Work permit outland application

[Poten]

Hi everybody,

My partner and I are gathering all the documents and filling the forms to apply for the Common-law sponsorship application but there's something we dont know if we can do it this way.

He returned home (Nz) in early June last year to finish his last year of school. He will be finished by the end of May then move back to Canada with me with a visitor visa. The idea is to send the application now in February and also send the application to see if he can be elegible for the open work permit as it take 4 months.

We are applying outland as he isn't in Canada but I just read that he can only apply for the open work permit if we apply from inland.

My question is.. Can he apply for the open work permit even doing the outland application? or we have to wait until he move back to Canada to apply inland then be he can be elegible for the open work permit?


Thanks in advance

 

[CDNPR2014]

no, outland applicants are not eligible for the open work permit. if he wants the open work permit, then he will need to apply inland and live in canada for the entire process.

 

[km9203]

Hi everybody,

My partner and I are gathering all the documents and filling the forms to apply for the Common-law sponsorship application but there's something we dont know if we can do it this way.

He returned home (Nz) in early June last year to finish his last year of school. He will be finished by the end of May then move back to Canada with me with a visitor visa. The idea is to send the application now in February and also send the application to see if he can be elegible for the open work permit as it take 4 months.

We are applying outland as he isn't in Canada but I just read that he can only apply for the open work permit if we apply from inland.

My question is.. Can he apply for the open work permit even doing the outland application? or we have to wait until he move back to Canada to apply inland then be he can be elegible for the open work permit?


Thanks in advance

As said above, open work permit is for inland only. He can come over as a visitor, then you can send the inland application and the owp app.If he comes over as a visitor, he should not mention he is applying for PR.

 

[Maina4576]

From my experience dont tell immigration officers at the airport or your port of entry more than they ask for.. just keep it straight and simple

 

[canuck_in_uk]

He will be finished by the end of May then move back to Canada with me with a visitor visa.

My question is.. Can he apply for the open work permit even doing the outland application? or we have to wait until he move back to Canada to apply inland then be he can be elegible for the open work permit?

Hi

Just apply outland now. Sydney is a fast office and averages around 6-8 months. There is no reason to wait 3 months to apply inland and then another 4 months for the OWP when he would most likely be a PR at that point if you apply outland now.

 

[Poten]

Thanks so much everyone

One more question..

Can we apply outland now then once he finishes the school come to Canada as a visitor then wait in Canada for the final decision of his PR application? Will he have to do some sort of interview in Nz before the final decision?

 

[canuck_in_uk]

Can we apply outland now then once he finishes the school come to Canada as a visitor then wait in Canada for the final decision of his PR application? Will he have to do some sort of interview in Nz before the final decision?

Yes, he can come to Canada as a visitor while the outland app processes.

Unless you have some big red flags in your app, he won't be called for an interview.

 

[Poten]

Yes, he can come to Canada as a visitor while the outland app processes.

Unless you have some big red flags in your app, he won't be called for an interview.

Thanks for the info.

When I applied for my PR I didn't mention anything about him. Will this be a problem? I got my PR August 2016 and we have been in a relationship for over 3 years.

 

[canuck_in_uk]

Thanks for the info.

When I applied for my PR I didn't mention anything about him. Will this be a problem? I got my PR August 2016 and we have been in a relationship for over 3 years.

Uh, yeah, that is a huge problem. As you say he returned to NZ in June 2016 and you landed in August 2016, you must have already been common-law when you landed. Your partner is therefore excluded from the Family Class and you will never be able to sponsor him.

 

[canuck_in_uk]

The relationship began in March 2014.
We started living as what CIC considers common-law in June 2014.
In April 2015 I applied for the express entry.
In June of 2015 he went back to Nz
In August 2016 I went home (Spain) for a month
in June 2016 I returned to Canada

You seem to have messed up some of the years in your timeline. I'm assuming your one year of continuous cohabitation was from June 2014 to June 2015.

You were required to declare your partner and add him to your PR application as soon as you became common-law. By failing to do so, you actually committed misrepresentation, immigration fraud. As a result, he is excluded from the Family Class and you can never sponsor him.

 

[Poten]

You seem to have messed up some of the years in your timeline. I'm assuming your one year of continuous cohabitation was from June 2014 to June 2015.

You were required to declare your partner and add him to your PR application as soon as you became common-law. By failing to do so, you actually committed misrepresentation, immigration fraud. As a result, he is excluded from the Family Class and you can never sponsor him.

Sorry..

The relationship began in March 2014.
We started living as what CIC considers common-law in June 2014.
In April 2015 I applied for the express entry.
In June of 2015 he went back to Nz
In August 2015 I went home (Spain) for a month
I lived in Nz with him in his family house September 2015 to December 2015
From December 2015 to June 2016 we lived in Japan
in June 2016 I returned to Canada

Yeah we lived in a common law partnership for 1 year in Canada then 3 months in Nz and 6 months in Japan.

How then can I sponsor him to come to Canada with me?

Do we have to start all over again? I mean cohabit for a year in a common law partnership then apply.

 

[canuck_in_uk]

Yeah we lived in a common law partnership for 1 year in Canada then 3 months in Nz and 6 months in Japan.

How then can I sponsor him to come to Canada with me?

Do we have to start all over again? I mean cohabit for a year in a common law partnership then apply.

Again, he is forever excluded from the Family Class. You will never be able to sponsor him. It doesn't matter if you live together for a year or get married; he will still be excluded. He will need to find a way to immigrate independently.

 

[Poten]

Again, he is forever excluded from the Family Class. You will never be able to sponsor him. It doesn't matter if you live together for a year or get married; he will still be excluded. He will need to find a way to immigrate independently.

What happens if I meet someone after I have obtained my PR and start a relationship with that person?

 

[canuck_in_uk]

What happens if I meet someone after I have obtained my PR and start a relationship with that person?

If you are thinking about saying you met your partner after becoming a PR, that would be fraud. Note that you already committed fraud by not declaring him.

 

[Poten]

If you are thinking about saying you met your partner after becoming a PR, that would be fraud. Note that you already committed fraud by not declaring him.

Well I don't think I committed fraud. How will I include a person I've been with for a year in my app as part of my family? We were just starting the relationship