Commow-Law

[ahnaftahmidatb]

Greetings everyone,

I and my girlfriend will be common law starting from May 10th, 2019. We are both on Study Permits, but we are planning to get our PR as soon as possible (still need around 3-4 years to graduate). I am currently in Winnipeg, so I am planning to apply for an open work permit. I have a few questions

1) If I want to change my status to work permit, do one of us has to sponsor the other? Or sponsorship comes only when applying for PR?
2) We have the joint-lease agreement, joint bank account, phone bills to the same address, pictures, texts. Is that enough? Or we need more evidence?
3) What is the processing time for one of us to switch to work-permit?
4) I am currently working on a class-B job, do I have to work a year before applying for PNP/ PR?
5) If the application is denied, will we still have our old status? (Study Permit)

Anyone help will be highly appreciated.

 

[canuck78]

Spouses of international students aren't guaranteed sowp so you are taking a risk. You lose your study permit if you have been approved or denied.

 

[canuck_in_uk]

Greetings everyone,

I and my girlfriend will be common law starting from May 10th, 2019. We are both on Study Permits, but we are planning to get our PR as soon as possible (still need around 3-4 years to graduate). I am currently in Winnipeg, so I am planning to apply for an open work permit. I have a few questions

1) If I want to change my status to work permit, do one of us has to sponsor the other? Or sponsorship comes only when applying for PR?
2) We have the joint-lease agreement, joint bank account, phone bills to the same address, pictures, texts. Is that enough? Or we need more evidence?
3) What is the processing time for one of us to switch to work-permit?
4) I am currently working on a class-B job, do I have to work a year before applying for PNP/ PR?
5) If the application is denied, will we still have our old status? (Study Permit)

Anyone help will be highly appreciated.

1. There is no sponsorship involved now or when applying for PR. One of you applies for a work permit based on the other's study permit.

2. Looks fine.

3. Check the IRCC website.

4. You will need to investigate requirements to qualify for the different PR streams yourself.

5. Yes.

 

[canuck_in_uk]

Spouses of international students aren't guaranteed sowp so you are taking a risk. You lose your study permit if you have been approved or denied.

As they are already in Canada, there is little chance of refusal.

If it is refused, the original status remains valid.

 

[macarson]

Greetings everyone,

I and my girlfriend will be common law starting from May 10th, 2019. We are both on Study Permits, but we are planning to get our PR as soon as possible (still need around 3-4 years to graduate). I am currently in Winnipeg, so I am planning to apply for an open work permit. I have a few questions

1) If I want to change my status to work permit, do one of us has to sponsor the other? Or sponsorship comes only when applying for PR?
2) We have the joint-lease agreement, joint bank account, phone bills to the same address, pictures, texts. Is that enough? Or we need more evidence?
3) What is the processing time for one of us to switch to work-permit?
4) I am currently working on a class-B job, do I have to work a year before applying for PNP/ PR?
5) If the application is denied, will we still have our old status? (Study Permit)

Anyone help will be highly appreciated.

A couple of things. First if you are on study permits you should have an open work permit associated with that for up to 20 hours per week and I'm pretty sure full time when classes are not in session. It should say on your study permit. If not you could reapply for your study permit in order to change the conditions listed on it but when I renewed mine 1.5 years ago it allowed me to work off campus part time so yours should too.

If both of you are on study permits I'm not sure being common law does much for you. The common law PR application is for a non-Canadian who is common law with a Canadian citizen or person already holding PR. I'm fairly sure at least one of you will have to get PR first then the other could apply through the common law stream or you could both apply through something like a skilled worker class if you qualify. Like you mention many of these streams require you to have a certain amount of work experience prior to applying (I think this is typically the equivalent of one year of full time work in the past five years, you might also check if all of the work has to be done in Canada I can't remember that for sure).

If you finish your studies in Canada you can apply for a post graduate open work permit. These are very easy to get (just over a month) and you just need to have done some sort of education in Canada. These can last up to 3 years and are more or less totally open. The intent of these is to allow you to build up work experience to be able to apply for PR through one of the working class streams.

PR is not easy to get quickly especially if neither one of you are Canadian and don't have a Canadian family member. If you are studying and working on that permit then just go with that for the time being and build up some time in Canada which will make the PR application easier down the line. As much as I wanted PR it took me 5 years to get it. I studied for 4 years, got a post grad work permit, and then applied common law with a Canadian citizen. The only real financial benefit is healthcare, but if you are studying the cost to you (UHIP) really isn't that much in the grand scheme of things. It's hard to be patient but it's better to apply when you fully qualify than trying to rush into it. You're already in the country, work on your studies, get some work experience and PR will eventually become a reality.

 

[ahnaftahmidatb]

1. There is no sponsorship involved now or when applying for PR. One of you applies for a work permit based on the other's study permit.

2. Looks fine.

3. Check the IRCC website.

4. You will need to investigate requirements to qualify for the different PR streams yourself.

5. Yes.

Thank you so much.

 

[ahnaftahmidatb]

As they are already in Canada, there is little chance of refusal.

If it is refused, the original status remains valid.

