Working while Waiting for Common Law PR

[potatotoman]

Hi,

I am currently living and working in BC on a two year IEC work holiday visa. My common law girl friend who i live with is Canadian and i am applying for sponsorship through her. I submitted my application on paper but have received it back due to a form that was incorrect. I will be re-sending the application next week.

My IEC visa expires in November and I am very concerned that my common law sponsorship application will not be processed in time.

Do i have any options for continuing to stay and work here after Novemeber if my application has not been processed by then. Should i be submitting an open work permit application with this common law application? I did not the first time around.

I have been trying to find this info online without finding anything concrete so I thought i would ask here.

Thank you in advance for any responses.

 

[potatotoman]

I forgot to mention that I am from Ireland

 

[scylla]

Are you applying inland or outland?

 

[potatotoman]

I am applying inland

 

[sylvain1]

I am applying inland

yes apply for an OWP with your inland spousal sponsorship. The processing time is about 4 months, so you should get it on time before your IEC expires. And I say 4 months, but there were a bunch of people that applied in 2017 that got the OWP in 3-3.5 months. By applying for an OWP, even if you don't get it before your IEC expires, you will have implied status as a visitor until CIC makes a decision on your OWP. In the worst case, you could have to stop working for a few weeks if your IEC expires before your OWP arrives.

 

[potatotoman]

yes apply for an OWP with your inland spousal sponsorship. The processing time is about 4 months, so you should get it on time before your IEC expires. And I say 4 months, but there were a bunch of people that applied in 2017 that got the OWP in 3-3.5 months. By applying for an OWP, even if you don't get it before your IEC expires, you will have implied status as a visitor until CIC makes a decision on your OWP. In the worst case, you could have to stop working for a few weeks if your IEC expires before your OWP arrives.

Thank you for the reply Sylvain. That makes sense and I will submit the OWP with my inland spousal sponsorship application.

I have some questions about requirements for the OWP application that I'm hoping you could advise me on?:

• UIC number – where can I find this? My GCKey Username and Password have been previously revoked so I cannot access any of the original documentation from my IEC that might detail this.

• Letter of employment – I have my original job offer from my current employer in an email from November 2015 as well as my original contract signed by the employer. I am still working for the same employer – is this sufficient?

• Current Marital Status – we have been living together for 1.5 years. For Visa purposes 1 year is sufficient for common law but officially for BC more than 2 years is considered common law (I believe). Am I single or common law for this form?

• If you are a participant in the international experience Canada program, provide proof of health insurance covering the intended extension to your length of stay in Canada - I had personal insurance when I began the IEC but I have since cancelled it to avail of BC Medical Service Plan (MSP) instead. Is the MSP sufficient for this?

Thank you in advance

 

[canuck_in_uk]

• UIC number – where can I find this? My GCKey Username and Password have been previously revoked so I cannot access any of the original documentation from my IEC that might detail this.

• Letter of employment – I have my original job offer from my current employer in an email from November 2015 as well as my original contract signed by the employer. I am still working for the same employer – is this sufficient?

• Current Marital Status – we have been living together for 1.5 years. For Visa purposes 1 year is sufficient for common law but officially for BC more than 2 years is considered common law (I believe). Am I single or common law for this form?

• If you are a participant in the international experience Canada program, provide proof of health insurance covering the intended extension to your length of stay in Canada - I had personal insurance when I began the IEC but I have since cancelled it to avail of BC Medical Service Plan (MSP) instead. Is the MSP sufficient for this?

You can leave it blank.

Employment details are not required for an OWP. Put N/A in the employer section.

Federal application, federal rules. What BC considers common-law is irrelevant.

You are not applying for IEC, so you don't submit any proof of insurance.

 

[potatotoman]

You can leave it blank.

Employment details are not required for an OWP. Put N/A in the employer section.

Federal application, federal rules. What BC considers common-law is irrelevant.

You are not applying for IEC, so you don't submit any proof of insurance.

Thank you!

 

[mountroyal]

i had my OWP in 3 weeks after i posted my application and about 2 days after i recieved AOR so November should give you loads of time.Be sure not to leave any gaps in your work history and correct dates as they checked all of mine both in Ireland and in Canada

 

[potatotoman]

Thanks for the replies.

For question 3 on form IMM5710E can anyone help me determine which I am applying for?

• A work permit with the same with the same employer
• An initial work permit or a work permit with a new employer
• Restoration of your status as a worker
• Temporary Resident Permit

I am applying for common law sponsorship but I have been working with the same employer since i arrived in Canada and will continue to do so.

Thanks!

 

[canuck_in_uk]

Thanks for the replies.

For question 3 on form IMM5710E can anyone help me determine which I am applying for?

• A work permit with the same with the same employer
• An initial work permit or a work permit with a new employer
• Restoration of your status as a worker
• Temporary Resident Permit

I am applying for common law sponsorship but I have been working with the same employer since i arrived in Canada and will continue to do so.

Thanks!

An initial work permit. As it is an Open Work Permit, you do not include employer details.

 

[potatotoman]

An initial work permit. As it is an Open Work Permit, you do not include employer details.

Thank you again .

I previously asked about the UCI and you suggested leaving it blank. I have since found my UCI on my work permit (IEC). Should I include it on my form or it is only associated with my IEC and not my OWP? Sorry I'm finding this very confusing!

 

[canuck_in_uk]

Thank you again .

I previously asked about the UCI and you suggested leaving it blank. I have since found my UCI on my work permit (IEC). Should I include it on my form or it is only associated with my IEC and not my OWP? Sorry I'm finding this very confusing!

Sure, put it down. It will always be the same for all of your applications. Most people don't know it, so that's why it's fine to leave it blank.

 

[potatotoman]

i had my OWP in 3 weeks after i posted my application and about 2 days after i recieved AOR so November should give you loads of time.Be sure not to leave any gaps in your work history and correct dates as they checked all of mine both in Ireland and in Canada

How accurate do i need to be with employment dates? I have a few part time jobs from when I was a student in Ireland. Would I also have to include part time summer jobs that I worked in the USA? I will struggle to get exact dates for these - even exact to the month would be difficult. Would it affect my application if i'm off by a month or two on certain dates?

 

[spousalsponsee]

• If you are a participant in the international experience Canada program, provide proof of health insurance covering the intended extension to your length of stay in Canada - I had personal insurance when I began the IEC but I have since cancelled it to avail of BC Medical Service Plan (MSP) instead. Is the MSP sufficient for this?

Thank you in advance

This is unlikely to be a problem at this point, but this was a really big mistake. It is a programme requirement of IEC to have insurance that covers repatriation, and Provincial healthcare is explicitly not adequate, as it does not cover this. If you cancelled it and got your money back, you committed immigration fraud (you agreed to have insurance as part of entry, you benefited financially from not doing so), if you didn't get any money back then... you placed yourself out of IEC compliance for no reason.