Common Law Sponsorship

[looking for help_please]

Hi there,

my name is Alex and I am looking for some help for our sponsorship application and would appreciate any kind of comments.

I came to Canada in August 2012 with an open work permit and I have been living with my girlfriend who is a Canadian citizen since then. I found a job last January and worked there until I got laid off a few weeks ago. I applied for a work permit extension before my old open work permit expired and before I got laid off from work. The application got rejected on the basis that I didn´t supply an LMO. In the refusal email CIC mentioned that I could try to restore my status within 90 days. My work permit expired at the beginning of August.

We are going to apply for sponsorship soon but we don´t know how we should proceed. CIC told me that I have to apply for a restoration of my status as a visitor, send an application for an open work permit and the sponsorship application. If we do so, I will not be able to get a new work permit until they approve step 1 which might take up to 10 months. Would it be better if we applied outland or inland, do I have to restore my status as a visitor? Has anyone been in a similar situation and knows what would be the best way to proceed?

I already took my medical examination in October 2012 and I read that they will expire after one year. If I apply for Sponsorship before that will it still be a problem if they expire within the process?

The other difficult situation is that I had travel insurance which I didn´t extend because I was getting benefits and coverage from the employer I just recently got laid off from. My girlfriend can put me under her benefits but we aren´t sure if that will work since I currently have no status or just the status as a visitor.

Thanks for any help you can give!

Alex & Jessica

 

[truesmile]

I'm not sure if you are eligible for "implied status" with an inland application, mind you CIC said you have 90 days to restore your status.

For your benefits question, if you are common-law, then you are common-law. If you can prove it to your GF's benefit carrier then certainly, get her to put you under her benefit plan. Your benefits coverage has nothing to do with your 'status' in Canada.

 

[looking for help_please]

Thanks for your answer.

Is it likely that they will restore my status to visitor if I send the restoration, application for work permit and sponsorship in one envelope?
Will I be a visitor until they approved step 1 of the sponsorship application? And will I receive an open work permit after step 1 as well?

Thanks,

Alex

 

[Line.a]

Thanks for your answer.

Is it likely that they will restore my status to visitor if I send the restoration, application for work permit and sponsorship in one envelope?
Will I be a visitor until they approved step 1 of the sponsorship application? And will I receive an open work permit after step 1 as well?

Thanks,

Alex

Hi Alex.

I most likely believe that yes you can restore your status, apply for your PR and inland app at the same time. Maybe apply to restore first and then send off the OWP and PR app to Vegreville.

As long as you guys can prove that you have lived together in a consecutive period of 12 months.

If you are from a visa excempt country you could apply Outland as well.. Then restore your status to visitor and wait for the answer.. Inland is a very long route, trust me. I'm 7 months into it so make sure to be financially prepared because you cannot work until you get AIP and your work permit is eligible then.

I'm not entirely sure if I'm right about you being on implied status, maybe ask Screech in the inland 2012 board he seems to know about the "implied status" deal.

- Line

 

[zardoz]

Not sure WHY you took a medical examination in October 2012 but you should take it again before you submit a sponsorship application. They do expire after a year and under your circumstances it is extremely unlikely that they would consider the internal extension request option.