Complicated Question - New Open Work Permit Public Policy

[chuengy1]

Hi there,

I am in quite a complicated situation here so I will try to outline my timeline in bullet points just to make it easier to understand.

1. Completed my Bachelor's degree from a university in November 2015. Received my PGWP in Feb 2016, with expiry in Feb 2019. Worked in a job for 16 months that is not considered NOC 0, A, B, which means I cannot apply for PR under the Canadian Experience Class.
2. I decided to go back to school in September 2017, which voided my PGWP. The study permit expires in November 2021.

Does this mean that I can apply for PR under the new public policy for a second chance of open work permit after I complete my second degree this June 2021?

Reading the eligibility for this open work permit under a public policy kind of confused me, but the requirements are:
1. PGWP expired on or after Jan 30, 2020
2. In Canada as of Jan 27, 2021
3. Have temporary resident status (In my case as a student)
4. Valid Passport

I would be EXTREMELY grateful if someone could clarify with me regarding my eligibility in this case. This public policy is like a godsend to me if everything works out. All help is greatly appreciated!

 

[Naturgrl]

You are not eligible. Your PGWP expired in 2019.

 

[scylla]

Hi there,

I am in quite a complicated situation here so I will try to outline my timeline in bullet points just to make it easier to understand.

1. Completed my Bachelor's degree from a university in November 2015. Received my PGWP in Feb 2016, with expiry in Feb 2019. Worked in a job for 16 months that is not considered NOC 0, A, B, which means I cannot apply for PR under the Canadian Experience Class.
2. I decided to go back to school in September 2017, which voided my PGWP. The study permit expires in November 2021.

Does this mean that I can apply for PR under the new public policy for a second chance of open work permit after I complete my second degree this June 2021?

Reading the eligibility for this open work permit under a public policy kind of confused me, but the requirements are:
1. PGWP expired on or after Jan 30, 2020
2. In Canada as of Jan 27, 2021
3. Have temporary resident status (In my case as a student)
4. Valid Passport

I would be EXTREMELY grateful if someone could clarify with me regarding my eligibility in this case. This public policy is like a godsend to me if everything works out. All help is greatly appreciated!

No - this does not mean you can apply for another PGWP.

The public policy is only for individuals who held a PGWP that expired on or after Jan 30, 2020.

Your PGWP expired in 2019. So you do not qualify under this policy. You do not meet the very first requirement of the policy and cannot apply.

 

[chuengy1]

You are not eligible. Your PGWP expired in 2019.

No - this does not mean you can apply for another PGWP.

The public policy is only for individuals who held a PGWP that expired on or after Jan 30, 2020.

Your PGWP expired in 2019. So you do not qualify under this policy. You do not meet the very first requirement of the policy and cannot apply.

Thank you for your replies!
Is there any other option for me to stay in the country?

I am currently I'm in a common law relationship with my partner. We have been living together for around 18 months now. However, we just moved in to a new place together on July 2020 with both our names on the lease. Therefore I will be reaching the one year requirement for common law partner in June 2021. My partner is currently on a PGWP with an expiry in 2023. He is working as a graphic designer which is a NOC B job.

Is there anyway he could sponsor me to get an open work permit without being a PR yet? I read somewhere that common law partners of an international student on PGWP currently working in a skilled job can get an open work permit as well?

 

[scylla]

Thank you for your replies!
Is there any other option for me to stay in the country?

I am currently I'm in a common law relationship with my partner. We have been living together for around 18 months now. However, we just moved in to a new place together on July 2020 with both our names on the lease. Therefore I will be reaching the one year requirement for common law partner in June 2021. My partner is currently on a PGWP with an expiry in 2023. He is working as a graphic designer which is a NOC B job.

Is there anyway he could sponsor me to get an open work permit without being a PR yet? I read somewhere that common law partners of an international student on PGWP currently working in a skilled job can get an open work permit as well?

Options are:

1) You secure a job offer from an employer in Canada and that employer obtains an approved LMIA so that you can apply for a closed work permit.
2) Assuming you can prove that you and your partner have lived together continuously for at least 12 months, you can apply for an open work permit based on your partner holding a NOC B role.

 

[chuengy1]

Options are:

1) You secure a job offer from an employer in Canada and that employer obtains an approved LMIA so that you can apply for a closed work permit.
2) Assuming you can prove that you and your partner have lived together continuously for at least 12 months, you can apply for an open work permit based on your partner holding a NOC B role.

Thanks again for the reply!