Thank you so much for your reply. Do we have to apply inland or outland and which one is better? Any idea how long it takes to get the work permit?

 

[macarson]

Thank you so much for your reply. Do we have to apply inland or outland and which one is better? Any idea how long it takes to get the work permit?

If you are in Canada, you apply inland. One is not better or worse there is just a slightly different process for those applying from within Canada and those applying from another country (outland). Meaning you are physically in Canada so are inland vs someone physically living in another country.

Many of your questions can be answered on the IRCC website or the FAQ sections in the various sub-forums here. Please read those before asking simple questions like processing times which are easily found on the IRCC website.

 

[ahnaftahmidatb]

A couple of things. First if you are on study permits you should have an open work permit associated with that for up to 20 hours per week and I'm pretty sure full time when classes are not in session. It should say on your study permit. If not you could reapply for your study permit in order to change the conditions listed on it but when I renewed mine 1.5 years ago it allowed me to work off campus part time so yours should too.

If both of you are on study permits I'm not sure being common law does much for you. The common law PR application is for a non-Canadian who is common law with a Canadian citizen or person already holding PR. I'm fairly sure at least one of you will have to get PR first then the other could apply through the common law stream or you could both apply through something like a skilled worker class if you qualify. Like you mention many of these streams require you to have a certain amount of work experience prior to applying (I think this is typically the equivalent of one year of full time work in the past five years, you might also check if all of the work has to be done in Canada I can't remember that for sure).

If you finish your studies in Canada you can apply for a post graduate open work permit. These are very easy to get (just over a month) and you just need to have done some sort of education in Canada. These can last up to 3 years and are more or less totally open. The intent of these is to allow you to build up work experience to be able to apply for PR through one of the working class streams.

PR is not easy to get quickly especially if neither one of you are Canadian and don't have a Canadian family member. If you are studying and working on that permit then just go with that for the time being and build up some time in Canada which will make the PR application easier down the line. As much as I wanted PR it took me 5 years to get it. I studied for 4 years, got a post grad work permit, and then applied common law with a Canadian citizen. The only real financial benefit is healthcare, but if you are studying the cost to you (UHIP) really isn't that much in the grand scheme of things. It's hard to be patient but it's better to apply when you fully qualify than trying to rush into it. You're already in the country, work on your studies, get some work experience and PR will eventually become a reality.

Thank you so much for your reply. I appreciate you taking time to explain it. I have a work condition under my study permit and can work 20 hours. But I think you misunderstood. What I am looking to do is switch my study permit to a Open Work Permit so I can work for 1 year and apply for PNP and then apply for PR. I know a few people who has taken this route. I do understand what you are saying, but I think in our situation, it is best for one of us to switch to an open work permit. Thank you for your suggestion though.

 

[macarson]

Thank you so much for your reply. I appreciate you taking time to explain it. I have a work condition under my study permit and can work 20 hours. But I think you misunderstood. What I am looking to do is switch my study permit to a Open Work Permit so I can work for 1 year and apply for PNP and then apply for PR. I know a few people who has taken this route. I do understand what you are saying, but I think in our situation, it is best for one of us to switch to an open work permit. Thank you for your suggestion though.

The hours you are working on your study permit count towards the total work hours needed, so depending on your job and skill-set it may be better to stay in school.

I'm not sure I understand why PR is such an urgent issue. Like I said you are already in the country with study permits that last multiple years so why not just finish your studies. In theory applying for an OWP should be fairly easy if that's the route you want to go, look for a sub forum on that topic which will better be able to answer your questions or just the IRCC website. I did all of my applications just following their instructions no forum needed, work and study permits are pretty simple.

 

[canuck_in_uk]

Thank you so much for your reply. Do we have to apply inland or outland and which one is better? Any idea how long it takes to get the work permit?

You need to apply to change your status to worker. IMM5710

 

[canuck_in_uk]

The hours you are working on your study permit count towards the total work hours needed, so depending on your job and skill-set it may be better to stay in school.

I'm not sure I understand why PR is such an urgent issue. Like I said you are already in the country with study permits that last multiple years so why not just finish your studies. In theory applying for an OWP should be fairly easy if that's the route you want to go, look for a sub forum on that topic which will better be able to answer your questions or just the IRCC website. I did all of my applications just following their instructions no forum needed, work and study permits are pretty simple.

Work in Canada while on a study permit does not count towards PR.

PR = domestic tuition. Significantly cheaper.

 

[canuck78]

Working and applying for PNP may not result in any tuition saving for your partner. That can be a relatively long process. All depends on how fast you get nominated and processed. If you get PR you own tuition will be much less expensive.

 

[zkhan36]

it may be better to stay in school.

I'm not sure I understand why PR is such an urgent issue. .

Wouldnt the visa officer wonder and ask the same questions.maybe think you and gf up to something..im no expert but IMO you and your gf have no problem. just live together until you finish school and get your pgwp and move from there.

 

[canuck_in_uk]

Wouldnt the visa officer wonder and ask the same questions.maybe think you and gf up to something..im no expert but IMO you and your gf have no problem. just live together until you finish school and get your pgwp and move from there.

No, the visa officer is not going to wonder the same thing. It is not an unusual situation.