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Common-law sponsorship, Out of status, How to include a work permit?

J

juhanjuhanjuhan

Star Member
Feb 1, 2015
128
19
I am a little confused with how this process goes. From what I read, my partner who is the principal applicant can apply for a work permit during the common law sponsorship process. I've read somewhere that he needs to have a valid visa and if he is out of status, needs to apply for restoration of his status first. Is this how it works or can he submit an application without applying for restoration?

Many thanks for the answers ahead!
 
Your common law partner is only eligible to apply for open work permit only if he/she has a valid status while applying for the sponsorship.

If he/she has a reasonable time to apply for restoration i would highly suggest to apply for it.

You can apply for common law sponsorship without applying for open work permit. However in this case your partner cannot work until they receive PR.
 
Iceandspice123 said:
Your common law partner is only eligible to apply for open work permit only if he/she has a valid status while applying for the sponsorship.

If he/she has a reasonable time to apply for restoration i would highly suggest to apply for it.

You can apply for common law sponsorship without applying for open work permit. However in this case your partner cannot work until they receive PR.
Click to expand...

May I know how long does restoration usually takes? And can it be done online?
 
juhanjuhanjuhan said:
Ya I thought the same. May I know how long does an AIP get's issued?
Click to expand...
AIP is typically reach near the endof the application process. So with COVID, you may be looking at anything from 9 months to 1.5 years or more.
No one knows.
 
juhanjuhanjuhan said:
Unfortunately it's almost a year. March 27 2020 to be exact.
Click to expand...

There is a new policy concerning restoration due to covid 19, if your partner became out of status, he can apply for restoration.
Specifically from the IRCC website.


If it’s been more than 90 days since your status expired
You have until August 31, 2021, to apply to restore your status if

  • you had valid status on or after January 30, 2020, and your status expired on or before May 31, 2021
  • you’re still in Canada
Most people have to apply online to extend their stay in Canada as a temporary resident. There are some people who may not be able to apply online.


This is the link that gives that information:

https://www.canada.ca/en/immigratio...s-covid19/restoration-extension-trv.html#more
 
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Ude said:
There is a new policy concerning restoration due to covid 19, if your partner became out of status, he can apply for restoration.
Specifically from the IRCC website.


If it’s been more than 90 days since your status expired
You have until August 31, 2021, to apply to restore your status if

  • you had valid status on or after January 30, 2020, and your status expired on or before May 31, 2021
  • you’re still in Canada
Most people have to apply online to extend their stay in Canada as a temporary resident. There are some people who may not be able to apply online.


This is the link that gives that information:

https://www.canada.ca/en/immigratio...s-covid19/restoration-extension-trv.html#more
Click to expand...


This is gold! thank you so much!
 
juhanjuhanjuhan said:
Do I have to wait for the restoration decision to include an open work permit for my spousal sponsorship?
Click to expand...

you can include it but it won’t be treated until the restoration is done.
Hence the need to start the restoration process now because that takes time.
 
Iceandspice123 said:
Your common law partner is only eligible to apply for open work permit only if he/she has a valid status while applying for the sponsorship.

If he/she has a reasonable time to apply for restoration i would highly suggest to apply for it.

You can apply for common law sponsorship without applying for open work permit. However in this case your partner cannot work until they receive PR.
Click to expand...

Hi there,

I have a question. I came here in Canada on TRV, im implied status cause i havent heard from IRCC from my extention and I will be 1 year next month and we are planning to apply for commonlaw inland+ owp.
My question is? Can I apply pr+owp even if i am implied status? Or i have to wait from IRCC if they approved my extention then thats the time i will submit my pr application?

Thank you so much. And be safe always.
 
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