HELP! Open Work Permit and Inland Sponsorship Common Law

[ellak]

Hey guys, I really need some help!

I've read so many forums and webpages my head is going to explode!

I'm Australian, currently on an IEC working holiday visa which expires Nov 4th 2017. I am planning on returning to Australia for 4 months to see family/travel with my canadian common law partner, who is sponsoring me through spousal sponsorship.

We want to apply inland, and with an open work permit. There's so much information about having a temporary resident visa and changing status etc in regards to apply for open work permits and before your current status expires. So my question is:

- After applying for an open work permit, is there anything else I need to do before my IEC work permit expires? I don't have to change my status or anything cos im under implied status while my open work permit is being processed?
- Also, what happens after you get your letter of approval for open work permit? Do you need to go to the border to get them to make up a work permit for your passport (like when you get your IEC working holiday permit)? Or once you have the approval letter that's it, you've just got it? If you do need to go to the border, do you need have a certain amount of time before it expires (as I'm leaving the country for 4 months?)
- Also, am I applying for a work permit with the same employer, an initial work permit or a work permit with a new employer, a restoration of your status as a worker, temporary resident permit??? Not too sure which one to pick.

I know there's no guarantee of reentry if you leave canada and return while your inland pr is being approved, but I've researched it alot and know its at the discretion of the border officer, but I will have an open work permit, current passport, good health, no convictions, enough money etc etc so i think it will be ok!

Thanks in advance!

 

[scylla]

If you're planning on applying inland, you would need to do so after you return from your four month trip (not before). Inland requires both of you to be living in Canada. A short trip outside of the country would be fine. Four months is too long. At that point, you're better off applying outland now. Processing times are much faster and it's quite possible processing will be complete and you'll be accepted as a PR by the time you're ready to return after your four month trip.

 

[ellak]

If you're planning on applying inland, you would need to do so after you return from your four month trip (not before). Inland requires both of you to be living in Canada. A short trip outside of the country would be fine. Four months is too long. At that point, you're better off applying outland now. Processing times are much faster and it's quite possible processing will be complete and you'll be accepted as a PR by the time you're ready to return after your four month trip.

Thanks! I've read all about the pros cons of both inside and outside of Canada. But I do live here in Canada and have ties here (rental, bank accounts, cars etc) so if I apply outside of Canada and it's not approved by the time I want to return after 4 months, I wont be able to work.

Can I apply for outside Canada while I am currently in Canada? There's no problems that come up with that?

 

[canuck_in_uk]

Thanks! I've read all about the pros cons of both inside and outside of Canada. But I do live here in Canada and have ties here (rental, bank accounts, cars etc) so if I apply outside of Canada and it's not approved by the time I want to return after 4 months, I wont be able to work.

Can I apply for outside Canada while I am currently in Canada? There's no problems that come up with that?

The issue isn't being allowed back back in; it is the four month absence. As scylla said, it is a requirement of inland to be actually be in Canada during the process. This is why IRCC specifically states that if you plan to leave Canada during the process, you should be applying outland.

There is no issue applying outland while in Canada.

 

[scylla]

Thanks! I've read all about the pros cons of both inside and outside of Canada. But I do live here in Canada and have ties here (rental, bank accounts, cars etc) so if I apply outside of Canada and it's not approved by the time I want to return after 4 months, I wont be able to work.

Can I apply for outside Canada while I am currently in Canada? There's no problems that come up with that?

As canuck_in_uk so well explained, you've misunderstood my post. It's not about being able to return to Canada. Inland requires you to be physically living in Canada. Four months is too long an absence and means you don't meet the criteria to apply inland.

 

[ellak]

The issue isn't being allowed back back in; it is the four month absence. As scylla said, it is a requirement of inland to be actually be in Canada during the process. This is why IRCC specifically states that if you plan to leave Canada during the process, you should be applying outland.

There is no issue applying outland while in Canada.

Thankyou! If I apply right now for Outland, is it enough to include the print out of my flight to Australia as evidence that I don't plan to stay in Canada while the application is being processed(even if I'm just on a holiday in my home country)?

 

[scylla]

Just to add - many of us here (myself included) applied outland while the applicant was in Canada. It's very common.

 

[scylla]

Thankyou! If I apply right now for Outland, is it enough to include the print out of my flight to Australia as evidence that I don't plan to stay in Canada while the application is being processed(even if I'm just on a holiday in my home country)?

