US to Canada with Common-Law Partner - Applying for permits early?

[androbes]

I'm a US citizen and I've been admitted to a Canadian university for a grad program starting this coming fall (2014). Ideally I will get my study permit at the point of entry and my common-law partner will get an open-work permit at the same time. I'm wondering how early I can apply for these permits. I imagine I'll have my passport, Certificate of Acceptance of Quebec, and all of my supporting documentation in order (I already have my letter of admission/funding) by March or April, and the program starts in September. Applying at the border, as I understand it, only takes a few hours, so our only serious wait times are for the aforementioned passport and CAQ.

What I'm wondering is: Is there an absolute earliest date after which I can apply at the point of entry? For instance, if we visit Canada this spring or summer can we apply for my study permit and my partner's open work permit at the point of entry? I'm not interested in applying early so that I can move early (though I'd like to move a month before my program starts so I can get settled in); rather, I want to apply as early as possible so my partner and I can find out if she'll be granted her open-work permit. If she isn't then I understand she can still enter for 6 months as a visitor, but she wants to be working, so the work permit is a big deal for us and will be a deciding factor as to whether or not she'll come live with me during my studies.

The international students office at my school recommended that we pack our bags and apply at the border as we're moving in, but if my partner's application is rejected at the border, we'll be in a difficult situation - so we'd like to know as far ahead of time so we can plan accordingly. Does anyone have any insights on any of this? Thanks in advance!

 

[androbes]

Anyone have any advice?

 

[Regina]

CIC definitely does not like when students come early. You have to have serious grounds to make your explanation at POE reasonable. And right now your intention is not.

Why do you think if you girlfriend's application for open WP is denied she could enter for 6 month as a tourist? I do not doubt she could ( I suppose she is a US citizen too?) but I doubt that if her Open WP is declined at Port of Entry she could just turn around and say: "Hei, then I would like to enter as a tourist".

Why does not she enter as a visitor with you and then, already in Canada, applies for an Open work permit or finds an employer and apply for WP under NAFTA ?

 

[androbes]

Thanks for your response Regina. I understand how my reason for wanting an early decision is rather mundane and wouldn't carry much weight at the POE. I certainly do not seek an early entrance to the country though, but I don't know if permits begin on the date they are issued or if we could get permits in May that would only be active come September. I suppose that point is moot if just the act of showing up early will be a red flag for officers.

The international student office at my school told me the bit about my partner entering as a visitor if her work permit is declined. You make a good point about that, and perhaps that will make me reconsider mailing in my application instead. That way if her permit is declined when I get mine (presumably a month or so before classes start) she'd still be able to come as a visitor. At that point perhaps she could find a NAFTA approved position, as you suggested. If she is declined for an open-work permit, but is allowed in as a visitor, would she be able to apply again for the open-work permit after we move? I imagine you have a limit to how many times you can apply...

Our goal of figuring all this out prior to the day we move is so she can know whether or not living in Canada will allow her to continue her professional development. Though we support each other financially, she does not want to be out of work as she aims to apply to grad school eventually as well (not necessarily Canadian), so she is not in a position to just go vacation and put her professional life on pause while I get my degree. All very personal, I know, and will be meaningless to anyone at the POE, which is why I'm trying to work this all out as early as I can. Thanks again for your help.

 

[Regina]

There some weak points in your plan. I guess you do not realized that because you are an American and you have no troubles with traveling (entering) other countries. On the other hand people who have to obtain visas to get into developed countries can see those weak points right away.

If her work permit will be declined, to come as a visitor shortly after that could be a problem. In their system she will be seen as a person who asked and did not get a work permit. And soon after that she tries to get to Canada as a visitor? Come on! And visitor what for? To stay with another American who is a student?

However if she comes as a visitor without trying to get a work permit then she can ask for open work permit on the 61st day after arrival. Why on 61st? because for some unknown reason Immigration thinks that changing your mind after 2 months since you said your are only visiting and do not think to work is a reasonable time to change you mind completely.

At POE they ask you for "your purpose of coming to Canada" and if you say "to work" you cannot change your mind two weeks later and say :OK, you did not allow me to work, then I will come as a visitor/tourist. Yea... and you will swear you are not going to work when only two weeks ago your intend was exactly TO WORK? :'(

She can get an open work permit. There is a for she will need to complete. Look at page 3, box 1. There she will chose Open work permit.
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5710E.pdf

I think she can tell at POE that her purpose is to see you to the university, to help you to settle.. bla-bla-bla.. because if she says "to stay with you" she will need to show that she (you or you both) has enough money to stay without working. It is not much, just +$4000 a year for her living expenses but still you better have them available.

However, I do not see any reasons why she could not get a work permit at POE. You can explain that you told here, that she is your common law spouse (have some proof), you want to be together, she wishes to work that's why she asks for Open work permit. But, as I said you have to have enough funds to cover her $4000 living expenses. To show at POE that if she does not get a job you are covered. Like - we would like to be together, if she finds a job- OK, if she does not- then you have enough money.

 

[androbes]

I've actually never tried to enter another country, so my naivete on these matters stems mostly from that! The school I'm going to made it sound like there was nothing to worry about, but I suppose they just wanted me to pay the deposit already

From your explanation it sounds like we need to decide on one course of action and stick with it, and not try to get in with an OWP, then try to get in as a visitor, then try to get in as...

It sounds like the two serious options are:

1. Apply together for study permit and OWP for partner - if she gets rejected, it might be hard for her to get a visitor permit, so this option is "all or nothing."

2. Apply together for study permit and visitor permit for partner - after 61 days she can apply for OWP from inside Canada or get NAFTA-approved job (using the "Application to Change Conditions" form you posted). The downside is that she won't be able to work for 61 days (not a huge deal), but she still might get rejected for the OWP, in which case she won't be able to work at all. We have the $4,000 for her to not work, but it would use up a lot of our savings and put us in a difficult position (broke, no money) after we leave, so that is worrisome, but I suppose moving to another country necessitates some insecurity and risky moves.

Thankfully showing proof that we can support ourselves/each other without work won't be a problem, so at least that won't be a roadblock for us in getting a visitor permit.

For the 61 days until she can apply for a work permit - does that mean 61 days into her visitor permit, or does she have to physically be in Canada for 61 days? Would she be able to help me move, then go back to the US for a month or so, and then come back and apply for the work permit?

Thanks again for your guidance. It is extremely helpful to talk to a real person about this, and an experienced/knowledgeable one at that, so thank you for your advice.

 

[Regina]

For the 61 days until she can apply for a work permit - does that mean 61 days into her visitor permit, or does she have to physically be in Canada for 61 days? Would she be able to help me move, then go back to the US for a month or so, and then come back and apply for the work permit?

I think there should not be a problem with applying on the 61st day after the date of the first entrance. Came as a visitor, went back, came again and after all on the 61st day descided she actually would like to work, why not?

You aslo can call to CIC and ask them a question about you situation in details. On phone they do not ask your name. Just tell them the situation and what you want and they will tell you what is legal and how you should prepare.

About money if she comes first as a visitor: you have to show them but if she applies and gets OWP and find a job then you do not have to spend them. If she does not get OWP- you already had some plans for that, didn't you? Having those available $4000 to show at POE is only to secure her entrance (because even with OWP permit there is no guarantee that she will get a job, and CIC would like to be sure that you (or she) are able to support her (herself)).