Common law/restoration

[VictorW]

Hello.

I’ve been reading a lot on this forum and I must say, it is of great help many times unfortunately I wasn’t able to find the answer to a couple of my questions, therefore I decided to go ahead and post here for the first time.

I’m writing to enquire information regarding an immigration issue. I am a Swedish citizen who came to Canada under the International Experience Canada program (working holiday visa) a year ago and have lost my work status due to completion of time. Three months prior to the expiry date of my working permit I reapplied for a new work permit thinking I could deliberately apply under the same program but as I did more research I eventually realized I wasn’t eligible to apply under the same conditions, since Swedish citizens can only work up to 12 months in Canada under the IEC program. I received the refusal letter pertaining to the work permit application the same day of the expiration of at the time my current work permit which automatically meant that I’m under no status. In the refusal letter I got informed about the possibility to apply for a restoration of status, but since my original program doesn’t allow me to acquire a second work permit I understand I can not apply for it (restoration) or can I?


My first question is in order to not be in Canada without status can I apply for a temporary visitor visa and in that case, would it be as part of restoration? How do I apply for a visitor visa within Canada?


Secondly I moved to Canada because my now common law partner lives here (permanent resident) We met in February 2016 while travelling in Thailand, after that she travelled to Sweden to be with me and eventually I came to Canada under the International Experience Program IEC. Since the main reason of me staying in Canada is being together with my partner we are considering her sponsoring me as a common law partner. So my questions are.

Do I still need to apply for a restoration of my status if we decide to apply for PR as common law?


If we apply for PR and open work permit at the same time does that mean I would have a new status (implied) or would I have to apply for a visa until PR decision has been made?


If I decide to leave Canada and get back in would I be given a visitor visa on arrival although I overstayed (8 days)?

Is it better to apply for PR as common law before or after leaving and re-entering Canada?


My concern is having to stay in Canada without a status and at the same time I wouldn’t want to leave since I live with my partner and we have a very strong relationship where we both have decided to stay together for the long run.


Thank you so much in advance for your time and your responses.
Best regards,
Victor

 

[Chroniverous]

Have you applied to change your status ? Or has your employer applied for a LMIA for you? I read in another thread that a Visitor visa will work for restoration so hopefully an expert comments. Id also post in the other forums just as well. To apply for common law you have to be living with your significant other for 12 months with no gaps. For the common law proof you'll need things such as Joint bank, Cell phone plan, rental agreement, maybe a joint Costco card and etc . . for at least a years worth. If you apply In land you can apply with an open work permit that takes around 3 to 4 months in which you're able to work during the application process. Reentry to Canada is always up to the agent but if Sweden is a visa exempt country then you'll be able to visit 6 months at a time unless you apply for an extension to visit longer.

 

[Masonb6888]

Hello.

I’ve been reading a lot on this forum and I must say, it is of great help many times unfortunately I wasn’t able to find the answer to a couple of my questions, therefore I decided to go ahead and post here for the first time.

I’m writing to enquire information regarding an immigration issue. I am a Swedish citizen who came to Canada under the International Experience Canada program (working holiday visa) a year ago and have lost my work status due to completion of time. Three months prior to the expiry date of my working permit I reapplied for a new work permit thinking I could deliberately apply under the same program but as I did more research I eventually realized I wasn’t eligible to apply under the same conditions, since Swedish citizens can only work up to 12 months in Canada under the IEC program. I received the refusal letter pertaining to the work permit application the same day of the expiration of at the time my current work permit which automatically meant that I’m under no status. In the refusal letter I got informed about the possibility to apply for a restoration of status, but since my original program doesn’t allow me to acquire a second work permit I understand I can not apply for it (restoration) or can I?


My first question is in order to not be in Canada without status can I apply for a temporary visitor visa and in that case, would it be as part of restoration? How do I apply for a visitor visa within Canada?


Secondly I moved to Canada because my now common law partner lives here (permanent resident) We met in February 2016 while travelling in Thailand, after that she travelled to Sweden to be with me and eventually I came to Canada under the International Experience Program IEC. Since the main reason of me staying in Canada is being together with my partner we are considering her sponsoring me as a common law partner. So my questions are.

Do I still need to apply for a restoration of my status if we decide to apply for PR as common law?


If we apply for PR and open work permit at the same time does that mean I would have a new status (implied) or would I have to apply for a visa until PR decision has been made?


If I decide to leave Canada and get back in would I be given a visitor visa on arrival although I overstayed (8 days)?

Is it better to apply for PR as common law before or after leaving and re-entering Canada?


My concern is having to stay in Canada without a status and at the same time I wouldn’t want to leave since I live with my partner and we have a very strong relationship where we both have decided to stay together for the long run.


Thank you so much in advance for your time and your responses.
Best regards,
Victor

so one thing you definitely want to avoid is being in Canada illegally. It would be better to apply for PR through Common-law and do Inland, if you have enough time, and get an OWP for three months. If you can't. you'll have to apply outland. Which current processing time is one year. or possibly less.
I'm curious if you could quickly get in an INLAND application, and then apply for an extended Visitor Visa and have a legal status in canada (not working) and then wait the 2-4 months it takes for OWP and then just move on from there. I would look into your options and concider your timelines.

