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Applying for Open Work Permit while waiting for Visitor Record Extension

MattMatt

Member
Feb 2, 2024
19
0
Hi everyone,

I cannot find an answer to my case on this forum. Please let me know if you think I need to do something differently.

I would like to know if my status is maintained while I await an answer for my second open work permit application.

Long story short:
-I entered Canada 7 months ago with a visitor status (eTA).

-My girlfriend joined me a month later after I arrived in Canada, with a student visa (international student, eligible for PGWP).

-I applied for an Open Work Permit.

-I applied for a visitor record extension shortly after, seeing how long it would take to get an answer for the work permit.

-We obtained a 'Statutory Declaration of Common-Law Union' at the notary because we'd been living together for two years already (but didn't want to commit to marriage).

-My first Open Work Permit was denied for the following reasons:
"You have not demonstrated that you are eligible to apply for an Open Work Permit under the Immigration and Refugee Protection Regulations. Your prospective employer is responsible for obtaining a valid Labour Market Impact Assessment and Confirmation from Employment and Social Development Canada.
Your status in Canada is maintained until a decision is made on your most recent application."

I realized that my open work permit could not be accepted because I didn't fit into any category at the time of my application (it's my fault for misinterpreting some public policy).

-I applied for an Open Work Permit a second time, under the exception: "Spouses and common-law partners of study permit holders – [R205(c)(ii) – C42]– Canadian interest – International Mobility Program" (https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/public-policy-competitiveness-economy/c42.html).

What would happen if my visitor record extension were refused? I didn't have a common-law status at that time.
Should I restore my visitor status in that case, or is my status automatically maintained while I await an answer on the second application?
The visitor record extension will likely be processed in the next 30 days, but the work permit will take ~100 days. Should I flagpole to prevent falling out of status?

Please let me know if something is not clear. I appreciate all the help I can get here.

[Cross-posted in the Foreign Workers subforum, let me know if I should remove]
 
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