Common-law/work permit

[nialoira]

Hi forum members,

I will like to ask if you know if it is possible to apply for an open work permit if I am on a visitor visa but have common-law relationship with a Canadian citizen?

We don't want to apply for PR yet because we might go work in other countries the next couple of years. Also my partner is a full time student and couldn't any way sponsor me now due to student loans.

All we need now is to be able to make a living. I will be the person sponsored. I have a Master degree (Germany) and have the required certificates for English and French languages. Also I count with enough savings to continue to live in Canada (as I have been for the past 10 months) without working.

Please give me an advise, which programs should work better for us?

Thanks so much.

 

[Ponga]

Since you are not submitting an application for common-law sponsorship, you should probably post this question in one of the other forums.

FYI, your partner's student loans would not prevent him/her from sponsoring you. There is no minimum income requirements, but you would have to show how your partner would provide for you both.

 

[Rob_TO]

Don't let student loans bar you from sponsorship for PR. There is no income requirement for spousal/common-law PR applications, and CIC would not even know or care about student loans.

If you applied for PR outland, you would be able to work only after PR was fully approved.
If you applied for PR inland, you would get an OWP after stage 1 approval (currently taking around 12 months)

If you don't apply for PR, there is no chance to apply for OWP via your common-law spouse.

Your only chances to get a work permit are:
- See if you qualify for IEC/working holiday visa from your home country
- Find an employer willing to go through LMO/LMIA process to get you a closed work permit

 

[nialoira]

Thanks so much for your quick advise. So if student loans aren't problem. I know are faster try will be to apply for sponsorship through common-law. Now, is it fully necessary that my partner (sponsor) proof that she can provide for us both. Even if I have enough money to pay for my stay in Canada while the application is processed?

Also should I send in tandem an application for sponsorship and visitors visa extension?

An additional question: is it possible to apply for a study permit together with the common-law sponsorship application? Since the law changed as of 1 June 2014. Now it is possible to work up to 20 hours when you are a full time student. i think that could be a way for me to wait until I can get an open work permit in 12 months time.

Thanks again for your replies.

 

[Rob_TO]

Thanks so much for your quick advise. So if student loans aren't problem. I know are faster try will be to apply for sponsorship through common-law. Now, is it fully necessary that my partner (sponsor) proof that she can provide for us both. Even if I have enough money to pay for my stay in Canada while the application is processed?

Yes your sponsor will need to show a plan on how you will support yourselves after getting PR. If someone is a full time student at time of application they can include things like letters from parents/family members showing they will support you financially, and expected job/salary after graduation.

Of course you will also need to prove your common-law status by showing 12 months of cohabitation via shared lease agreement, bills, finances etc.

Also should I send in tandem an application for sponsorship and visitors visa extension?

Again this depends if you apply outland or inland. If you are visa-exempt to Canada, then outland is usually better as the time is much quicker, and you would just apply for visitor status extension when your current status is almost up. It is not related to the PR application.
If you apply inland then no extension is necessary as submitting OWP along with the PR app gives "implied" status during initial 12 months of processing for stage 1.

An additional question: is it possible to apply for a study permit together with the common-law sponsorship application? Since the law changed as of 1 June 2014. Now it is possible to work up to 20 hours when you are a full time student. i think that could be a way for me to wait until I can get an open work permit in 12 months time.

No, study permit has nothing to do with a PR application. Any study or study with work permit would be a completely separate process. You would of course need to pay international student fees which are pretty expensive.

 

[nialoira]

Thanks so much for your quick reply.

The processing time for the designated office to process my outland visa is in Colombia and it takes 15 months. So I guess its best to apply inland even if I lose freedom to travel within 12 months. Is that true? Even if a have a multiple entry visa valid until Nov 2015?