Open work permit for Common Law Applications - How long does it take?

[yakman23]

Hi All,

I am on the IEC visa for 1 year. Exactly after that 1 year period is up will be the 1 year of living with my partner for submission of my Common Law application. Unfortunately, I do not look like I will get an IEC extension. I am currently in a job which I do not want to loose. How long will it take to get the OWP from submission of the CLP application. Is there any other way I can keep my job/ work permit without a time gap from the expiration of my IEC Visa - preferably not the LMO option..

Many thanks,

 

[scylla]

It will take a minimum of 4 months to obtain the open work permit. IECs don't benefit from implied status. This means that you will need to have a new work permit in your hand before your IEC expires if you want to continue working without a break. To get a work permit to tie you over between the time your IEC expires and your OWP kicks in, you'll need to get a closed work permit which will required an approved LMIA. There's no way around the LMIA if you want to continue working without a break.

 

[yakman23]

It will take a minimum of 4 months to obtain the open work permit. IECs don't benefit from implied status. This means that you will need to have a new work permit in your hand before your IEC expires if you want to continue working without a break. To get a work permit to tie you over between the time your IEC expires and your OWP kicks in, you'll need to get a closed work permit which will required an approved LMIA. There's no way around the LMIA if you want to continue working without a break.

Thank you for your response. Am I ok to submit the application exactly 1 year after living together? What about preparing the documents / notarizing the letters beforehand (for submission on the 1 year date) - is this acceptable? We will have been living together for one year from early November - what will happen with the dates for the OWP and it's trial period? Is it due to be extended? If I submit the application in early November, will I still be eligible to get the OWP if they didn't continue the trial?

Is there any implications if we were to apply out-land and we then live apart in our original countries, due to financial reasons of not being able to work. Assuming we have lived together for the one year - would this negatively effect the application?

 

[yakman23]

Bump

 

[yakman23]

Any help greatly appreciated!!

 

[canadianwoman]

Once you have lived together for one year and have established common-law status, you can live apart for a time. The couple must intend to resume living together as soon as possible.

 

[Rob_TO]

What about preparing the documents / notarizing the letters beforehand (for submission on the 1 year date) - is this acceptable?

I would say no, it's not acceptable. Any notarizations/declarations must be dated only after actually reaching 12 months to become common-law.

You can certainly begin to prepare the documents though and fill out the application forms in advance. Just remember to check though after becoming common-law and before you submit the app, if any CIC forms have been updated to newer revision levels.