Restoration of status and Open work permit application

[Myyenks]

Hi Everyone,

My fiancee/common-law partner went out of status 2 days ago as a visitor, but he is eligibleto apply for an open work permit. I am trying to upload the application to change conditions or extend his stay form(IMM5409) in the application document checklist to submit the application online but the form refuses to validate when i enter the end date of his status here in canada as the 15th of January and when i change the date to a future date, i am able to validate the form but then it refuses to upload into the immigration platform because it says that date on my restoration of Status is different from the date on the form.

Can someone please advise me on how to upload this form with the right date? and also, can someone advise me on whether he can apply for both at the same time? Thanks

 

[canuck78]

Hi Everyone,

My fiancee/common-law partner went out of status 2 days ago as a visitor, but he is eligibleto apply for an open work permit. I am trying to upload the application to change conditions or extend his stay form(IMM5409) in the application document checklist to submit the application online but the form refuses to validate when i enter the end date of his status here in canada as the 15th of January and when i change the date to a future date, i am able to validate the form but then it refuses to upload into the immigration platform because it says that date on my restoration of Status is different from the date on the form.

Can someone please advise me on how to upload this form with the right date? and also, can someone advise me on whether he can apply for both at the same time? Thanks

Not sure how your fiancée/common-law qualifies for an OWP?

 

[Myyenks]

Not sure how your fiancée/common-law qualifies for an OWP?

can he submit an application for OWP and restoration of status at the same time?

 

[canuck78]

can he submit an application for OWP and restoration of status at the same time?

How does he qualify for OWP?

 

[Myyenks]

How does he qualify for OWP?

i believe that was just changed in December? that common-law partners can apply for OWP from inside canada. We already went through the eligibility questionnaire on the immigration page and it says he may be qualified to apply for an OWP and it gave us the application checklist.

 

[canuck78]

i believe that was just changed in December? that common-law partners can apply for OWP from inside canada. We already went through the eligibility questionnaire on the immigration page and it says he may be qualified to apply for an OWP and it gave us the application checklist.

Applying for common law sponsorship with a OWP is different than just OWP. Your case is very confusing. It seems like you arrived in Canada and claimed asylum. Are you a PR yet? If your common law arrived in Canada in June 2019 you would have been common law in Spain or elsewhere before you claimed asylum in Canada. Did you declare him on your asylum and PR application?

 

[Myyenks]

Applying for common law sponsorship with a OWP is different than just OWP. Your case is very confusing. It seems like you arrived in Canada and claimed asylum. Are you a PR yet? If your common law arrived in Canada in June 2019 you would have been common law in Spain or elsewhere before you claimed asylum in Canada. Did you declare him on your asylum and PR application?

I go for my Landing interview on February 8th. We weren't together when i applied for PR.

 

[canuck78]

I go for my Landing interview on February 8th. We weren't together when i applied for PR.

How have you lived together for 1 continuous year if he arrived in June 2019?

 

[Myyenks]

How have you lived together for 1 continuous year if he arrived in June 2019?

Ok i get you. so in this case does he just apply to restore his status?

 

[canuck78]

Ok i get you. so in this case does he just apply to restore his status?

Yes he can attempt to restore his status to a visitor. He will have to show that he can support himself based on his savings without working or you can support him based on your savings and work. If you plan on eventually applying for common law you must keep records that you have lived together like lease, mail with a date at the same address, etc. Did you meet online? This origin of your relationship will also be questioned. Was he also an asylum seeker?

 

[Myyenks]

Yes he can attempt to restore his status to a visitor. He will have to show that he can support himself based on his savings without working or you can support him based on your savings and work. If you plan on eventually applying for common law you must keep records that you have lived together like lease, mail with a date at the same address, etc. Did you meet online? This origin of your relationship will also be questioned. Was he also an asylum seeker?

We met through Ministerial affiliation in May 2018 but met in person in March 2019 when i visited him before he got here in June. No he is not an asylum seeker. He initially came to visit but now wants to stay because of me. He is a european citizen with all rights to live and work there but now prefers to stay here.

 

[canuck78]

We met through Ministerial affiliation in May 2018 but met in person in March 2019 when i visited him before he got here in June. No he is not an asylum seeker. He initially came to visit but now wants to stay because of me. He is a european citizen with all rights to live and work there but now prefers to stay here.

Is he originally from Spain? It is a very unusual story. Most people do not meet once in person and then move to Canada to live with someone who has not received PR yet. You will have to specify that you are trying to become common law plus prove that you both have the extra funds to support him while he can not work which will likely be almost another year. If he arrived in June and was given a 6 month stay he would have been out of status for more than a few days.

 

[canuck78]

Please only post on the public forum.

“Thanks for your responses to my question. We registered our relationship with Manitoba Vital records as common law as we signed a lease together, already have joint bank accounts and all that so i was hoping he could qualify as my common law partner as such”


If this is the case you have lied to the government. You are not common law. Signing a lease together does not make you common law. You must fix this error. Who suggested you file for common law?

 

[Myyenks]

Is he originally from Spain? It is a very unusual story. Most people do not meet once in person and then move to Canada to live with someone who has not received PR yet. You will have to specify that you are trying to become common law plus prove that you both have the extra funds to support him while he can not work which will likely be almost another year. If he arrived in June and was given a 6 month stay he would have been out of status for more than a few days.

Didn't live in Spain. Spanish parent. Shuttled between Netherlands and Africa. Ok so when he got here, he was given till November, then we asked for an extension till January (because he still wasn't sure he would like it here especially because of the weather in this part of Canada) but then he has come to love it here and of course because of the relationship as well. so he was given the extension till January 15th so that's why he's been out of status for a few days.

 

[Myyenks]

Please only post on the public forum.

“Thanks for your responses to my question. We registered our relationship with Manitoba Vital records as common law as we signed a lease together, already have joint bank accounts and all that so i was hoping he could qualify as my common law partner as such”


If this is the case you have lied to the government. You are not common law. Signing a lease together does not make you common law. You must fix this error. Who suggested you file for common law?

That we will definitely fix. and we did ask if we could register the relationship and they said the requirement for registering our relationship was to show proof that we are cohabiting and in a conjugal relationship. They didn't mention the one year thing and so that is why when i came online today and saw all of that i was confused.