Common Law-Expired Work Permit- Not Divorced Yet

[Tinytinny16]

Hi , I have 3 concerns. My work permit expired 2 years ago and was not lucky to be approved for one though I had an employer who was trying to sponsor me as arranged employment. The reason was my ex won't cooperate So I decided to file a divorce. Yet my divorce was not done yet. It was rejected due to some errors. Now i am out of status. But I legally worked here to other employers 3 years prior to that. Now this month is my bf's and my anniversary when we started dating. He stayed with me for 5 days when he was on days off for he was working out of town. ( But we were close friends 3 years before that). But started living with him sometime in June. Now my questions are, 1) Can my bf still sponsor me under family class even though I am out of status? 2) Even though my divorce has not yet done. But I have proofs that i filed. I have copies for that. 3) Can I count the time when we were dating? or the time when started living in together? where can we file it where its faster and surefire way? Inland or outside... Pls help me, i need your brilliant advices here... Thanks!

 

[herewecome]

For common law you need to have lived together for a year. What visa are you currently in Canada under?

 

[Tinytinny16]

Work visa. So our one year is in June...

 

[herewecome]

Yes, so just wait it out on your work visa. What do you mean by 'out of status'?

I can't comment on the non finalised divorce as I don't have insight into that.

 

[Tinytinny16]

That I am out of legal status since my worked permit expired already on December 2010.

 

[herewecome]

Ok so currently you are overstaying? Hopefully someone else can give you some advice that helps you out.

 

[Tinytinny16]

Yes. Thank you herewecome....

 

[Sweden]

you can only be sponsored by your partner if you qualify as common-law : living together for at least 12 months. You can not count the time where you were dating towards that. You will have to be able to prove that you have been living together for 12 months to qualify.

You can not be sponsored if you don't have a status in Canada - at least that's my understanding.
For inland, that's what it states in the guideline:

For the principal applicant and his or her dependent children

Passport

Passport pages showing the following information:

name,
date of birth,
issue and expiry dates,
the stamp made by a Canadian authority showing your most recent entry into Canada.
Format: Photocopies

Immigration document confirming your status in Canada

Examples:

visitor visa,
study permit,
work permit,
temporary resident permit (TRP),
document proving that you have legal status in Canada.
Format: Photocopies


the person needs first to get a status in Canada and then be sponsored inland - once the sponsorship has started the person gets implied status and no longer needs to maintain a legal status in Canada, but it needs to be there in the first place.

At least - that's my understanding of the guideline.

For outland, you also need to maintain a valid status in Canada, or apply when you are outside of Canada.

now - you have been out of status for a long time. I think your best bet would be to leave the country before you get caught - if you get deported, it will make it much harder to come back to Canada and it will be a red flag on your application.

I'm not sure what the best solution is, and I think you need a lawyer, as you need legal advice.

I would say that to do thing correctly, you should : finalise your divorce, get married to your current partner, and leave the country.( not necessarily in that order - finalise your divorce, leave the country, and have your current partner come to your country, or a third country if you can not get married in your own country, and get married to him). Then apply as married couple, outland, and wait for the PR to be issued to come back to Canada. If you leave voluntarily before being caught and deported, it will be easier to come back.

Otherwise, you will have to apply for an ARC - Authorisation to Return to Canada, and it will delay your file + add a red flag to your PR application.

Maybe other senior members can offer more advice.
Good luck,
Sweden

 

[Tinytinny16]

Thank you so much Sweden this can help to plan ahead...

 

[Tinytinny16]

Hi another question. If i applied, granting that is 12 month cohabitation already, can i also apply for an open work permit together with my sponsorship from my common law partner?

 

[parker24]

Hi another question. If i applied, granting that is 12 month cohabitation already, can i also apply for an open work permit together with my sponsorship from my common law partner?

If you apply inland yes. But first you'd have to get through the 6 months for the first stage, and then they would process the work visa.

 

[Tinytinny16]

Thank you for the quick reply. So what forms or link would I use? Thanks...

 

[Tinytinny16]

Hi again Sweden, which form i should use? That is appropriate for my situation. Thank u again...

 

[gie2205]

kabayan, need mo consult sa lawyer. if you apply through inland, you need to submit your documents regarding your status, if cic would see that your docs are expired they might deport you.

 

[Tinytinny16]

Ganun ba gie, kasi may nakalagay na " You can apply as a sponsor if your spouse, common-law or conjugal partner, or accompanying dependent children live with you in Canada, even if they do not have legal status in Canada. However, all the other requirements must be met.... I hope tama ito... But thanks gie for the advice....