Common Law Sponsorship - Remaining in Canada in meantime

[mylo92]

I am currently living and working in Canada on a 2 year IEC Visa. My current visa expires mid November this year.

My girlfriend is going to sponsor me under common law as we have been together for 3 years and meet all of the requirements for common law.

We plan to submit our application from inside Canada and I want to apply for the open work permit so I can continue to work here whilst our application is being processed. Can I apply for this as soon as we have submitted the application and how long will this take to process? Also is it quicker to do this via CIC online or should we include this in our paper format application for sponsorship?

I am worried, as I said, my current visa expires in November. Can I remain here whilst waiting for the open work permit to be granted or will I have to leave the country and then return once the open work permit is granted?

Thanks in advance!

 

[EJH]

You need to send the Open Work Permit App WITH the Spousal App. It will take 3-4 months for the OWP to come through.
They need to be sent in paper format, as online is not available for Spousal apps.
I would suggest requesting a Change in Status to Visitor 30 days before your current IEC permit expires, as this allows you to remain in status and remain in Canada - this is what I did. Even if the Change of Status is not confirmed before your IEC expires, as long as the application has been received, you will have implied status to stay as a visitor.
You will not receive the spousal OWP if you are out of status.

 

[mylo92]

Thanks for the response.

I also have another option as my current employer is also willing to sponsor me. If I were to go down this route is there any way that i could continue working In Canada?

Also on a side note.. Do I have to apply for PR with the spousal application or can i apply for just spousal sponsorship only? I do not plan on being here super long term, I just want to be able to stay for the short term

 

[EJH]

Thanks for the response.

I also have another option as my current employer is also willing to sponsor me. If I were to go down this route is there any way that i could continue working In Canada?

Also on a side note.. Do I have to apply for PR with the spousal application or can i apply for just spousal sponsorship only? I do not plan on being here super long term, I just want to be able to stay for the short term

It is quite late to go the employer sponsored route, as it can take 3-4 months just to get the required Labour Market Impact Assessment. You would still have to stop working for a bit when your IEC expires.

Spousal sponsorship IS permanent residency.

 

[YVR123]

Thanks for the response.

I also have another option as my current employer is also willing to sponsor me. If I were to go down this route is there any way that i could continue working In Canada?

Also on a side note.. Do I have to apply for PR with the spousal application or can i apply for just spousal sponsorship only? I do not plan on being here super long term, I just want to be able to stay for the short term

You may want to look at your plans again.

Spousal sponsorship is to be sponsored to become permanent resident of Canada.
It's not equivalent of getting a short term visa or a temp work permit. There are commitments to retain your PR status.