Can I work?

[Princescyther]

Hello,

I'm sure this is a stupid question but if I was to be sponsored by my partner in Canada, am I allowed to work? My visa has just ran out and I recieved a letter telling me I need to leave straight away. Obviously I will adhere to that demand but if my status is changed to sponsored partner can I work?

Thanks in advance

 

[MissDominica]

Sorry, no you can't. And you should leave before they change the order to a deportation order, which will make it MUCH harder for your spouse to sponsor you in the future. If you leave on your own, you sponsorship will go better for you.

 

[Princescyther]

Thanks for your reply, I'm in the middle of booking a flight as I type this.

So my partner will have to sponsor me for 2 whole years before I can work again?

 

[chipits]

Thanks for your reply, I'm in the middle of booking a flight as I type this.

So my partner will have to sponsor me for 2 whole years before I can work again?

Once you actually have permanent residency you can work. It is during the process that you cannot.

 

[Princescyther]

Thanks for your reply,

During the sponsership stage however am I able to get a work permit? Or is it a case of one or the other?

 

[CheshireCats]

You are posting in the family sponsorship thread, so by partner, are you meaning husband/wife...common law partner?

If you are in Canada you can apply for inland sponsorship. No you cannot work right away but right now it is 6 months for AIP, and with AIP you can get an open work permit.

As soon as you lodge the application you are free to stay here while it is in progress.

When did they ask you to leave by????

 

[Princescyther]

Yes im referring to my common-law partner.

Im not sure what AIP is? Can you explain a little more about it?

The letter was sent on the 15th Jan and I received it today (25th) and it states I should leave immediately.

 

[CheshireCats]

Im not sure what AIP is? Can you explain a little more about it?

The letter was sent on the 15th Jan and I received it today (25th) and it states I should leave immediately.

AIP is approved in prinicpal. What that means is when CIC receives your application they first approve your sponsor... you get AIP which allows for you to get a work permit and health care while you wait for the 2nd stage to go through...
Have you applied for Permanent residency or do you even want to???
Do you have a sponsor...

I think you need to do a bit more research...you have options!

 

[Princescyther]

Thanks for all the info.

This forum has become our research lol. My common-law partner wants to sponsor me but we were struggling to find the terms of a sponsorship for example can I work during this process. We literally got this letter an hour ago and are now scurrying around the net trying to make this situation better.

So, I haven't applied for permanent residency because I read that you had to work in Canada for 2 years before you could apply. I was on an open work permit but that ran out in December, I applied for an extension and during that time I was put on implied status. I was rejected because even though I was working the letter tells me that 'It has been determined that you are not a person whose employment will create or maintain significant employment, benefits or opportunities for Canadians citizens or permanent residents'.

So if we send in this application for sponsorship on Monday am I then allowed to stay within Canada? Or do we have to wait for a reply before we are considered AIP?

I'm not sure what other options we have to tell you the truth.

 

[CheshireCats]

I am trying to find some more information for you...as I don't know your circumstances it is difficult to find the proper information and more senior members on this site would be more then happy to help you...

For now, take a look at this thread...

http://www.canadavisa.com/canada-immigration-discussion-board/-t46995.0.html

You are in the right place if you need help, everyone on this site is amazing!! You can navigate and search through this site, you will find others that have been or are in your situation!!

 

[CheshireCats]

Geesh...

So many questions you have to look at...like I said do your research and try to figure out where you belong...meaning, how long have you and your partner been together. Are there children involved...is there criminality or medical issues.
I am not an expert on this...I sponsored my husband, I could tell you a bit about our circumstances...he was given an open work permit 3 months after we applied for PR but that was because we were able to prove why our circumstances justified the issuance of an OWP (ie...so many reasons that I won't get into on a public thread LOL ) my husband only has AIP at the moment and his OWP just expired, we're awaiting the extension...so in the same stitch you were in...

Do your research...I can guarantee that you will NOT be able to have an application for PR in by Monday. It took me 5 weeks to put together, and we were married!! It is a very lengthy process

You might want to look at an outland application process...it is much faster but once again, each case is individual...I don't know your circumstances!!

