Confusion about applying for an open work permit (while processing permanent residency application)

[fanvandjetkan]

Hi there!
I am not sure if this is the right place to ask, but I cannot get through to the CIC/IRCC and there are not that many other options.

A little context:
I am from the Netherlands, my wife is Canadian. I have been here since September (and I am allowed to stay exactly 6 months), and in February we will be together for a year, officially. I am done filling out all the forms, and the processing times seem to be in our favour (6 weeks for a work permit).

I don't know what forms I need to fill out to apply for the open work permit. If you include it in your sponsorship application, do you also need to fill out the 'Statuary Declaration of Common-Law Union' form? We are legally married (here in Canada).

So basically my question is; what forms do I need to include to apply for an open work permit? Definitely the checklist, payment receipt and the application, but is there anything else? Do I need to pay for biometrics twice, since I am also paying for biometrics when applying for the sponsorship?

Is a copy of my marriage certificate sufficient, or do I need to include the official one?

On February 26th I will lose my legal status, I am also planning a trip with my wife in March, so I am going to extend my visitor visa. Does anyone have any experience with that? The requirements are a bit vague.

Thank you so much in advance!

 

[scylla]

Hi there!
I am not sure if this is the right place to ask, but I cannot get through to the CIC/IRCC and there are not that many other options.

A little context:
I am from the Netherlands, my wife is Canadian. I have been here since September (and I am allowed to stay exactly 6 months), and in February we will be together for a year, officially. I am done filling out all the forms, and the processing times seem to be in our favour (6 weeks for a work permit).

I don't know what forms I need to fill out to apply for the open work permit. If you include it in your sponsorship application, do you also need to fill out the 'Statuary Declaration of Common-Law Union' form? We are legally married (here in Canada).

So basically my question is; what forms do I need to include to apply for an open work permit? Definitely the checklist, payment receipt and the application, but is there anything else? Do I need to pay for biometrics twice, since I am also paying for biometrics when applying for the sponsorship?

Is a copy of my marriage certificate sufficient, or do I need to include the official one?

On February 26th I will lose my legal status, I am also planning a trip with my wife in March, so I am going to extend my visitor visa. Does anyone have any experience with that? The requirements are a bit vague.

Thank you so much in advance!

If you are married you could have applied for PR immediately after marriage. There is no requirement to live together for a year first (that's only for those who are unmarried and going the common law route). The Declaration of Common Law Union doesn't apply to you since you are married.

FYI - open work permit processing is actually around 4 months for an inland application (not six weeks).

How long are you planning on leaving Canada for in March?

 

[fanvandjetkan]

If you are married you could have applied for PR immediately after marriage. There is no requirement to live together for a year first (that's only for those who are unmarried and going the common law route). The Declaration of Common Law Union doesn't apply to you since you are married.

FYI - open work permit processing is actually around 4 months for an inland application (not six weeks).

How long are you planning on leaving Canada for in March?

Thank you so much for responding!

Wish I would've known that earlier, but we'll manage anyways, hopefully.

For just a week, I'm going with my spouse. (16th of March until the 25th)

Do you happen to know if you are supposed to include your official marriage certificate, or is a copy also fine?

Work permit seems to be 6 weeks according to https://www.canada.ca/en/immigratio...vices/application/check-processing-times.html

 

[scylla]

Thank you so much for responding!

Wish I would've known that earlier, but we'll manage anyways, hopefully.

For just a week, I'm going with my spouse. (16th of March until the 25th)

Do you happen to know if you are supposed to include your official marriage certificate, or is a copy also fine?

Work permit seems to be 6 weeks according to https://www.canada.ca/en/immigratio...vices/application/check-processing-times.html

The processing times you're looking for are for other categories of work permits. These processing times do not apply to OWPs issued based on inland spousal sponsorship applications. Again, you're looking at four months.

I don't know if an original or copy is required (processes keep changing). It's all going to be outlined in the application guide.

You want to ensure you have valid status in Canada at the time you apply for inland spousal sponsorship + OWP (otherwise the OWP will be significantly delayed).

