12 Month common law question

[mikegran]

Hello. Myself and my girlfriend are in the process of applying for common law.
We have been in a long distance relationship since September 2016. She came to Canada in October 2019 on a IEC - 1 year work permit.
On the application it says we need a minimum of one year living together. As of now we are at 10 months, but her visa ends October 2020 when we would hit the one year.
Are we still able to send in the application? It would technically be 11 months together by the time we send it, then by the time its reviewed we have hit the one year mark.
Does anyone have any information on this? Should we go through and apply? Or should we change her status to visitor, and wait until the end of october and send in the application?

Any help would be appreciated!!
thank you

 

[Joeydocs]

Hello. Myself and my girlfriend are in the process of applying for common law.
We have been in a long distance relationship since September 2016. She came to Canada in October 2019 on a IEC - 1 year work permit.
On the application it says we need a minimum of one year living together. As of now we are at 10 months, but her visa ends October 2020 when we would hit the one year.
Are we still able to send in the application? It would technically be 11 months together by the time we send it, then by the time its reviewed we have hit the one year mark.
Does anyone have any information on this? Should we go through and apply? Or should we change her status to visitor, and wait until the end of october and send in the application?

Any help would be appreciated!!
thank you

She needs to extend her stay as a visitor for one more month and then when you reach the 12 month mark apply. She should write in her letter of explanation for the visitors extension that you are filing a common law app and needed one more month.

 

[mikegran]

She needs to extend her stay as a visitor for one more month and then when you reach the 12 month mark apply. She should write in her letter of explanation for the visitors extension that you are filing a common law app and needed one more month.

Hey Joey
thanks for the response!
I have a quick question for you - i was doing reading on the canadian website and i read that once you change your status to visitor, you cant apply for a work permit?
Does this rule change when we are applying for commonlaw? We were hoping to send in a OWP with the common law application.
Or could we apply to extend her work permit, then apply for commonlaw?

 

[mikegran]

She needs to extend her stay as a visitor for one more month and then when you reach the 12 month mark apply. She should write in her letter of explanation for the visitors extension that you are filing a common law app and needed one more month.

The only thing is she is not here as a "visitor" now, she is here on a work permit - IEC.
So would we be better off changing her status from worker to visitor, then apply when the 365 days are up?
Or should we apply to extend her work permit?

 

[Joeydocs]

The only thing is she is not here as a "visitor" now, she is here on a work permit - IEC.
So would we be better off changing her status from worker to visitor, then apply when the 365 days are up?
Or should we apply to extend her work permit?

Change to visitor as I said before IEC visa expires that way you maintain legal status in Canada. You must apply atleast 30 days before her current status expires. 30 days is just a guideline, could be 15 or 10 days before expiration as long as it’s submitted before you’re fine.

 

[mikegran]

Change to visitor as I said before IEC visa expires that way you maintain legal status in Canada. You must apply atleast 30 days before her current status expires. 30 days is just a guideline, could be 15 or 10 days before expiration as long as it’s submitted before you’re fine.

Thanks for the reply @Joeydocs
So would that be 1. extend my status as a visitor or b. restore my status as a visitor?
Purpose of visit would be other? Then say we are filling out common law app and need a month extension?

 

[Joeydocs]

Thanks for the reply @Joeydocs
So would that be 1. extend my status as a visitor or b. restore my status as a visitor?
Purpose of visit would be other? Then say we are filling out common law app and need a month extension?

Extension. Restoration would be if your status ran out and you didn’t apply to extend your status before it expired for example if your status expired the 1st and you applied the 2nd you would need to apply for restoration.

 

[Joeydocs]

Thanks for the reply @Joeydocs
So would that be 1. extend my status as a visitor or b. restore my status as a visitor?
Purpose of visit would be other? Then say we are filling out common law app and need a month extension?

Yes say you are filling out a common law app and needed one more month. You will more than likely be approved as I applied for the almost the same reason and was approved. After you apply I would send a webform to IRCC showing you paid the fee for app.

 

[mikegran]

Extension. Restoration would be if your status ran out and you didn’t apply to extend your status before it expired for example if your status expired the 1st and you applied the 2nd you would need to apply for restoration.

