 

[Stvnh1991]

Just to add to my post above... I am assuming that when you submitted the inland spousal sponsorship application you also submitted an open work permit application along with the same package.

Unfortunately the lawyer I was talking to said I didnt have to because I already submitted for an extension. :/

 

[scylla]

Yes I applied to extend my OWP. Sorry my head is all over the place with this. Spoke with a lawyer beforehand and he said everything would be fine but clearly it wasn't the case. So back in 2018 I applied for my common law visa and I added an OWP along with the application. That was accepted in early 2019 but my common law was rejected. Didn't satisfy the officer that it was a legitimate relationship. Waiting a little bit longer gave us tones more evidence we could give applying for common law now.

When I did submit my common law for the second time I continually tried to link it to the extension I applied for online but they had no recognition of it. Also tried writing on the IRCC webform but they never reply to my query's.

The extension to your OWP was going to be refused. That was a given. There was never any chance this was going to be approved. Not sure why your lawyer said everything was going to be OK.

The way you should have played this was to change your status to visitor before your OWP expired. That would have kept you in status. Or alternatively, you should have submitted the spousal sponsorship application before your OWP expired. That would have worked too. The extension never had any chance of working.

Anyway, what's done is done. Assume you stopped working as soon as you were refused. If not, you need to stop immediately.

Submit the application to restore your status as soon as you can. They are taking a while to process these days.

 

[scylla]

Unfortunately the lawyer I was talking to said I didnt have to because I already submitted for an extension. :/

This is way wrong. You need to find a new lawyer. Or just do it yourself.

Anyway, start by applying restoring your status. That's your next step.

It's going to be a while before you can work again unfortunately.

 

[Stvnh1991]

The extension to your OWP was going to be refused. That was a given. There was never any chance this was going to be approved. Not sure why your lawyer said everything was going to be OK.

The way you should have played this was to change your status to visitor before your OWP expired. That would have kept you in status. Or alternatively, you should have submitted the spousal sponsorship application before your OWP expired. That would have worked too. The extension never had any chance of working.

Anyway, what's done is done. Assume you stopped working as soon as you were refused. If not, you need to stop immediately.

Submit the application to restore your status as soon as you can. They are taking a while to process these days.

Damn, feel now he just wanted my money. I stopped working. I will be applying to restore my status but will my common law application still be processed?

 

[Stvnh1991]

This is way wrong. You need to find a new lawyer. Or just do it yourself.

Anyway, start by applying restoring your status. That's your next step.

It's going to be a while before you can work again unfortunately.

Thank you very much for your help. Really appreciate it

 

[scylla]

Damn, feel now he just wanted my money. I stopped working. I will be applying to restore my status but will my common law application still be processed?

Yes, the common law application will still be processed.

Your lawyer lacks a basic understanding of immigration processes. None of us here are lawyers and we know these rules.

Ask for a refund.

 

[Stvnh1991]

Yes, the common law application will still be processed.

Your lawyer lacks a basic understanding of immigration processes. None of us here are lawyers and we know these rules.

Ask for a refund.

Definitely wont be using him again.

 

[k.h.p.]

Definitely wont be using him again.

Ask for a refund, and if he says no, ask him if his mis-advice has been reported to his Errors and Omissions insurer, or if you should be doing that for him, too.