I applied for an open work permit to join my partner in Canada, who has a closed work permit. We are LGBT partners, and due to the laws in our country where same-sex marriage is prohibited, we do not have a marriage certificate. My partner has uploaded financial and employment documents, an invitation letter, and other required documents and I have also uploaded letters from several friends to confirm our relationship, our rental agreement, and other necessary documents. According to GCMS notes, all steps have been completed, but my eligibility status has changed to "review required," and it has been about six months since I applied with no updates. I wanted to ask if you have any insights into what the issue might be and what steps I can take regarding my application?
Open work permit eligibility “review required“
- Thread starter Cassiekitt97
- Start date
What status did your partner declare on their closed work permit application? Single or common law?
I assume you have lived together continuously for at least one full year?
Thanks for your reply
Because we didn't have any legal documents to show that we are common law partner, and because of the concern that my partner's work permit application would be rejected because of this reason, we selected the situation single. Yes, we have a joint house lease for 2 years.
This is most likely why your application is stuck now and undergoing reviews. Your partner was required to correctly list status as common law. I'm sure you can see why IRCC has concerns where someone fails to declare common law status in the initial work permit application and then subsequently tries to declare it for the SOWP. There's not much you can do but wait. You can try order GCMS notes to see what they say.
I'm not sure it will help at all.
How do you plan to explain this?
How soon after the work permit was approved did you apply for the SOWP?
Maybe we can explain the reason why my partner chose the marital status as single. About 2 months after my partner started working and he received his salary slips, we applied for a SOWP.
We can explain that because of lack of document on that time. Also my partner changed the marital status in CRA account to common law partners
You can try.
I don't see the logic behind the CRA argument at all. I wouldn't mention that. That part makes no sense to me.
Thanks a lot for your help. I hope they don’t reject my application because of this reason.
It could go either way.
Your partner should have tried to declare your in their original work permit application, even with insufficient documents. That was what you should have done to avoid problems now. But what's done is done.
Yes you are right. But we were worried that my partner's application would also be rejected.
Yes you are right. But we were worried that my partner's application would also be rejected.
Unfortunately that was bad logic on your part. Your partner essentially misrepresented their status and now you're looking to benefit from that status to secure a SOWP. I'm sure you can see why that is problematic.
Anyway, you can't go back and change things. Good luck and hope you have an answer soon.
Yes you are right. But we were worried that my partner's application would also be rejected.
Being rejected together would have been better than being separated longterm. Would suggest looking for ways you may qualify on your own to immigrate or get a WP.