Makes sense. Thanks for the clarification.

Once we hit the one year mark, then we will apply for common law and we can send in a OWP application so she can be eligible to work again?
I was doing some reading and it looks like after you send in the application for OWP with common law it can take 4-5 months until she has status to work again?

Last question i have - If they give us lets say 2 months visitor for her, and we send our application in within one month, her status then changes and she is allowed to be here past her 2 months she was granted right? She is allowed to be here until they make a decision on our application?

Thanks again @Joeydocs

 

[mikegran]

Yes say you are filling out a common law app and needed one more month. You will more than likely be approved as I applied for the almost the same reason and was approved. After you apply I would send a webform to IRCC showing you paid the fee for app.

Okay thank you!
After we apply for the extension i should send a webform? I believe this is paid and done online?
Or do you mean when we pay the fees for the commonlaw sponsorship, then send them a webform?

Thanks @Joeydocs - bringing my stress levels down a bit haha.

 

[Joeydocs]

Makes sense. Thanks for the clarification.

Once we hit the one year mark, then we will apply for common law and we can send in a OWP application so she can be eligible to work again?
I was doing some reading and it looks like after you send in the application for OWP with common law it can take 4-5 months until she has status to work again?

Last question i have - If they give us lets say 2 months visitor for her, and we send our application in within one month, her status then changes and she is allowed to be here past her 2 months she was granted right? She is allowed to be here until they make a decision on our application?

Thanks again @Joeydocs

Yes implied status is still legal status in Canada. And yes she has to wait 4-5 months to work, at this point it’s even longer with Covid. Apply for atleast 6. I applied for one year and the work permit and was it was granted. The reason I say that is because even though the chances of the OWP being granted is high, there is a small chance that it could be rejected too. Better to be safe then sorry.

 

[Joeydocs]

Okay thank you!
After we apply for the extension i should send a webform? I believe this is paid and done online?
Or do you mean when we pay the fees for the commonlaw sponsorship, then send them a webform?

Thanks @Joeydocs - bringing my stress levels down a bit haha.

Don’t worry man. I know immigration is complicated for some but just do your research and read other threads on here and what people did. I came from the USA at 19 never travelled before in my life and came here with my girlfriend

Okay thank you!
After we apply for the extension i should send a webform? I believe this is paid and done online?
Or do you mean when we pay the fees for the commonlaw sponsorship, then send them a webform?

Thanks @Joeydocs - bringing my stress levels down a bit haha.

Sorry for the confusion. What I meant is pay the fees for the common law sponsorship, then send them a webform showing you paid the fee for the sponsorship. Only do this if you aren't able to submit it with your application for the visitors extension, that will show the officer reviewing your file that you plan to follow through with it.

 

[mikegran]

Don’t worry man. I know immigration is complicated for some but just do your research and read other threads on here and what people did. I came from the USA at 19 never travelled before in my life and came here with my girlfriend

Sorry for the confusion. What I meant is pay the fees for the common law sponsorship, then send them a webform showing you paid the fee for the sponsorship. Only do this if you aren't able to submit it with your application for the visitors extension, that will show the officer reviewing your file that you plan to follow through with it.

Thanks again @Joeydocs
I swear this will be my last question
We will apply tonight to change her status from worker to visitor (cant find any work anyways due to COVID).
Would you recommend applying for this online or mailing it out to them?
Her visa runs out October 12 - so we still have close to 6 weeks.

 

[mikegran]

@Joeydocs
Since she has working status right now, she is covered under Alberta health - and has a alberta health card.
Once we change her to visitor, i believe she will lose her coverage under alberta health. I know from the past visits when she came, she needed to have travel insurance. I am assuming we will have to purchase travel insurance for the time being, until she gets a new work permit?

 

[Joeydocs]

Thanks again @Joeydocs
I swear this will be my last question
We will apply tonight to change her status from worker to visitor (cant find any work anyways due to COVID).
Would you recommend applying for this online or mailing it out to them?
Her visa runs out October 12 - so we still have close to 6 weeks.

Online is more straight forward. Can’t say about the travel insurance not sure about that one.