If you apply to change your status to visitor before your IEC expires to extend your stay in Canada and keep your status here legal, that will only be good as long as you remain in Canada. Once you leave, you'll be entering as a brand new visitor.

 

[fanvandjetkan]

The processing times you're looking for are for other categories of work permits. These processing times do not apply to OWPs issued based on inland spousal sponsorship applications. Again, you're looking at four months.

I don't know if an original or copy is required (processes keep changing). It's all going to be outlined in the application guide.

You want to ensure you have valid status in Canada at the time you apply for inland spousal sponsorship + OWP (otherwise the OWP will be significantly delayed).

If you apply to change your status to visitor before your IEC expires to extend your stay in Canada and keep your status here legal, that will only be good as long as you remain in Canada. Once you leave, you'll be entering as a brand new visitor.

That makes sense, thank you!

I can't seem to find the information about the marriage certificate anywhere, not even the application guide.

I do have a valid status at the moment, and I am ready to send out the documents. Do you have any suggestions on what I can do to be able to re-enter the country?

 

[fanvandjetkan]

Note to others with the same question about processing times:

"
Open work permits for spouses or common-law partners in Canada
If you’re applying under the Spouse or Common-Law Partner in-Canada class, you may qualify for an open work permit while your application for permanent residence is being processed. You can submit your application for an open work permit together with your application for permanent residence, or after you apply.

To include your open work permit application with your application for permanent residence, use the Application to Change Conditions or Extend Your Stay in Canada as a Worker. After filling this out, place the open work permit application right underneath the sponsorship checklist.

See the Help Centre for information about Open work permits for spouses and partners.

Note: If you’re applying under the Spouse or Common-Law Partner in Canada class and you’ve submitted an application for an open work permit, your work permit will normally be processed within four months."

https://www.canada.ca/en/immigratio...nsor-your-spouse-partner-child.html#appendixB

 

[np08]

That makes sense, thank you!

I can't seem to find the information about the marriage certificate anywhere, not even the application guide.

I do have a valid status at the moment, and I am ready to send out the documents. Do you have any suggestions on what I can do to be able to re-enter the country?

Your checklist will state whether or not the marriage certificate has to be original, not the application guide. If it doesn't specify anything, copies are okay.

 

[fanvandjetkan]

Your checklist will state whether or not the marriage certificate has to be original, not the application guide. If it doesn't specify anything, copies are okay.

"If you (the principal applicant) are legally married to your sponsor, provide your marriage certificate or other proof that your marriage is legally registered with governmental authorities in the jurisdiction where it took place. A record of solemnization or marriage license is not acceptable."

It doesn't specify on the checklist, so I guess copies are okay. I might just include the original anyways, to be sure.

 

[canuck_in_uk]

"If you (the principal applicant) are legally married to your sponsor, provide your marriage certificate or other proof that your marriage is legally registered with governmental authorities in the jurisdiction where it took place. A record of solemnization or marriage license is not acceptable."

It doesn't specify on the checklist, so I guess copies are okay. I might just include the original anyways, to be sure.

It clearly states right above that on the checklist to submit photocopies unless your country-specific requirements state to send originals.

 

[fanvandjetkan]

It clearly states right above that on the checklist to submit photocopies unless your country-specific requirements state to send originals.

I don’t see a clear statement. It says your marriage certificate. Not your original marriage certificate or a copy of your marriage certificate.

 

[np08]

I don’t see a clear statement. It says your marriage certificate. Not your original marriage certificate or a copy of your marriage certificate.

It is clear, though. As the instruction says, unless originals are specified, send copies. If it just says "marriage certificate", it means originals are not required. Otherwise it would have been specified.

 

[canuck_in_uk]

I don’t see a clear statement. It says your marriage certificate. Not your original marriage certificate or a copy of your marriage certificate.

Not sure how you are missing it. Literally right above the statement you are quoting, it says: "Please submit photocopies (unless originals are required by the country specific requirements)...". Can't get any clearer than that.