Permanent residency through common law, can I work?

[Ashford]

Hi, I live in canada under the working holiday visa (international experience canada) it is my 2nd time using it, so I can't renew it or get another one and have to leave Canada after 4 years of working. I want to be a permanent resident but want to stay in the country whilst I apply. I know the process is a lot longer, when you apply through common law within canada, but i read somehwere I can still work whilst waiting for the authorisation?? Is this true, and is this the best way for me to apply for permanent residency without having to leave the country. Thanks guys

 

[Ponga]

If your IEC visa is expiring with the next 4 months, an Inland sponsorship application is probably your best option. You can submit the application along with form IMM5710 (Open Work Permit) together in the same envelope, mailed to CPC-Mississauga. As long as CIC receives this prior to your status expiring, you will qualify for the OWP and would receive it in ~ 4 months. The correct fee for the OWP is $255 (in addition to the PR sponsorship fees, which are $1040, if you are the sole applicant). If your IEC expires before you receive the OWP, you must not continue to work until it arrives.

If your IEC is valid for longer than 4 months, and depending on where you are from, you might consider submitting an Outland application, even though you are `in' Canada. You wouldn't qualify for the OWP, but it's possible (even probable) that your PR would be processed substantially faster...perhaps fast enough that you wouldn't need to have had an OWP, because you could get your PR approved before your IEC expires.

The key question is: When does your IEC expire?


Good luck!

 

[Ponga]

I see from your previous posts that you were out of status previously. Do you currently have legal status in Canada? If so, when does it expire?

 

[Ashford]

I am Australian would you think if i had it sorted within the next 2 months I would be fine?

I am legal now, my IEC Visa expires next year in mid August

Thank you for the information its a great help

 

[kettle]

I am Australian would you think if i had it sorted within the next 2 months I would be fine?

I am legal now, my IEC Visa expires next year in mid August

Thank you for the information its a great help

I would then apply outland (sooner than later) as you will likely have a decision made before August of next year from what I've seen on the Sydney office. (I see they are showing 11 months on CIC so its entirely possible)

You can have an outland application in process while working in Canada on your IEC Visa. You do not have to leave Canada for an Outland application.

You will need to be in a common-law relationship at the time of your application. Yourself and your spouse will need to prove you have been continually cohabitating for at least the past 12 months, and provide all of the other necessary documentation for your visa office. I can dig up some links here shortly.

Best of luck and stick around, the forum can be invaluable even after your application has been submitted.

 

[kettle]

Austrialian Package/Application information

http://www.cic.gc.ca/english/pdf/kits/guides/3906e.pdf