Common-law spouse and Work permit

[EddyCo]

I read in many thread in this forum about Background check which cause delays in some cases to PR application, in case of PR application (Common-Law Spouse) which has a delay with CSIS (Expecting to be clear)

• How does it (Background Check in PR application) affecting the Work Permit application?
• Does it mean the Work Permit will be given only after the Background check is finished (although this is separated application)?

Thank you.

 

[scylla]

I read in many thread in this forum about Background check which cause delays in some cases to PR application, in case of PR application (Common-Law Spouse) which has a delay with CSIS (Expecting to be clear)

• How does it (Background Check in PR application) affecting the Work Permit application?
• Does it mean the Work Permit will be given only after the Background check is finished (although this is separated application)?

Thank you.

Background check has no impact on the OWP.

 

[EddyCo]

Thank you @scylla for your reply.
In case of application which accepted in Nov 2018 (both common-law & workpermit), what could be the delay with the workpermit? after calling IRCC i was told i just have to wait although the waiting time is above the normal time (over 7 months from accepted date)

 

[scylla]

Thank you @scylla for your reply.
In case of application which accepted in Nov 2018 (both common-law & workpermit), what could be the delay with the workpermit? after calling IRCC i was told i just have to wait although the waiting time is above the normal time (over 7 months from accepted date)

Did the applicant have valid status in Canada at the time you applied? Anything unusual about the applicant's background like an ongoing or refused refugee claim?

 

[EddyCo]

The application sent during a valid status in Canada, just recently status become 'Implied status'.
The applicant has a police complaint (in Canada) which was withdraw without trail nor conviction (withdraw charges).
No refugee or similar cases in the applicant history.
The applicant lived in Canada with OWP (spouse to international student) which expired (no option to renew since they not together anymore).

Thank you!

 

[EddyCo]

@scylla or someone from the forum,
Could you advice me what could be the reason for the delay?
How i can i ask for details regarding the OWP?
Thank you

 

[scylla]

@scylla or someone from the forum,
Could you advice me what could be the reason for the delay?
How i can i ask for details regarding the OWP?
Thank you

It's very hard to say. I would order your GCMS notes to find out (they will take a month to arrive).

It's possible IRCC has concerns about the relationship (given the applicant used to be married to an international student) and have put the OWP approval on hold for that reason. Also possible this has something to do with the police complaint (especially if that involved the former spouse). Hard to say...

 

[EddyCo]

Thank you again @scylla for your reply,
Yesterday we received a letter as below:

"It has been determined that you meet the eligibility requirements to apply for permanent
residence as a member of the spouse or common-law partner in Canada class....."​

What does it mean? What should we expect next?
Also, Does it mean they did not even start work on the OWP application?
Thank you !

from my CIC
Review of eligibility

We are reviewing whether you meet the eligibility requirements.​

Review of medical results

You do not need a medical exam. We will send you a message if this changes.​

Interview

You do not need an interview. We will send you a message if this changes.​

Biometrics

We do not need your fingerprints. We will send you a message if this changes.​

Background check

We are processing your background check. We will send you a message if we need more information.​

Final decision

Your application is in progress. We will send you a message once the final decision has been made.​

 

[canuck78]

Thank you @scylla for your reply.
In case of application which accepted in Nov 2018 (both common-law & workpermit), what could be the delay with the workpermit? after calling IRCC i was told i just have to wait although the waiting time is above the normal time (over 7 months from accepted date)

Did the person have status when they applied for common law with OWP?

 

[EddyCo]

Did the person have status when they applied for common law with OWP?

Yes, The principle applicant has a valid status before applying and just recently the status changed to implied status.
Please refer to my recent comment above regarding the letter received from IRCC, which i'm not sure what does it mean..

 

[canuck78]

Yes, The principle applicant has a valid status before applying and just recently the status changed to implied status.
Please refer to my recent comment above regarding the letter received from IRCC, which i'm not sure what does it mean..

When did the criminal issue get resolved?
When did the OWP expire (related to spouse of international student)?

 

[EddyCo]

The criminal issue resolved 9 months ago, all charges were withdraw.
OWP expired in end 2017 Approximately the date of the divorce, We left Canada for travel for several months and back to Canada together and lived together with joint lease, the visa was a visitor visa.

 

[canuck78]

The criminal issue resolved 9 months ago, all charges were withdraw.
OWP expired in end 2017 Approximately the date of the divorce, We left Canada for travel for several months and back to Canada together and lived together with joint lease, the visa was a visitor visa.

That is why everything is taking so long. Since you didn’t have status in Canada (you were just a visitor) you didn’t qualify to get an OWP in 4 months. You will be awarded an OWP when you receive AIP. Usually around 1 month before you get your COPR.

 

[EddyCo]

That is why everything is taking so long. Since you didn’t have status in Canada (you were just a visitor) you didn’t qualify to get an OWP in 4 months. You will be awarded an OWP when you receive AIP. Usually around 1 month before you get your COPR.

Thank you for your reply, that could be explain why the delay, i checked again and i could not find that if i am on visitor visa i could expect such a delay, also i called IRCC before applying asking if Visitor Visa is enough and i was told that it is..
Thank you.

 

[Linda_s74]

Thank you for your reply, that could be explain why the delay, i checked again and i could not find that if i am on visitor visa i could expect such a delay, also i called IRCC before applying asking if Visitor Visa is enough and i was told that it is..
Thank you.

The poster above is incorrect, you would definitely qualify as long as you applied inland, have valid status (incl. Visitor) and lived with your spouse/common law partner. Some people met the eligibility requirements for OWP but were still required to wait so you may have been part of the unlucky few.
In any case, the letter you received is AIP, which means you've been approved to be sponsored by your partner. Congrats!