With Option 1, do you know whether big banks such as TD, RBC, etc. will obtain LMIA for international students if they do qualify and seem fit for the job? I am currently in Finance and was just wondering about the process of obtaining LMIA for the employers, and if it will be a big hassle for any employer to obtain one.

For option 2, my partner and I have started living together since October 2019. However, we were still paying rent for our individual rooms (he did not fully move into my unit yet, but was pretty much staying here almost all the time), if we go by that timeline we have lived together for over 15 months now. But we only moved into a new unit and signed a lease together in July 2020. Do you think a letter from my landlord saying he has been staying here since October 2020, would suffice for proof of common law cohabitation? We have many pictures together, but I realized those are not good proof of cohabitation for the CIC.

 

[scylla]

Thanks again for the reply!

With Option 1, do you know whether big banks such as will obtain LMIA for international students if they do qualify and seem fit for the job? I am currently in Finance and was just wondering about the process of obtaining LMIA for the employers, and if it will be a big hassle for any employer to obtain one.

For option 2, my partner and I have started living together since October 2019. However, we were still paying rent for our individual rooms (he did not fully move into my unit yet, but was pretty much staying here almost all the time), if we go by that timeline we have lived together for over 15 months now. But we only moved into a new unit and signed a lease together in July 2020. Do you think a letter from my landlord saying he has been staying here since October 2020, would suffice for proof of common law cohabitation? We have many pictures together, but I realized those are not good proof of cohabitation for the CIC.

1) No, they will not go through the LMIA process. Yes, it's a big hassle to obtain one and also costs a lot of money.
2) I don't know, you can certainly try. Pictures do not prove cohabitation - just they prove you are in a relationship together. Proof of cohabitation is things like joint leases, tax returns filed as common law partners, joint utilities, joint bank accounts, etc. You need evidence that proves a full year of cohabitation. By all means try the letter from your landlord and see if that works.

 

[chuengy1]

1) No, they will not go through the LMIA process. Yes, it's a big hassle to obtain one and also costs a lot of money.
2) I don't know, you can certainly try. Pictures do not prove cohabitation - just they prove you are in a relationship together. Proof of cohabitation is things like joint leases, tax returns filed as common law partners, joint utilities, joint bank accounts, etc. You need evidence that proves a full year of cohabitation. By all means try the letter from your landlord and see if that works.

Thank you again for your reply. You've been so helpful and I really appreciate this. I just have some more questions for you..

First question
So I'm currently on a study permit and I am in my last semester. My study permit expires on Nov 30, 2021. I should be completing my studies at the end of April and the final results should all come out in early-mid May. I saw on the CIC website regarding study permit holder' 90 days period:

The 90 days begin

• on the date, you get the first notification from your school (such as an email, letter, transcript, etc.) that you completed your program or
• when you get your degree, diploma, or certificate.

If you can’t prove the date you were first notified by your school, we’ll use the earliest issue date on the document. We may need to confirm this date with your school.


Does it mean I can choose which date I want to notify them of my studies completion? Because colleges do not typically send out degrees until one month after the final transcript comes out. If this is the case, I would like to notify them of my studies completion after the day I receive my degree in the mail.



Second question:

I am currently living with my partner. We will be reaching the one-year minimum requirement for common law status on June 31st. We have co-signed the lease together, and have joint tenant insurance together. We will also be opening a joint account very soon as additional proof of common law.

My partner is currently on a PGWP, and has been working in a NOC B job since September 2020. His PGWP will expire Feb, 2024. Since he holds a PGWP, I will most likely apply for an open work permit under the International Mobility Program under c41: Spouses or common-law of skilled workers. My question for this is that how do I apply for the open work permit under this program? Should I be the one submitting the application for open-work permit or will my partner (soon to be common law) submit this application for me? I cannot find any information regarding the process of submitting application under this c41 exemption code. So if you could shed some light on me regarding the process, it would be really helpful!

 

[chuengy1]

1) No, they will not go through the LMIA process. Yes, it's a big hassle to obtain one and also costs a lot of money.
2) I don't know, you can certainly try. Pictures do not prove cohabitation - just they prove you are in a relationship together. Proof of cohabitation is things like joint leases, tax returns filed as common law partners, joint utilities, joint bank accounts, etc. You need evidence that proves a full year of cohabitation. By all means try the letter from your landlord and see if that works.

If you could give me an answer to my lastest questions, that would be greatly appreciated! I am getting so anxious about this as my studies are wrapping up next month.