Common Law Sponsor On IEC WHV From Australia

[GRETZKY99]

Hi this is doing my head in :-\

Quick rundown:

I'm 31 (i originally applied for the IEC WHV and was approved but due to finance/death in the family) I've had let this lapse, this visa expires on 28th Feb 2014.

My wife is 27 and as she has still 3yrs till she is ineligible to apply for the WHV she is fine but I'm not.

Can my wife apply for an IEV WHV but sponsor me as a common law? we have been living together for 5yrs and married for near 2 of them (we have all supporting documentation), proof of funds we have is $20k combined.

I did email the IEC and they emailed the if we take supporting documentation with us along with enough proof of funds that there should be now reason why i could not accompany my while for her whole duration on the IEC WHV 2yrs even though i dont meet the age requirement but she does.

Just going via an email response and flying from Australia all the way to Canada would be a let down if not accepted, can anyone shed some light on this, what there views are?

The email response is all i have to say that i would be accepted as i have tried calling to get a verbal response but no go on that as they only accept emails not phone calls to there office in Sydney.

 

[GRETZKY99]

This was the email response for IEC:

"On arrival at the Canadian port of entry, a person accompanying their spouse or common-law partner or parent who holds the IEC work permit may ask to be granted admission to Canada for a duration coinciding with their spouse or common-law partner or parent's IEC work permit but the Port of Entry Officer has the discretion to grant this or not. The spouse must provide a copy of the marriage certificate; the child, a copy of the birth certificate along with a written consent of the other non-accompanying parent if the child is travelling with only one parent; while the common-law partner must submit documentary evidence to show you have cohabited in an ongoing relationship for a minimum period of 12 months. This may include copies of documents such as: joint bank statements or statements to the same address; joint property ownership; superannuation beneficiary declaration/s; wills, etc. and include Statutory Declaration of Common Law Union"

 

[GRETZKY99]

Anyone any information/help please

 

[canuck_in_uk]

Hi

In order for you to get a work permit based on your wife's status, she would need to have a skilled job that is NOC 0, A or B.

If she doesn't have a NOC 0, A or B job, you can only enter as a visitor.

 

[GRETZKY99]

This was the email response for IEC:

"On arrival at the Canadian port of entry, a person accompanying their spouse or common-law partner or parent who holds the IEC work permit may ask to be granted admission to Canada for a duration coinciding with their spouse or common-law partner or parent's IEC work permit but the Port of Entry Officer has the discretion to grant this or not. The spouse must provide a copy of the marriage certificate; the child, a copy of the birth certificate along with a written consent of the other non-accompanying parent if the child is travelling with only one parent; while the common-law partner must submit documentary evidence to show you have cohabited in an ongoing relationship for a minimum period of 12 months. This may include copies of documents such as: joint bank statements or statements to the same address; joint property ownership; superannuation beneficiary declaration/s; wills, etc. and include Statutory Declaration of Common Law Union"

I read this response as if we take all supporting documentation that i can accompany me wife for her duration on the IEC WHV even though i dont meet the age requirement.

I have looked at NOC Codes and i fall under in Type B as a User Support Technician.

 

[canuck_in_uk]

I read this response as if we take all supporting documentation that i can accompany me wife for her duration on the IEC WHV even though i dont meet the age requirement.

I have looked at NOC Codes and i fall under in Type B as a User Support Technician.

No where in that email response does it say you will be granted a work permit; it simply states ADMISSION. This would be as a visitor, with no rights to work.

Your NOC code doesn't matter. As the work permit holder, your wife must have a NOC 0, A or B job in Canada for you to be able to apply for a work permit.

Have a look here http://www.cic.gc.ca/english/resources/manuals/bulletins/2013/ob490A.asp, at the section entitled "Work permits for spouses of IEC participants", specifically the highlighted box that states:

Note: If an IEC participant in the Working Holiday Program category holds only the Letter of Introduction, CIC cannot determine if the participant is employed in a NOC 0, A or B occupation and, therefore, cannot issue an open work permit to the participant’s spouse. Once the IEC open work permit holder can prove that they are employed in a NOC 0, A or B position (i.e., letter from their employer and pay stubs), their spouse may then apply under the LMO exemption C41. [/i]

 

[GRETZKY99]

No where in that email response does it say you will be granted a work permit; it simply states ADMISSION. This would be as a visitor, with no rights to work.

Your NOC code doesn't matter. As the work permit holder, your wife must have a NOC 0, A or B job in Canada for you to be able to apply for a work permit.

Have a look here http://www.cic.gc.ca/english/resources/manuals/bulletins/2013/ob490A.asp, at the section entitled "Work permits for spouses of IEC participants", specifically the highlighted box that states:

Note: If an IEC participant in the Working Holiday Program category holds only the Letter of Introduction, CIC cannot determine if the participant is employed in a NOC 0, A or B occupation and, therefore, cannot issue an open work permit to the participant's spouse. Once the IEC open work permit holder can prove that they are employed in a NOC 0, A or B position (i.e., letter from their employer and pay stubs), their spouse may then apply under the LMO exemption C41. [/i]

I didnt mean myself would get an open work permit granted to myself, i understood i would still be only entering Canada under a vistor status but i ment the duration period may/would be coinsiding with my wifes duration on her IEC WHV...so a regular visitor visa is for up to 6mths but being my wife could be in Canada for up to 2yrs i could be granted a 2yr stay as a visitor? or have i misunderstood all.

Just to clarify so if my wife get a job within a NOC 0, A or B position (along with letter from employer, etc) then i could apply for an LMO exemption? would this make me eligible to find work or just still continue on a visitor?

 

[canuck_in_uk]

I didnt mean myself would get an open work permit granted to myself, i understood i would still be only entering Canada under a vistor status but i ment the duration period may/would be coinsiding with my wifes duration on her IEC WHV...so a regular visitor visa is for up to 6mths but being my wife could be in Canada for up to 2yrs i could be granted a 2yr stay as a visitor? or have i misunderstood all.

Just to clarify so if my wife get a job within a NOC 0, A or B position (along with letter from employer, etc) then i could apply for an LMO exemption? would this make me eligible to find work or just still continue on a visitor?

Ah, OK. I thought your initial query was about getting a work permit when you entered.

It's possible you could be granted a 2 year stay when you initially enter; the officer could give you a visitor record valid until the same date as your wife's IEC. It's also possible that the officer might only give you 6 months or even less. If that happens though, you can always apply to extend your visitor status.

If your wife gets a NOC 0, A or B job, you can apply for an Open Work Permit. The OWP would be valid for the duration of her IEC visa and would allow you to work for any employer without having to obtain an LMO.