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BOWP OUTLAND COMMONLAW SPONSORSHIP

theduke7887

Newbie
May 7, 2014
4
0
Hey Guys

This is my first post, im sorry if this has already been covered but after searching for a few hours I cant find the info I need so any help would be great.

Ok so..... I moved to vancouver from the UK in January 2013 on an LMO and a closed work permit for two years. Things went great to begin with then my employer started his crap. Hours got cut from 40 per week to less than 10 most weeks which in turn ment I could no longer afford rent etc etc:

During my first few weeks I met a girl (Canadian Citizen) and things progressed pretty quickly, but for all the right reasons! When things started to get really bad with work we decided to move in together in May as i could no longer afford to live at my original address, so I was faced with choice of either going home or sticking around and hoping this mess would sort its self out. it didnt things with work got worse and worse until eventully being told in October 2013 that i basically didnt have a job anymore (this guy brought loads of guys over done the same to everyone)

ok so enough of the nitty gritty, me and my partner have lived together for a year now and things could not be better (shes the one) :p , so Im in the process of filling in my paper work for common-law sponsorship, I gather from posts here that outland is quicker than inland but my million dollar question is.... i have status in Canada until January 9th 2015 if we apply outland am I eligible for an open work permit after the assesment part of the application is complete-which i believe is around 34 days now or 4 months before my work permit is due to expire. Or am I only eligible for an open work permit if I apply Inland?

Any help on this would be great as Im really starting to panic about the fact of not being able to work for the next year and possibly returning home

Thanks guys
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi


theduke7887 said:
Hey Guys

This is my first post, im sorry if this has already been covered but after searching for a few hours I cant find the info I need so any help would be great.

Ok so..... I moved to vancouver from the UK in January 2013 on an LMO and a closed work permit for two years. Things went great to begin with then my employer started his crap. Hours got cut from 40 per week to less than 10 most weeks which in turn ment I could no longer afford rent etc etc:

During my first few weeks I met a girl (Canadian Citizen) and things progressed pretty quickly, but for all the right reasons! When things started to get really bad with work we decided to move in together in May as i could no longer afford to live at my original address, so I was faced with choice of either going home or sticking around and hoping this mess would sort its self out. it didnt things with work got worse and worse until eventully being told in October 2013 that i basically didnt have a job anymore (this guy brought loads of guys over done the same to everyone)

ok so enough of the nitty gritty, me and my partner have lived together for a year now and things could not be better (shes the one) :p , so Im in the process of filling in my paper work for common-law sponsorship, I gather from posts here that outland is quicker than inland but my million dollar question is.... i have status in Canada until January 9th 2015 if we apply outland am I eligible for an open work permit after the assesment part of the application is complete-which i believe is around 34 days now or 4 months before my work permit is due to expire. Or am I only eligible for an open work permit if I apply Inland?

Any help on this would be great as Im really starting to panic about the fact of not being able to work for the next year and possibly returning home

Thanks guys
1. No, out of Canada spousal applicants are not eligible for owps. If you applied "in-land" you are not eligible for an owp work permit until you receive 1st level approval, about 9 months.
 

sooke

Full Member
Dec 4, 2013
31
1
theduke7887 said:
Hey Guys

This is my first post, im sorry if this has already been covered but after searching for a few hours I cant find the info I need so any help would be great.

Ok so..... I moved to vancouver from the UK in January 2013 on an LMO and a closed work permit for two years. Things went great to begin with then my employer started his crap. Hours got cut from 40 per week to less than 10 most weeks which in turn ment I could no longer afford rent etc etc:

During my first few weeks I met a girl (Canadian Citizen) and things progressed pretty quickly, but for all the right reasons! When things started to get really bad with work we decided to move in together in May as i could no longer afford to live at my original address, so I was faced with choice of either going home or sticking around and hoping this mess would sort its self out. it didnt things with work got worse and worse until eventully being told in October 2013 that i basically didnt have a job anymore (this guy brought loads of guys over done the same to everyone)

ok so enough of the nitty gritty, me and my partner have lived together for a year now and things could not be better (shes the one) :p , so Im in the process of filling in my paper work for common-law sponsorship, I gather from posts here that outland is quicker than inland but my million dollar question is.... i have status in Canada until January 9th 2015 if we apply outland am I eligible for an open work permit after the assesment part of the application is complete-which i believe is around 34 days now or 4 months before my work permit is due to expire. Or am I only eligible for an open work permit if I apply Inland?

