Common Law Bridging Open Work Permit

[scotland91]

Hi all!

Just wondering if anyone and their partner have applied for a bridging open work permit under common law before?

We are both British and have lived/worked in Toronto from June 2017 and have now applied for PR. With our original working holiday visas's due to expire at the end of June 2019 we will have to apply for a Bridging Open Work Permit.

I'm the primary applicant on our PR application with my girlfriend as my common law spouse. We're trying to apply for a bridging visa just now but can't find a lot of information on whether both of us or only the primary applicant can apply for the bridging visa?

Any information/experience would be appreciated,
Thanks!

 

[jes_ON]

Hi all!

Just wondering if anyone and their partner have applied for a bridging open work permit under common law before?

We are both British and have lived/worked in Toronto from June 2017 and have now applied for PR. With our original working holiday visas's due to expire at the end of June 2019 we will have to apply for a Bridging Open Work Permit.

I'm the primary applicant on our PR application with my girlfriend as my common law spouse. We're trying to apply for a bridging visa just now but can't find a lot of information on whether both of us or only the primary applicant can apply for the bridging visa?

1. There is a ton of information on the IRCC website.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/provincial-nominees-permanent-resident-applicants/bridging-open-work-permits.html

"To be eligible for a BOWP, foreign nationals must ...

• be the principal applicant on an APR under the FSWC, the CEC, the FSTC, the PNC (see note below), or 1 of the 2 caregiver classes"

At the bottom of the page:
Spouse or common-law partner and dependants
"Certain conditions must be met by the holder of a BOWP in order for their spouse or common-law partner to also be eligible for an open work permit under subparagraph R205(c)(ii) as a spouse or common-law partner of a skilled worker (see International Mobility Program: Public policy, competitiveness and economy)."


2. Only the principal applicant is eligible for a BOWP. The spouse *MAY* be eligible for a spouse open work permit (based on the PA's BOWP), depending on the program under which the PR application has been submitted. I wish I could assume you applied under CEC since this is the CEC forum, but I am often wrong when I do that : ) But if you are CEC, there are no conditions.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html#skilled-workers
"Eligibility for specific spousal situations
Spouses of bridging open work permit (BOWP) holders
If the principal foreign worker has obtained a BOWP, the following eligibility requirements apply:

• All principal foreign workers’ work permits must be valid for six months or longer.
• For spouses or common-law partners of federal skilled worker class (FSWC) applicants, the BOWP holder must be performing work that is at a level that falls within NOC skill levels 0, A or B.
• For spouses or common-law partners of provincial nominee class (PNC) applicants, the spouse or common-law partner is eligible for an open work permit for the duration of the work permit held by the principal PNC applicant, irrespective of the skill level of the principal PNC applicant’s occupation.
• For spouses or common-law partners of federal skilled trades class (FSTC) applicants, the BOWP holder must be performing work that is within one of the skilled trade occupations in NOC skill level B.
• For spouses or common-law partners of Canadian experience class (CEC) applicants, there are no set preconditions to be met by the principal CEC applicant.
• For spouses or common-law partners of caregiver applicants (caring for children class or caring for people with high medical needs class), the BOWP holder must be performing work within one of the qualifying occupations in NOC skill level 0, A or B."

NOTE that you can submit both applications at the same time; for your spouse's open work permit application, she would have to include evidence of your BOWP application. If your application is approved, then hers should be too. If your BOWP application is refused, then her SOWP application will also be refused. When you apply for your BOWP, do not forget to attach a copy of your AOR email...

 

[skeogh]

"NOTE that you can submit both applications at the same time; for your spouse's open work permit application, she would have to include evidence of your BOWP application. If your application is approved, then hers should be too. If your BOWP application is refused, then her SOWP application will also be refused. When you apply for your BOWP, do not forget to attach a copy of your AOR email."

This response really helped me too thank you. The above quote really isn't stated anywhere on the IRCC website so again thank you.

One last part I am not sure about is, do I apply for my spouses BOWP under my CIC account or does she have to sign into hers and apply herself?

 

[SarahHalifax]

Hi, did you ever get a response to your question above? Currently trying to submit an application in the sam situation and completely lost!

 

[scotland91]

Hi, did you ever get a response to your question above? Currently trying to submit an application in the sam situation and completely lost!

Hi Sarah! Yes I eventually found the answer, if you've applied for PR together then yes you can apply for the Bridging visa together. It's been months since I did this but you can choose "common law" somewhere in the questions and it allows you to add your partner on

 

[SarahHalifax]

Hi Sarah! Yes I eventually found the answer, if you've applied for PR together then yes you can apply for the Bridging visa together. It's been months since I did this but you can choose "common law" somewhere in the questions and it allows you to add your partner on

Oh god, I haven't been given that option. I've been told by others that the dependant applies for theirs at the same time and just submits proof of the primary applicants application. Why is this so difficult?!

 

[scotland91]

Oh god, I haven't been given that option. I've been told by others that the dependant applies for theirs at the same time and just submits proof of the primary applicants application. Why is this so difficult?!

Aw honestly the whole process is a nightmare, so much more complicated than it needs to be. but yeah we definitely applied together for the bridging visa, I just can't remember which bit you can choose it from, sorry!

 

[CLAIRE87]

Oh god, I haven't been given that option. I've been told by others that the dependant applies for theirs at the same time and just submits proof of the primary applicants application. Why is this so difficult?!

Hey there! I am currently in exactly the same situation as you were and am SO pleased I have finally found this thread after weeks and weeks of searching... Can you remember if you did end up getting the option to select 'common-law' somewhere?

And to confirm, you did apply from within your CIC account by clicking 'Apply to come to Canada'? Would be so grateful if you can let know what actual the process waste physically submit both the BOWP and OWP together. Like, was is actually 'together', or do you do a BOWP and then submit that and then the OWP come automatically after it?

 

[nll]

Hey there! I am currently in exactly the same situation as you were and am SO pleased I have finally found this thread after weeks and weeks of searching... Can you remember if you did end up getting the option to select 'common-law' somewhere?

And to confirm, you did apply from within your CIC account by clicking 'Apply to come to Canada'? Would be so grateful if you can let know what actual the process waste physically submit both the BOWP and OWP together. Like, was is actually 'together', or do you do a BOWP and then submit that and then the OWP come automatically after it?

Yes, you apply within your account by clicking 'Apply to come to Canada' and you submit it together (one application like the PR with a common-law)

 

[Tophele]

"NOTE that you can submit both applications at the same time; for your spouse's open work permit application, she would have to include evidence of your BOWP application. If your application is approved, then hers should be too. If your BOWP application is refused, then her SOWP application will also be refused. When you apply for your BOWP, do not forget to attach a copy of your AOR email."

This response really helped me too thank you. The above quote really isn't stated anywhere on the IRCC website so again thank you.

One last part I am not sure about is, do I apply for my spouses BOWP under my CIC account or does she have to sign into hers and apply herself?

Since you applied for you both you will have to use only you account.