I'm a born Canadian citizen wanting to sponsor my Commonlaw partner. Some issues

[Senjai]

Here's the story. My partner and I met while she was on a study permit a year and a half ago. She then applied for and received a working holiday permit and we moved in together approximately 13.5 months ago and she is listed on my work benefits as well as a common-law partner.

I called the CIC for some information, and the whole description was kind of confusing. Eventually the gist of it is this:

I can sponser her for permenant residece within canada, along with submitting an open work permit application. At the time of submission of this application she will be on implied status which would automatically extend her working holiday visa until a decision is made on phase one (assessment of the sponsor) which if successful along with the open work permit application will give her an open work permit until a decision is made on her (the sponsee).

Is this statement correct? Are their any caveats I need to worry about? I read somewhere that Working Holiday visas are not eligible for implied status, but that sponsoring for a PR under the family class is.

Am I missing something?

Much obliged,

Senjai

 

[canuck_in_uk]

Here's the story. My partner and I met while she was on a study permit a year and a half ago. She then applied for and received a working holiday permit and we moved in together approximately 13.5 months ago and she is listed on my work benefits as well as a common-law partner.

I called the CIC for some information, and the whole description was kind of confusing. Eventually the gist of it is this:

I can sponser her for permenant residece within canada, along with submitting an open work permit application. At the time of submission of this application she will be on implied status which would automatically extend her working holiday visa until a decision is made on phase one (assessment of the sponsor) which if successful along with the open work permit application will give her an open work permit until a decision is made on her (the sponsee).

Is this statement correct? Are their any caveats I need to worry about? I read somewhere that Working Holiday visas are not eligible for implied status, but that sponsoring for a PR under the family class is.

It is generally accepted on this forum that a person on a working holiday visa cannot continue working while on Implied Status. We've seen a few cases where people have continued working and then been in trouble with CIC for working illegally.

If she applied inland and included an OWP app, she would need to stop working once her working holiday visa expired. She could remain in Canada as a visitor until you guys got first stage approval (currently taking 11 months), at which point she would get the OWP.

Where is your partner from? Depending on her nationality, it might be far better for you guys to apply outland instead.

 

[Line.a]

Here's the story. My partner and I met while she was on a study permit a year and a half ago. She then applied for and received a working holiday permit and we moved in together approximately 13.5 months ago and she is listed on my work benefits as well as a common-law partner.

I called the CIC for some information, and the whole description was kind of confusing. Eventually the gist of it is this:

I can sponser her for permenant residece within canada, along with submitting an open work permit application. At the time of submission of this application she will be on implied status which would automatically extend her working holiday visa until a decision is made on phase one (assessment of the sponsor) which if successful along with the open work permit application will give her an open work permit until a decision is made on her (the sponsee).

Is this statement correct? Are their any caveats I need to worry about? I read somewhere that Working Holiday visas are not eligible for implied status, but that sponsoring for a PR under the family class is.

Am I missing something?

Much obliged,

Senjai

If it's an IEC visa she cannot continue to work beyond the expiry date.

It's a restricted permit only valid for one year. She may be eligible to apply for a young professionals visa which requires she gets a contract via her job. Otherwise no. Your application can be in trouble if she continues to work after IEC has expired. I know it's a grey area and it has been commonly discussed around this forum, but i would definitely not recommend it.

 

[Catou]

Like others have said, she must stop work as soon as her working holiday visa expires. These visas have a finite date and cannot be extended. If, however, she is from a country that allows applications for a second WH visa and she is within the age limits, she could apply for another one - this can only be done if her country allows people to apply a second time.

Check the processing times for her country - applying outland is often considerably faster than applying inland. If she is allowed to stay in Canada as a visitor following the expiration of her WH visa she can still apply outland.

Another option is for her to start job hunting and find a job that will provide a labor market opinion (LMO). If she can get that she can apply for a standard work visa and continue working uninterrupted while the PR application is processed.