Any help on this would be great as Im really starting to panic about the fact of not being able to work for the next year and possibly returning home

Thanks guys
common law is 2 years how long have you been together?

if you are actually common law then apply outland to london

i did in oct 2013 and got my COPR within 6 months

forget inland, if you have the right to work then fine but if not 6 month sir so is not to bad - trust me i did 3 years - assuming you are common law that is
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
sooke said:
common law is 2 years how long have you been together?

if you are actually common law then apply outland to london

i did in oct 2013 and got my COPR within 6 months

forget inland, if you have the right to work then fine but if not 6 month sir so is not to bad - trust me i did 3 years - assuming you are common law that is
Common-law is 12 continuous months of cohabitation.
 

sooke

Full Member
Dec 4, 2013
31
1
zardoz said:
Common-law is 12 continuous months of cohabitation.
in which case an outland uk application is your best option - mine took only 6 months….make sure your application is thorough and you provide plenty of documentary back up evidence
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
sooke said:
i believe it is now 2 yrs
Sorry but it's a legal definition and has not changed. It's still 12 months. http://www.cic.gc.ca/english/helpcentre/answer.asp?q=346&t=14

http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-1.html#h-1
 

sooke

Full Member
Dec 4, 2013
31
1
zardoz said:
Sorry but it's a legal definition and has not changed. It's still 12 months. http://www.cic.gc.ca/english/helpcentre/answer.asp?q=346&t=14
why sorry zardoz, you're right.
 

theduke7887

Newbie
May 7, 2014
4
0
Thanks all!!

I was kinda hoping because I was already in Canada with status until January 2015 that i would be eligible for a BOWP just to keep me going until a decision has been made.

My main aim is to get back to work asap. CIC website gives 9 months for initial assessment "-inland" in which case I would then be able to apply for work permit......"OUTLAND" says 34 days for initial assessment and 11 months at London office

Is the 11 months set in stone or does it generally take longer?

like i said my my aim is working again as soon as possible so what do you guys see as my best option?

Thanks again all!
 

scylla

VIP Member
Jun 8, 2010
95,906
22,152
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
As PMM explained, the BOWP does not apply to spousal sponsorships.

The 11 months processing through London is certainly not set in stone (no CIC processing times are set in stone). This processing time reflects how long it took CIC to complete processing for 80% of applications. This means that Most people get through sooner and some much faster. This also means that 20% of applications took longer.
 

theduke7887

Newbie
May 7, 2014
4
0
Thanks for all the feedback guys, one more question....
Ive decided to go outland to the london office, according to the cic website im looking at around 13 months in total for phase 1&2. When my work permit expires on january 10th whats the chances of me going to border and being granted a tourist visa to stay here until hopefully my PR has been granted?

Thanks!!!!
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
As explained above, the processing times are how long it took to process 80% of apps. Straightforward apps will go through faster than that.

You don't need to go to the border. Around Dec 10th, apply online to change your status and extend your stay as a visitor. Include proof of the PR app and proof of finances.

http://www.cic.gc.ca/english/information/applications/visitor.asp
 

theduke7887

Newbie
May 7, 2014
4
0
Thanks once again for all the info guys,

I finished all the paperwork for common law sponsorship and got a lawyer friend to check it all over, few things to fix but hopefully get it sent off with in the next month.

I applied under under IEC when the quota opened in January and just recieved an email today saying I had a spot, sent the documents they requested and payed my fees so just a waiting game now for them to complete my "eligibility assessment" then hopefully the new open work permit and the common law sponsorship tie in nicely so I dont have to worry about this bulls##t again!

Any one know of any reasons i might be found ineligible??

Thanks
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
theduke7887 said:
I applied under under IEC when the quota opened in January and just recieved an email today saying I had a spot, sent the documents they requested and payed my fees so just a waiting game now for them to complete my "eligibility assessment" then hopefully the new open work permit and the common law sponsorship tie in nicely so I dont have to worry about this bulls##t again!

Any one know of any reasons i might be found ineligible??
That's nice that the IEC worked out for you while you wait out the PR process.

There really aren't that many reasons as to why a sponsorship app could be refused. Besides sponsor ineligibility (see here http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp), provided you can prove a genuine common-law relationship and you are not criminally inadmissible, your app will go through fine.