 

[Rob_TO]

We met in February 2016 while travelling in Thailand, after that she travelled to Sweden to be with me and eventually I came to Canada under the International Experience Program IEC.

So to confirm, you've spent at least 12 consecutive months living together, with no long breaks? And you have proof/evidence to show this, like shared lease agreement, shared bills, bank accounts, insurance, mail to same address etc etc?

Do I still need to apply for a restoration of my status if we decide to apply for PR as common law?

Yes.
If you applied for common-law PR sponsorship, the OWP received depends on you having valid status in Canada at the time you apply. The OWP can NOT be granted without valid status to begin with.

However this is easily overcome, as long as you don't go past 90 days with no status. You would just submit the PR app, OWP app, and restoration of status app all in the same package. They will process the restoration of status and OWP at the same time.

If I decide to leave Canada and get back in would I be given a visitor visa on arrival although I overstayed (8 days)?

Yes this is another option. Of course you hold a visa-exempt passport, so you don't get a visa. You would get new visitor status upon entry. In this case you could then apply for inland PR with OWP, without needing the restoration of status app.

Worst case scenario here is that the CBSA officer you encounter sees your recent overstay, and for whatever reason denies you entry into Canada. This would of course threaten your common-law status if you and your partner need to be away from each other an extended time. So because of this risk, I would just go with the restoration of status option mentioned above.

 

[Buletruck]

Worst case scenario here is that the CBSA officer you encounter sees your recent overstay, and for whatever reason denies you entry into Canada. This would of course threaten your common-law status if you and your partner need to be away from each other an extended time.

I thought that once common law was established (12 month continuous cohabitation), that separation, as long as they maintain regular communication, etc that the common law relationship is still valid, despite being apart, as long as the relationship hasn’t ended?

 

[Rob_TO]

I thought that once common law was established (12 month continuous cohabitation), that separation, as long as they maintain regular communication, etc that the common law relationship is still valid, despite being apart, as long as the relationship hasn’t ended?

Yes very true. This would only apply if it happened during the 12 months qualifying period for common-law. Assuming they have good evidence back to day 1 though, you are correct this should not be a concern for common-law (although being denied re-entry would still be problematic).

 

[majesty]

Hello.

I’ve been reading a lot on this forum and I must say, it is of great help many times unfortunately I wasn’t able to find the answer to a couple of my questions, therefore I decided to go ahead and post here for the first time.

I’m writing to enquire information regarding an immigration issue. I am a Swedish citizen who came to Canada under the International Experience Canada program (working holiday visa) a year ago and have lost my work status due to completion of time. Three months prior to the expiry date of my working permit I reapplied for a new work permit thinking I could deliberately apply under the same program but as I did more research I eventually realized I wasn’t eligible to apply under the same conditions, since Swedish citizens can only work up to 12 months in Canada under the IEC program. I received the refusal letter pertaining to the work permit application the same day of the expiration of at the time my current work permit which automatically meant that I’m under no status. In the refusal letter I got informed about the possibility to apply for a restoration of status, but since my original program doesn’t allow me to acquire a second work permit I understand I can not apply for it (restoration) or can I?


My first question is in order to not be in Canada without status can I apply for a temporary visitor visa and in that case, would it be as part of restoration? How do I apply for a visitor visa within Canada?


Secondly I moved to Canada because my now common law partner lives here (permanent resident) We met in February 2016 while travelling in Thailand, after that she travelled to Sweden to be with me and eventually I came to Canada under the International Experience Program IEC. Since the main reason of me staying in Canada is being together with my partner we are considering her sponsoring me as a common law partner. So my questions are.

Do I still need to apply for a restoration of my status if we decide to apply for PR as common law?


If we apply for PR and open work permit at the same time does that mean I would have a new status (implied) or would I have to apply for a visa until PR decision has been made?


If I decide to leave Canada and get back in would I be given a visitor visa on arrival although I overstayed (8 days)?

Is it better to apply for PR as common law before or after leaving and re-entering Canada?


My concern is having to stay in Canada without a status and at the same time I wouldn’t want to leave since I live with my partner and we have a very strong relationship where we both have decided to stay together for the long run.


Thank you so much in advance for your time and your responses.
Best regards,
Victor

I would stay in Canada if at all possible. My partner was here for IEC a few years ago and had his then employer apply for an LMIA (LMO at that time). He got a negative response for his LMO as it wasn't in a high demand NOC. This is an option, however, you should make sure the NOC of your job is one where you will likely receive an LMIA.

If you are committed to your partner, I would agree with those who have said that you should try to apply for a visitor's visa and get an inland application in as soon as possible so you can stay with your girlfriend/partner. Apply for the OWP and possibly, you might be able to be reinstated in your current job. Once my partner left, it was difficult for his company to hold his spot and not find a replacement for his job while he was investigating coming here through other routes.... we did not consider applying for sponsorship at that time because the average waiting time for his country was 18 months and we felt that maybe his chances to come here would be faster through an economic stream, however, that didn't work out for us. If you tell your employer that you will be hopefully getting an OWP in a few months, maybe they will keep the job open for you and then you can stay here with your partner and work at your old job while you wait for your PR through the inland route, assuming you qualify as common-law.

 

[newsaeedr]

Dear @VictorW

I am facing a very similar situation as you have described above. Any chance you could explain how it all ended up for you and whether you managed to stay and get your work permit eventually?