Student visa extension with common law form

[CDNvisaQ]

Hello, my girlfriend is a international student who has to extend her student visa for another 3-4 months so she can graduate. I am a Canadian Citizen.

She has been living with me for over a year now and we saw in the student visa extension forms that she could apply with common law status. Would this mean she will be given a work permit as well or do we need to apply for that seperately? Or is it implied that if we do the student visa extension forms and the common law declaration forms that they will process her for a open work permit same time?


Any help or insight would be great

 

[k.h.p.]

She would not be permitted to get a work permit simply by extending her student status and noting that she is common-law.

To get her an open work permit, you would need to apply to sponsor her as a Permanent Resident based on your status as common-law married. That involves signing an undertaking promising to support her for three years, and being on the hook for any welfare she may take up if she cannot find work. The cost for a PR sponsorship is $1040, and the open work permit application is $255.

If you have sufficient documentation of your cohabitation (living together) you can apply and it takes about a year (sometimes quicker) for the PR to be processed. The OWP from the spousal PR can take about 3-5 months to be processed.

On the other hand, if your girlfriend is successful in extending her study permit, and if she is attending a designated learning institution that is eligible for post-graduate work permits, and if her program is a year or more, she would potentially be eligible for a work permit upon graduation. She could apply for that and you could apply to sponsor her as your common-law wife (or, if you marry, your wife) in the future.

 

[CDNvisaQ]

Ok great, so including me in the application to extend her student visa is just a formality to update records and nothing else?

Also in the guide 5552 https://www.canada.ca/en/immigratio...nditions-extend-your-stay-canada-student.html Under question 9 it says:

Note: If you are in a common-law union, you must also complete the Statutory Declaration of Common-law Union (IMM 5409) form and include it with your application. If you are married, you must provide a photocopy of your Marriage license or certificate with your application



But on the canadian immigration website after doing the questionnaire (selecting common law) and seeing all the forms needed to upload, that form was not on the required list of forms that need to be filled and uploaded.

And yes her program will let her be eligible for a post graduate work permit, so she will be applying for that after she graduates and gets her final transcript.

Thanks again for your help

She would not be permitted to get a work permit simply by extending her student status and noting that she is common-law.

To get her an open work permit, you would need to apply to sponsor her as a Permanent Resident based on your status as common-law married. That involves signing an undertaking promising to support her for three years, and being on the hook for any welfare she may take up if she cannot find work. The cost for a PR sponsorship is $1040, and the open work permit application is $255.

If you have sufficient documentation of your cohabitation (living together) you can apply and it takes about a year (sometimes quicker) for the PR to be processed. The OWP from the spousal PR can take about 3-5 months to be processed.

On the other hand, if your girlfriend is successful in extending her study permit, and if she is attending a designated learning institution that is eligible for post-graduate work permits, and if her program is a year or more, she would potentially be eligible for a work permit upon graduation. She could apply for that and you could apply to sponsor her as your common-law wife (or, if you marry, your wife) in the future.