SOWP for common law partner while I am on PGWP

[JSN123]

Hello,

I am on my PGWP of 3 years and with a Teer 1 (NOC A) job which already few months of pay stubs. my common-law partner's PGWP is expiring now since he had only 1 year of PGWP, since I have a longer work permit can he apply for a work permit (SOWP or any open work permit)? We both are inside Canada and would apply for PR soon together.

 

[canuck78]

Hello,

I am on my PGWP of 3 years and with a Teer 1 (NOC A) job which already few months of pay stubs. my common-law partner's PGWP is expiring now since he had only 1 year of PGWP, since I have a longer work permit can he apply for a work permit (SOWP or any open work permit)? We both are inside Canada and would apply for PR soon together.

Do you have proof of your common law status? Did you notify CRA when you became common law for example? Do you have proof from the start of your relationship that you were living together with the date. Like a lease with both your names on it with the date from the start of the common law period. Things like bills in both or either of your names on it with your address and dates throughout the one year common law period. If you have all this info and are listed as common law with the government you should be able to get an OWP based on their PGWP.

 

[JSN123]

I have certain proofs like:

1. Joint bank account
2. Payment of utility bills from that joint account (Bills are in my name only, we can't make it joint)
3. Driver's license of both on the same address
4. Address registered at the banks of the same address
5. Rent payments from the same joint bank account
6. Tenant insurance on both our names
7. Mobile bills on the same address but not a joint account
8. We would also change our marital status in the next taxation to "Common law"

If those are enough, can you please guide me a little about the OWP, is it the same as SOWP and when to apply for that, and any conditions applicable?

 

[canuck78]

I have certain proofs like:

1. Joint bank account
2. Payment of utility bills from that joint account (Bills are in my name only, we can't make it joint)
3. Driver's license of both on the same address
4. Address registered at the banks of the same address
5. Rent payments from the same joint bank account
6. Tenant insurance on both our names
7. Mobile bills on the same address but not a joint account
8. We would also change our marital status in the next taxation to "Common law"

If those are enough, can you please guide me a little about the OWP, is it the same as SOWP and when to apply for that, and any conditions applicable?

You must notify CRA of your change to common law when it happens and not the next time you file taxes because being common law affects the calculation of any benefits your may receive like HST rebate for example. If you don’t notify you could end up owing CRA money. Not updating your status also doesn’t provide proof that you are common law if government organizations still have you listed as single. Many of the proofs you have listed do not prove that you have been living together for a year. In terms of bills you need proof that the bills with the same address started a year ago when you started living together and continued for at least one year. For example having tenants insurance with both your names is a good start but you also need proof of your approval for tenants insurance and your first bill with the date and address over a year ago.

 

[JSN123]

We started living together last September 2022, so should I notify you this September as we complete 1 year?

Also, what else we can try to prove that we are common law? Tenant insurance was approved for both of us,

 

[JSN123]

On some portals, its mentioned that we need to live 3 years together to prove common law specifically for "Ontario" however the federal law mentions "1" year only. Can someone help to understand the requirements?