can my common law spouse apply for a bridging work permit?

[cd1986]

I am sponsoring my common law partner for permanent residency through family class sponsorship (I am a Canadian citizen). We got a late start on his application and his work visa expires in June (he is Irish and was here on a 2 year visa).

Is he able to apply for a bridging work visa? From the CIC website, it looks like the option is only open to economic class PR applicants, but just wondering if there is a loophole that will buy us a few months time and allow him to continue working in Canada.

If not, does anyone know if he can remain here on a visitor's visa as long as he stops working?

 

[bigredmoose]

There is no bridging visa for spousal sponsorship.

You could apply inland, and hope to get an OWP (open work permit) in maybe 4 months - but given that this program was only announced in December, nobody really knows how reliable this is. Furthermore, wait times for inland PR appoval are measured in years.

Once his work permit expires, he would be here without status. In other words, he wouldn't automatically become a visitor. He'd have to apply for it or maybe leave and return, but there's no guarantee they'll let him in if they feel it's not truly for a visit. Can he extend the work permit?

Best bet would be to apply outland so that you have PR quickly, and find a way to extend the work permit or get a visitor visa.

 

[cd1986]

Thanks for your reply. That's what I was afraid of.

I think that 2 years is the maximum for a work permit unless he is applying through PNP, which he can't do, as his job is considered "unskilled labour". Are you aware of any other way to extend his work permit?

If we apply for the Open Work Permit with our application package, but he has to leave Canada before his PR is approved, do you know if that would create issues, even if he doesn't try to re-enter Canada before he gets his PR?

Also, what happens if his visa expires before his OWP is approved?

 

[MilesAway]

If he applies inland and applies for an OWP, but leaves, that would essentially void his inland application, since the requirement is to live IN Canada.

If his visa expires before the OWP is approved, he would have implied status as a visitor.

 

[bigredmoose]

I don't know much about work permits in general, just what I've read about the OWP as part of the inland application process.

The OWP is only available to inland applicants. It is not advised to leave the country during an inland application because if he is denied re-entry for whatever reason, the application will be deemed abandoned. Technically, he can leave for short visits, but why risk it?

Apparently he will have implied status once he applies to extend the work permit. That might be the key to not falling out of status. The problem will come if the extension is denied. He'll then be out of status.

Check this out, see if it helps:

http://www.cic.gc.ca/english/helpcentre/answer.asp?q=188&t=17