Open work permit and Common law spouse sponsorship

[Jieun2712]

Hi, I am from South Korea and I came to Canada in Oct 2016 with Working holiday visa.

I have applied for Common law spouse sponsorship/open work permit in the end of August.
(I have been living with my boyfriend over 1 year in both Korea and Canada. )

My working holiday visa has expired on the first week of October.
Since I have applied for both of Common law sponsorship and Open work permit, I have been working under the same condition.

Today, I called IRCC and confirmed that they returned the papers this week. So I assume that I should stop working from this moment.

Here are my questions.
1. Am I staying illegally or it automatically gave me 90 days after my working holiday expired as a visitor?

2. If I have a visitor status at this moment, what would be the priority? Should I apply for extension for visitor,
Resend both common law sponsorship and open work permit papers again?

3. The visitor visa, can I just leave Canada and come back to get the visitor visa instead of apply online and wait for 3 months?

4. Do I need to get a visitor visa first to apply for common law spouse sponsorship as inside resident?

I know It's a lot but I would really appreciate ot if anyone could help.
Thank you very much

 

[KBH]

Hi,
If it makes you feel any better, this is a mistake that a LOT of people make (apply for OWP and assume it will not be returned and you will get implied status, so you don't extend your current visit even though it's about to expire) This is extremely common and, while unfortunate, it happens to a lot of people.

You are correct that you need to stop working immediately.

Because you did not apply to stay as a visitor before your IEC visa expired, you are currently out of status (or "illegal" as you said) but it's OK, you can fix it. You need to apply for a restoration of status which must be done within 90 days of your IEC visa expiring. This can be done online. While you are correct in that you could just leave Canada and re-enter in order to restore your status, I would HIGHLY recommend remaining in Canada and just applying online if possible. This is less risky because since you are out of status, there is no guarantee they will let you back into Canad if you leave, while applying to restore your status online will give you a better chance to provide the appropriate proof and documentation about your intended visit.

Because you are now applying to restore your status rather than applying to extend your stay, you will have a much shorter wait time (it won't be the 3 months you mentioned).

You do not need to be in status to apply inland but you DO need to be in status to be approved for the OWP. I would recommend you immediately apply to restore your status, you should hear back very quickly, once you hear back then submit your inland and OWP apps again. You will have implied visitor status once you submit your restoration of status application, but if you are applying inland and want the OWP it would be ideal to wait until you hear back and know for sure that you can stay (since if you cannot stay it may change your plans and you would need to apply outland instead)

Good luck!

 

[Jieun2712]

Thank you very much, I really appreciate your time and advice.
I have two questions related to your advice.

1. Maybe I misunderstood but my International Experience Canada(Working Holiday) has already expired on Oct 6th. So as you said technically I am out of status.
Is it still okay if I apply online? Not too late yet?

2. While I wait for the visitor permit process, I can stay in Canada legally, is that correct? And after I get it I can then submit both Common law sponsorship and OWP.
Thank you.

 

[KBH]

Thank you very much, I really appreciate your time and advice.
I have two questions related to your advice.

1. Maybe I misunderstood but my International Experience Canada(Working Holiday) has already expired on Oct 6th. So as you said technically I am out of status.
Is it still okay if I apply online? Not too late yet?

2. While I wait for the visitor permit process, I can stay in Canada legally, is that correct? And after I get it I can then submit both Common law sponsorship and OWP.
Thank you.

1. Yes, you can still apply, you just need to apply for a "restoration of status" within 90 days of October 6. See here: http://www.cic.gc.ca/english/information/applications/guides/5551ETOC.asp#restoration You will also be changing the conditions of your stay because you will be going from IEC visa to visitor status.

2. Yes that's correct - once you apply for your restoration of status, you will have implied visitor status and will be legal again.

 

[canuck_in_uk]

2. Yes that's correct - once you apply for your restoration of status, you will have implied visitor status and will be legal again.

While applying for Restoration allows a person to stay in Canada while waiting, it does not grant any form of status or legalize their stay in any way.

 

[Pjalan15]

Hi,

I have a quick question regarding Common law application. My spouse is a canadian citizen, can i apply only for Work permit under Common law or i have to apply for PR as well in order to get Work permit.

Currently i have a PGWP which will expire on July 10, 2018.

 

[canuck_in_uk]

Hi,

I have a quick question regarding Common law application. My spouse is a canadian citizen, can i apply only for Work permit under Common law or i have to apply for PR as well in order to get Work permit.

Currently i have a PGWP which will expire on July 10, 2018.

Hi

Being common-law with a Canadian doesn't grant you any status in Canada. Your partner needs to sponsor you inland to qualify for an OWP.

 

[Pjalan15]

Hi,

Thanks for your prompt reply. Ok in that case, suppose my partner sponsors me, and due to any reason things doesn't work between us and we want to withdraw from the application, can we do that? Also, if we do so what are the consequences for it?

 

[kcward7]

Hi,

Thanks for your prompt reply. Ok in that case, suppose my partner sponsors me, and due to any reason things doesn't work between us and we want to withdraw from the application, can we do that? Also, if we do so what are the consequences for it?

If you're trying to understand the process of withdrawing before you even apply, you may want to rethink if you and your partner are ready for this. It is a huge commitment not to be taken lightly.

 

[Pjalan15]

Hi,

Sorry it's not that. I just have a habit of overthinking on stuff, so i just wanted to clear everything about all the possibilities that may occur.

 

[newsaeedr]

1. Yes, you can still apply, you just need to apply for a "restoration of status" within 90 days of October 6. See here: http://www.cic.gc.ca/english/information/applications/guides/5551ETOC.asp#restoration You will also be changing the conditions of your stay because you will be going from IEC visa to visitor status.

2. Yes that's correct - once you apply for your restoration of status, you will have implied visitor status and will be legal again.

@KBH

I am facing a similar situation. I find your answers here very helpful - one thing is not clear to me though:
How do I apply separately for restoration of status?
My impression was that when I submit the common-law sponsership PR+OWP applications, and choose the Restoration option on IMM5710, that will count as application to restore status. Could you confirm?
Moreover, looking at the CIC pages, I can't find a form or online application that will do only restoration of status. Can you elaborate about your comment number 1 above.

Thanks