Common-Law partner in Canada as a student but student visa expires a month before 1 year cohabit

[riverphoenix]

Hi All! Would appreciate any advice.

My partner and I have been together for 1.6 years now. A year long distance (me in Canada as PR and him in our home country) and 6 months currently in Canada. We plan to do the spousal sponsorship a year when we started living together (July 6 this year). He is currently a student here and his visa will expire on Aug 17. If I submit the application a year after we have lived together will the one month overlap be enough before his visa expires? Will it therefore be implied status since we are processing his sponsorship or will we need to extend his student/work permit?

Thank you.

 

[Wakki]

submit the inland common law sponsorship + OPW after living for 12 months and before the expiration your partner student visa......the inland spousal sponsorship does not grant implied status......its the OWP that will grant implied status.....the OWP will only be approved if the applicant has status e.g., visitor or student visa........then you at the same time submit an application to extend his student visa or visitor visa, so your partner remains in status just in case IRCC were to return your application package for whenever reason and need to re-submit......the OWP which grants implied status is only approved if the applicant has status when the application was received........also ensure you sign the forms and pay the correct fees $1040 for inland spousal sponsorship + $255 (100 + 155) for OWP.

 

[riverphoenix]

submit the inland common law sponsorship + OPW after living for 12 months and before the expiration your partner student visa......the inland spousal sponsorship does not grant implied status......its the OWP that will grant implied status.....the OWP will only be approved if the applicant has status e.g., visitor or student visa........then you at the same time submit an application to extend his student visa or visitor visa, so your partner remains in status just in case IRCC were to return your application package for whenever reason and need to re-submit......the OWP which grants implied status is only approved if the applicant has status when the application was received........also ensure you sign the forms and pay the correct fees $1040 for inland spousal sponsorship + $255 (100 + 155) for OWP.

Thank you so much for the response. It is very informative! My partner's Open Work Permit expires in May, before his student permit. Can I bridge the OWP with his expired one since it won't be past 90days when we file for his sponsorship? Will this give him implied status and allow him to work or we would have to wait for the decision before he can work?

 

[canuck_in_uk]

Thank you so much for the response. It is very informative! My partner's Open Work Permit expires in May, before his student permit. Can I bridge the OWP with his expired one since it won't be past 90days when we file for his sponsorship? Will this give him implied status and allow him to work or we would have to wait for the decision before he can work?

It is generally not possible to hold both an OWP and a study permit. In your previous posts, you refer to a co-op work permit. That is NOT an OWP and does not allow him to engage in employment outside of what is required for his co-op.

There is no bridging work permit in spousal apps.

When does he finish his studies? Will he qualify for an PGWP?

 

[riverphoenix]

He finishes in July, study permit expires in August and his program or DLI doesn't have a PGWP. So does that mean we then have to just start an OWP along with the sponsorship?

 

[canuck_in_uk]

He finishes in July, study permit expires in August and his program or DLI doesn't have a PGWP. So does that mean we then have to just start an OWP along with the sponsorship?

He can apply for the OWP and inland app. Given the little time between when the app will be submitted and his status expires, he should also apply for a visitor extension.