Eligible for CEC but unemployed - questions.

[kapitan]

Hello CanadaVisa forum,

I actually have two questions, one concerning myself and the other one my partner (ok given that is my partner, it can be considered as a single question for myself ).

I have worked for two years in Quebec, then last summer I met my partner and we decided to move to Vancouver. I had to quit my job given that my work-permit was closed and localized in Montreal. They could not find a way to convert it or make me work remotely.
Anyway, I took the IELTS and I gathered all the documents for my Permanent Residence. In the meantime my partner was here with me. Then a family member unfortunately had a problem and she had to go back to her country.

So now I am in the most expensive city in the world, alone, with no job...ok first world problem But I need advice.
I intend to apply for CEC this week from here and then, because of the expensive Vancouver life, maybe go back to my country in order to wait and be able to work there while waiting.

First question: can I do this? will I have any disadvantage in terms of PR once I am outside Canada? Any thought?

Second question: my partner and I have been together since June, but known each other since 2011. We've been together for not too long, but shared plans and actually tried to live together here (I have both signatures on the lease, and mobile contracts too). Would it be a good idea to include her in my application? And...are they treated as one or separate? Meaning...if they refuse her they refuse me as well?
If the second is true, I might apply without her and then sponsor her once we have more time supporting "our" case.

Thank you in advance,
kap

 

[JPMH_CEC_2013]

Hi Bro,
If you think you are eligible for CEC then apply without any delay. You can go back to your country after applying, as far as I know that wont impact your application. Regarding including your partner, its genuinely up to you to decide......Good Luck!!!

 

[skinnybob]

I think it depends on what you mean by partner. For application purposes, you have to be either Married or common law. If common law, there are several documents that you will have to include evidence that you have co-habited for the last 12 months. you can find the full details on document checklist for CEC

 

[kapitan]

Thank you for the answers! No we are not married so she would go under the Common-Law category...and no...we haven't lived together for twelve months but been genuinely in a relationship since June and lived together effectively for a total of almost three months (1 in her country, almost 2 in Vancouver).
So basically, if I include her the processing time will be longer (they will need additional papers) but still...what about the outcome? Are the two applications linked (both or nothing) or not? Because she might apply in a different category from scratch or we can just postpone our steps to Canada by half a year...

 

[skinnybob]

Thats a good question, Im not sure if they would reject you also based on your lack of documentation supporting common law. However my suggestion would be to wait till you have enough time living together before you apply. Since your plan is to return to your home country after applying, it appears that you may not have the required time to show as a common law couple anyways. So it might be better to apply individually.

 

[neochan]

Hello CanadaVisa forum,

I actually have two questions, one concerning myself and the other one my partner (ok given that is my partner, it can be considered as a single question for myself ).

I have worked for two years in Quebec, then last summer I met my partner and we decided to move to Vancouver. I had to quit my job given that my work-permit was closed and localized in Montreal. They could not find a way to convert it or make me work remotely.
Anyway, I took the IELTS and I gathered all the documents for my Permanent Residence. In the meantime my partner was here with me. Then a family member unfortunately had a problem and she had to go back to her country.

So now I am in the most expensive city in the world, alone, with no job...ok first world problem But I need advice.
I intend to apply for CEC this week from here and then, because of the expensive Vancouver life, maybe go back to my country in order to wait and be able to work there while waiting.

First question: can I do this? will I have any disadvantage in terms of PR once I am outside Canada? Any thought?

Second question: my partner and I have been together since June, but known each other since 2011. We've been together for not too long, but shared plans and actually tried to live together here (I have both signatures on the lease, and mobile contracts too). Would it be a good idea to include her in my application? And...are they treated as one or separate? Meaning...if they refuse her they refuse me as well?
If the second is true, I might apply without her and then sponsor her once we have more time supporting "our" case.

Thank you in advance,
kap

Hi Kapitan,

What is you status now? is your closed work permit still valid? if so when is it expiring?

 

[kapitan]

More than planning to go back I am actually still considering my options. My closed WP expires in a year and 4 month and I know that I can stay here until then.
But...two things:
1) it's hard to find a job without Work Permit and I have to wait the three months of the LMO + WP process
2) I would go back to spend time with my partner and prove that we've lived together to Immigration Canada.

