From IEC to Common Law

[Americanlover]

Hello,

So my boyfriend will be moving here in August on a Working holiday visa which will grant him stay for 12 months. Is there any way for us to then apply for common law status and for my to sponsor him after that? Doesn't your spouse get "implied stay" while you await the application?

Thanks! ;D

 

[canuck_in_uk]

Hi

You don't apply for common-law status. Once you have lived together continuously for a year, you are common-law.

You must be either common-law or married to sponsor your spouse. Submitting a PR app does not give any right to stay in Canada. If a person applies inland and submits an OWP along with the app, they will have Implied Status. If a person applies outland, there is no OWP option and the applicant must maintain their status separately.

 

[Americanlover]

Hi

You don't apply for common-law status. Once you have lived together continuously for a year, you are common-law.

You must be either common-law or married to sponsor your spouse. Submitting a PR app does not give any right to stay in Canada. If a person applies inland and submits an OWP along with the app, they will have Implied Status. If a person applies outland, there is no OWP option and the applicant must maintain their status separately.

I was wondering if we CAN apply for PR or an OWP off of an IEC. I was under the impression that he would have to return to the US to do that.

 

[canuck_in_uk]

He doesn't have to return to the US to apply for PR.

As an American, outland is the better option, as it is significantly faster than inland. There is no OWP option with outland; if his IEC is going to expire before his PR app is approved, he can apply to change his status to visitor and remain in Canada.

 

[Americanlover]

So, can he stay here as a visitor and apply outland?

 

[MilesAway]

Yes. Like canuck said, he can apply to change his status to visitor, and stay in Canada while his outland application is processed.