PR application and OWP

[Audrey Rogoka]

Hi there. I will shortly describe my situation and hope for some advice from you.

Recently I came to Canada on visitor visa, I'm visiting my common-law partner who is a PR. What I want to do is apply for my residency and for an Open Work Permit. Sponsoring is not an option as my partner become resident less than 5 years ago.
My questions are:
1. Should I do that in specific order- first apply for PR, then for OWP or the other way around?
2. While I will be waiting for my PR application to be accepted can I legally work in Canada?
3. Recently I saw some information that due to covid people can apply for work permit being in Canada already. Do you know how does it work and can this be my way to PR card?

I already know that I need to take IELTS, maybe some lawyer will be needed, that's why I would like to have an opportunity to earn some money first.

Do you have any advice? Thanks

 

[scylla]

Hi there. I will shortly describe my situation and hope for some advice from you.

Recently I came to Canada on visitor visa, I'm visiting my common-law partner who is a PR. What I want to do is apply for my residency and for an Open Work Permit. Sponsoring is not an option as my partner become resident less than 5 years ago.
My questions are:
1. Should I do that in specific order- first apply for PR, then for OWP or the other way around?
2. While I will be waiting for my PR application to be accepted can I legally work in Canada?
3. Recently I saw some information that due to covid people can apply for work permit being in Canada already. Do you know how does it work and can this be my way to PR card?

I already know that I need to take IELTS, maybe some lawyer will be needed, that's why I would like to have an opportunity to earn some money first.

Do you have any advice? Thanks

Your post is confusing on a few fronts. How are you planning on applying for PR? If you are not applying through spousal sponsorship but on your own, through which immigration stream? Express Entry? PNP?

Why can't your partner sponsor you? Did your partner obtain PR through spousal / common law sponsorship less than five years ago?

The rule regarding applying for a work permit while in Canada doesn't really make it easier to get a work permit, it just means the application can be processed in Canada. To qualify, you need a job offer in Canada from an employer in Canada and that employer needs to obtain an approved LMIA.

 

[Audrey Rogoka]

My partner become a PR by skilled worker program less than 5 years ago.

If I pass IELTS I will be eligible to apply for Express Entry as a skilled worker as well.

My goal is to get OWP, then I wouldn't have to deal with LMIA.

 

[scylla]

My partner become a PR by skilled worker program less than 5 years ago.

If I pass IELTS I will be eligible to apply for Express Entry as a skilled worker as well.

My goal is to get OWP, then I wouldn't have to deal with LMIA.

Your partner can sponsor you now provided your partner meets the residency requirement. There is no rule stating your partner has to be a PR for 5 years in order to sponsor you. If your partner sponsors you through the inland process and includes an OWP application with the sponsorship package, the OWP will be approved around six months after the complete application package (sponsorship + OWP) is received.

To be selected / receive ITA through Express Entry, you must have 470+ points. Have you calculated how many points you will have? You will not qualify for an OWP if you apply through Express Entry. To qualify for an OWP through Express Entry, you must already be holding a valid work permit.

 

[Audrey Rogoka]

No, I haven't calculate it yet. How to do that?

 

[scylla]

No, I haven't calculate it yet. How to do that?

https://www.cic.gc.ca/english/immigrate/skilled/crs-tool.asp

 

[Audrey Rogoka]

Thanks, I will check it out.

So in your oppinion,
1. what would be better/quicker way to apply for work permit, from outside of Canada or inside?
2. Does it even matter that I have common-law in here?
3. Or maybe is it better to apply for OWP or just for PR card for myself with sponsorship of my partner?

Thouse govermental sites gets me very confused

 

[scylla]

Thanks, I will check it out.

So in your oppinion,
1. what would be better/quicker way to apply for work permit, from outside of Canada or inside?
2. Does it even matter that I have common-law in here?
3. Or maybe is it better to apply for OWP or just for PR card for myself with sponsorship of my partner?

Thouse govermental sites gets me very confused

Right now the only option I see for you to get an OWP is for your common law partner to sponsor you for PR.

You must both be in Canada and you must submit an inland (witin Canada) sponsorship application. You should include the open work permit application with the sponsorship application. Do not send the OWP application first - it will be refused. You must send it together with the sponsorship application.

The OWP will be approved around six months after you submit the full application.