Applying for Open Work Permit while waiting for Visitor Record Extension

[MattMatt]

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 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 entered into a common-law relationship because we'd been living together for a long time but didn't want to commit to marriage.
[EDITED FOR CLARITY] We obtained a 'Statutory Declaration of Common-Law Union' from the notary, but we've been together for 2 years.

-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 Visitor subforum, let me know if I should remove]

 

[scylla]

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 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 entered into a common-law relationship because we'd been living together for a long time 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 Visitor subforum, let me know if I should remove]

Did you and your girlfriend live together outside of Canada continuously for at least one full year and did you include evidence of this in the application? Did your GF list you as a common law partner in her study permit / PGWP application?

If the visitor extension is refused and you applied for the second open work permit after your six months stay ended, then you would need to apply to restore your status. Flagpoling is not recommended if you are out of status.

I'm not sure flagpoling now is a good idea. This can be a bit of a dice roll. Ultimately your call.

 

[MattMatt]

Did you and your girlfriend live together outside of Canada continuously for at least one full year and did you include evidence of this in the application? Did your GF list you as a common law partner in her study permit / PGWP application?

We've lived together for more than 2 years. I realize my phrasing wasn't great, I meant that we recently obtained a 'Statutory Declaration of Common-Law Union' at the notary.

If the visitor extension is refused and you applied for the second open work permit after your six months stay ended, then you would need to apply to restore your status. Flagpoling is not recommended if you are out of status.

So if I choose to flagpole, and if I fear my visitor extension will be denied, I should it before they give me an answer.

I'm not sure flagpoling now is a good idea. This can be a bit of a dice roll. Ultimately your call.

Yeah, I messed up and lost a lot of time when I first applied without knowing about this common-law relationship status in Canada. I just want to support my partner so she can focus on her studies. Hopefully, we'll make it through.