Are you and your CLP preparing or planning on getting married???

 

[truesmile]

So, I haven't applied for permanent residency because I read that you had to work in Canada for 2 years before you could apply.

So if we send in this application for sponsorship on Monday am I then allowed to stay within Canada? Or do we have to wait for a reply before we are considered AIP?

I'm not sure what other options we have to tell you the truth.

The 2-year rule you mentioned has to do with the holder of a WP, who is able to apply for PR after two years of reported, valid employment within any conditions stated on that WP. An application for Spousal PR is different, it is not a time-base application (albeit time and patience are required while waiting).

No, it's too late for that now, you have to leave ASAP. You would have needed to get "sponsorship approval" in order to maintain "implied status".

 

[Princescyther]

Thanks ill take a look at that post.

We don't have any children and neither of us have any criminal background or medical problems whatsoever. We do plan on getting married one day but we were hoping we could get married after im fully emigrated into Canada. So there hasn't been any real plans put in place as of yet.

I'm 26 and she is 25, we have lived together for a year and almost 2 months.

So my visa history is:-

Dec 4th 2011 open work permit starts,
Oct 27th 2012 I asked for an extension on my work permit,
Dec 3rd 2012 open work permit ends,
Dec 3rd 2012 Implied status starts,
Jan 15th Refusal letter sent,
Jan 25th Refusal letter received

Another question I have is that I've been asked to leave immediately but, If I was to return to the UK for a week or so, return as a visitor and then apply for an inland sponsor can I stay? Or is that considered fraud in someway?

On cic.gc.ca it states the following: -

'You can apply as a sponsor if your spouse, common-law or conjugal partner, or accompanying dependent children live with you in Canada, even if they do not have legal status in Canada. However, all the other requirements must be met.'

Now surely I fall into that scenario?

Thanks again for your advice cats.

 

[CheshireCats]

Hmm...you need to restore your status somehow, but with that letter I am just not sure!!!

Yes, because you are common law you can stay and apply inland but because of that letter I just don't know what to say.
I want to help you so badly!!!

What kind of ties do you have to Canada...joint bank accounts, leases/mortgages, drivers license...

I don't know about the going home for a bit then returning because they'll question you at customs and might fear you overstaying.

Do you have the money to see a lawyer??
What province are you in?

 

[truesmile]

Thanks ill take a look at that post.

We don't have any children and neither of us have any criminal background or medical problems whatsoever. We do plan on getting married one day but we were hoping we could get married after im fully emigrated into Canada. So there hasn't been any real plans put in place as of yet.

I'm 26 and she is 25, we have lived together for a year and almost 2 months.

So my visa history is:-

Dec 4th 2011 open work permit starts,
Oct 27th 2012 I asked for an extension on my work permit,
Dec 3rd 2012 open work permit ends,
Dec 3rd 2012 Implied status starts,
Jan 15th Refusal letter sent,
Jan 25th Refusal letter received

Another question I have is that I've been asked to leave immediately but, If I was to return to the UK for a week or so, return as a visitor and then apply for an inland sponsor can I stay? Or is that considered fraud in someway?

On cic.gc.ca it states the following: -

'You can apply as a sponsor if your spouse, common-law or conjugal partner, or accompanying dependent children live with you in Canada, even if they do not have legal status in Canada. However, all the other requirements must be met.'

Now surely I fall into that scenario?

Thanks again for your advice cats.

In that case, can you visit the U.S. let's say for a day or two? Make sure CBSA knows that you left Canada, and then return (or attempt to do so) as a visitor. You won't be able to restore your status now. Inland could be risky if you have to leave before AIP comes in, since inland applications are abandoned once you leave Canada. You CAN actually apply 'outland' even IF you are in Canada, which has a 60 - 90 sponsorship approval timeline, and then your PR application is processed out London. The snag with 'outland' is you're not allowed to work until the whole process is complete and your application has been decided upon.