Common Law and Work Permits

[srfheat]

Hi,

A little confused with the rules for work permits once you become common law, which my girlfriend (Canadian citizen) and I (Brit, currently here on will become on 1st May.

As I understand it, if we apply for PR inland then once we have passed phase 1, I will be able to apply for an open work permit.

From the CIC Help Centre, Who can apply for an open work permit? page:

1. Who can apply for an open work permit?

You may be eligible to apply for an open work permit if you are in one of the following situations:

You are already working in Canada and your application for permanent residence has been approved under one of the following :
Spouse or Common-law Partner in Canada class

However, are we apply to apply earlier (i.e. as soon as we qualify for common law) if my girlfriend has a 'skilled job', separate from our PR application

2. Your spouse is

a skilled worker in an occupation under the National Occupational Classification (NOC) skill type 0, A or B ,
a foreign student

With the waiting time for stage 1 currently at 8 months, it would be a big help if I can get a work permit shortly after we qualify.

Thanks for your help!

 

[Carlaganda23]

Hi,

A little confused with the rules for work permits once you become common law, which my girlfriend (Canadian citizen) and I (Brit, currently here on will become on 1st May.

As I understand it, if we apply for PR inland then once we have passed phase 1, I will be able to apply for an open work permit.

From the CIC Help Centre, Who can apply for an open work permit? page:
However, are we apply to apply earlier (i.e. as soon as we qualify for common law) if my girlfriend has a 'skilled job', separate from our PR application

With the waiting time for stage 1 currently at 8 months, it would be a big help if I can get a work permit shortly after we qualify.

Thanks for your help!

Your question for skilled job for Spouse only for the people who are Temporary Foreign Worker who are in Canada applying for PR.

 

[Rob_TO]

However, are we apply to apply earlier (i.e. as soon as we qualify for common law) if my girlfriend has a 'skilled job', separate from our PR application

No, her being your common-law partner has absolutely no bearing on if you can get a work permit or not. To work you would need to find a company willing to go through LMO process for you, or to try for working holiday/IEC work visa (all done separate from PR app)... if you wanted to work before stage 1 approval inland.

With the waiting time for stage 1 currently at 8 months, it would be a big help if I can get a work permit shortly after we qualify.

You should look into the outland process as well. If you apply through London visa office, you could have your full PR in around the same time it takes to get just stage 1 of inland. Read the London VO thread to see people's recent time lines there.
With outland app you could also come and go from Canada as you please during processing, as opposed to being stuck inside Canada for 16 months or so with an inland app.

 

[srfheat]

Thanks, guys.

I have already used my 2 IEC working holiday visas and tried unsuccessfully to get my work to sponsor me through PNP. I don't see any possibility of getting an LMO in my current situation.

Looks like the best method is going to be to apply outland then?

 

[srfheat]

And, to be clear, once stage 1 is approved or we go outland and my PR is approved, I will be able to get an open work permit regardless of what category job my gf has or I apply for?

 

[Rob_TO]

And, to be clear, once stage 1 is approved or we go outland and my PR is approved, I will be able to get an open work permit regardless of what category job my gf has or I apply for?

Yes
Inland - You can get OWP after stage 1/AIP (approval in principal).
Outland - You can get SIN and work after full PR is approved

 

[srfheat]

Thanks for your responses.

Assuming I decide to apply outland, once we have submitted the application is it a viable option for me to return to the UK to work?

Obviously the paperwork would already be submitted but I'm wondering whether doing this would violate our status as common law. You mention I can come and go as I pleased but would being out of Canada for, say, a few months just void the whole thing?

 

[Rob_TO]

Thanks for your responses.

Assuming I decide to apply outland, once we have submitted the application is it a viable option for me to return to the UK to work?

Obviously the paperwork would already be submitted but I'm wondering whether doing this would violate our status as common law. You mention I can come and go as I pleased but would being out of Canada for, say, a few months just void the whole thing?

Its fine to return to the UK. Once you've lived together 12 months and established common-law, you can then separate for periods of time and you will still be common-law. In the same situation with a married couple, they could live apart for some time but are still considered married. Whether common-law or married... just don't stretch the time apart as in both cases it will look suspicious if you've lived apart for several years or something.

Applying as common-law when the sponsor is in Canada and applicant is in home country, is quite common. The only "extra" thing you may need to do, is to prove ongoing relationship in case they ask. So make sure you keep proofs that show you are still in the common-law relationship even though temporarily living apart i.e. phone or chat logs, emails, gifts/money transfers etc etc.

Read here for more: http://www.cic.gc.ca/ENGLISH/RESOURCES/manuals/op/op02-eng.pdf
5.36. How can someone in Canada sponsor a common-law partner from outside Canada when
the definition says “is cohabiting”?