There's no such evidence required. Again, it's perfectly fine to be in Canada while applying outland. There's no requirement to be outside of Canada.

 

[michlish]

My husband and I are in a similar position. He is currently here on a renewal of his IEC, so that expires Dec 2018. We just submitted our application OUTLAND,even though we are both living and working in Canada. He is australian and I am canadian. As was mentioned, just because you apply outland doesn't mean you have to be outside of Canada, more specifically it means that usually your application will be processed out of canada aka OUTLAND, for us and you it would the Sydney Visa Office. Sydney's wait times aren't bad. Either apply outland right now and hope for the best that you would get PR by end of November, or else wait till you're back from your trip and apply inland and get your OWP (open work permit) as part of your inland application. Just note that when you apply inland, you are expected to stay in Canada until you have your PR, aka no leaving the country. We applied outland because my husband's work permit is good for another 18 months and we wanted the option to travel.

 

[ellak]

There's no such evidence required. Again, it's perfectly fine to be in Canada while applying outland. There's no requirement to be outside of Canada.

Awesome thankyou so much!!!

So when my current work permit expires, do I just need to apply for an eTA to change my status from worker to visitor? So my status is current?

 

[ellak]

My husband and I are in a similar position. He is currently here on a renewal of his IEC, so that expires Dec 2018. We just submitted our application OUTLAND,even though we are both living and working in Canada. He is australian and I am canadian. As was mentioned, just because you apply outland doesn't mean you have to be outside of Canada, more specifically it means that usually your application will be processed out of canada aka OUTLAND, for us and you it would the Sydney Visa Office. Sydney's wait times aren't bad. Either apply outland right now and hope for the best that you would get PR by end of November, or else wait till you're back from your trip and apply inland and get your OWP (open work permit) as part of your inland application. Just note that when you apply inland, you are expected to stay in Canada until you have your PR, aka no leaving the country. We applied outland because my husband's work permit is good for another 18 months and we wanted the option to travel.

Thanks for the response

I'm planning to apply right now, but would it matter if it doesn't get approved by end of November? I'm heading to Aus for 4 months, coming back March. Should I be hoping for the best that it's approved by then?! That way I have a decent amount of time for it to be approved (approx 8 months if I apply right now)

 

[michlish]

Ohhh sorry I misunderstood, thought you were going to be in Canada when your IEC expires. If you're not coming back till March, apply outland ASAP and you should be good to go as long as your application is straight forward. There's no guarantee it'll be done by March but based on other people's timelines, you have a very good chance! If I was you I would apply outland as soon as you can, I think the timing will work out in your favour for sure.

 

[ellak]

Ohhh sorry I misunderstood, thought you were going to be in Canada when your IEC expires. If you're not coming back till March, apply outland ASAP and you should be good to go as long as your application is straight forward. There's no guarantee it'll be done by March but based on other people's timelines, you have a very good chance! If I was you I would apply outland as soon as you can, I think the timing will work out in your favour for sure.

THANKYOU!

One more question about paperwork, when it states 'provide the date on which you were married or entered into the commonlaw relationship' is that the date when we had been together for 1 whole year, or the start of that year?
Example, signed lease Jan 1st 2015, common law 1 year on Jan 1st 2016. Which is the date we specify for that question?

 

[canuck_in_uk]

Awesome thankyou so much!!!

So when my current work permit expires, do I just need to apply for an eTA to change my status from worker to visitor? So my status is current?

An eTA doesn't grant status. It just allows you to board a plane to travel to Canada.

If you are leaving before your IEC expires, you don't need to do anything. If you are leaving after your IEC expires, then you need to apply to change your status to visitor before expiry.

THANKYOU!

One more question about paperwork, when it states 'provide the date on which you were married or entered into the commonlaw relationship' is that the date when we had been together for 1 whole year, or the start of that year?
Example, signed lease Jan 1st 2015, common law 1 year on Jan 1st 2016. Which is the date we specify for that question?

One year after you moved in together.

 

[Ben'sMom]

Hi everyone!
We sent our application in 22nd June '17, it was delivered on the 23rd June '17... inland Common law sponsorship, OWP and extending stay/changing conditions of stay..and no AOR so far... application is probably in a pile with thousands of other applications.. but we are getting a little antsy.. anyone else on the same time line as us?