By the time I will have my application processed (first stage) I will (hopefully) enough time with her to say that we are Common-Law partners...but this is all theoretic and I decided to write here to see if it's a viable plan

 

[iamelle]

^ First step is to apply for CEC since you are eligible. May i suggest that you wait for your AOR and not go back to your homeland. When you receive it and i bet you still have money to spend, take the risk and apply for BOWP. Attach a cover letter telling CIC of your case. You lost your job and with a closed work permit which is not expiring soon, you are left with no choice but to apply for BOWP. If you have job offers or letters from employers who are willing to hire you but did not continue it due to visa/permit issues, you should consider attaching it as proof.

 

[kapitan]

Oh...great, i guess I can do this. How much time from application to AOR?
And...I apoligize but...BOWP ... is it Open Work Permit (what B stands for?)

 

[cee12345]

^ First step is to apply for CEC since you are eligible. May i suggest that you wait for your AOR and not go back to your homeland. When you receive it and i bet you still have money to spend, take the risk and apply for BOWP. Attach a cover letter telling CIC of your case. You lost your job and with a closed work permit which is not expiring soon, you are left with no choice but to apply for BOWP. If you have job offers or letters from employers who are willing to hire you but did not continue it due to visa/permit issues, you should consider attaching it as proof.

This is not correct.

To be eligible for a bridging open work permit, you must:

Currently be in Canada;
Have valid status on a work permit that is due to expire within 4 months;
Have received confirmation from CIC that your permanent resident application is eligible under one of the four economic classes (FSWP, CEC, PNP and FSTP)

- I highlighted the most important part. (source: http://www.cic.gc.ca/english/work/permit/extend/permanent.asp)

 

[MofC2014]

By the time I will have my application processed (first stage) I will (hopefully) enough time with her to say that we are Common-Law partners...but this is all theoretic and I decided to write here to see if it's a viable plan

As you are not living together now with your partner, the time you lived together prior to her leaving will not count towards common-law (and it would be easy for CIC to check when she left, as she departed Canada) so you will need to re-start from 0 and live together 12 months (uninterrupted) before you can be viewed as common-law under CIC rules. So don't even attempt this route as it will put your CEC application in jeopardy. You have no choice but to apply as single.

 

[LPS]

This is not correct.

To be eligible for a bridging open work permit, you must:

Currently be in Canada;
Have valid status on a work permit that is due to expire within 4 months;
Have received confirmation from CIC that your permanent resident application is eligible under one of the four economic classes (FSWP, CEC, PNP and FSTP)

- I highlighted the most important part. (source: http://www.cic.gc.ca/english/work/permit/extend/permanent.asp)

Some people on closed WPs with more than four months remaining have reported that they managed to get a BOWP anyway, perhaps by writing a convincing cover letter that persuaded a sympathetic VO to bend this rule.

On the other hand, the updated OB485-A (September 19, 2013) states the four-month rule twice instead of once (in addition to saying that your WP must expire within four months, it now also says that your WP must not be valid for more than four months).

So I wouldn't bet all my money on their relaxing this rule.

 

[iamelle]

^ My sentiments exactly. While there is a four-month rule, there are cases when BOWP was approved disregarding this rule. I think a really good cover letter will make a lot of difference. Approving the BOWP is absolutely better than approving an EI claim. As I've said on my previous post, it's up to you if you want to take a risk. If i were in your shoes, i definitely would

 

[kapitan]

Well, BOWP is also just 150 dollars and can really solve a lot of problems for me. When does the AOR arrive usually? And I guess if it's rejected nothing happens to my PR...right?

 

[LPS]

At the end, you might be eligible for employment insurance. Dig it please, as many temporary foreign workers are forced to use EI because of closed work permits.

How many closed permit holders actually claim EI though? A principle of EI is that you must be 'available' for work.

From http://www.servicecanada.gc.ca/eng/ei/digest/10_2_0.shtml

10.2.4.3 Restricted to one employer

A person whose work permit includes a restriction that only allows them to work for a specific employer, is not normally considered to be available to accept work, and may be disentitled from collecting benefits. However, the simple fact that the work permit restricts the worker to one employer is not the only factor to be considered when determining the claimant’s availability.

It is important to fact find and take all factors into consideration before determining that a foreign worker is unavailable because their work permit restricts their employment to one employer. Before making a determination, it is necessary to obtain a declaration from the claimant regarding their availability. In addition, the claimant must show that once they receive an offer of employment from a new employer, CIC will remove the restriction on their work permit.