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Common law spouse sponsorship and work permit

MissRoxie

Member
Aug 1, 2019
12
1
Hi everyone. I have a few (o.k., SEVERAL) questions about how to get my work permit and getting spousal sponsorship. I'm currently in Canada as a student, although I've been done with my classes for a few months now. My study permit runs out at the end of the month (in exactly 30 days). I was told that since my bf and I have been living together for over a year, we are common law and he can sponsor me, and that I could apply for a work permit at the same time. Can I apply for both before my study permit runs out or do I have to wait until it's no longer valid? Also, when I got my study permit, it was issued to me at the border on the same day I applied for it. Will that be an option for at least my work permit? From what I've been reading, getting the sponsorship is a very involved and lengthy process, so I'm o.k. with that not being granted the same day. My concern is not having enough time to get at least the work permit issued (I don't want to move back to the States, that would be bad for our relationship. We already did the long distance thing for a couple months before I moved up here and it was emotionally hard). If that is the case, what are my other options? I'd rather not extend my study permit because I really can't afford to pay for another round of classes. For the sponsorship and work permit, what are all the documents required? I've read conflicting things about what all I need to bring with me. As for where to go, I think I saw where there is an immigration office in Mississauga, and that is considerably closer to us and more practical than going all the way down to the border. Can we apply there? Any advice would be appreciated
 

Jnicole45

Hero Member
Jul 28, 2019
307
98
Vancouver, BC
Category........
FAM
App. Filed.......
16-05-2019
AOR Received.
24-07-2019
If your status in Canada runs out in 30 days (when your study permit expires) you're going to need to apply for a Temporary Resident Visa (Visitor Visa) (https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay/eligibility.html) because you'd be going from a study permit to a visitor. Because that requires a change of conditions for your visa, you can't apply for a visitor record (which you'll see a lot of us talk about), so it may not give you implied status in Canada (the ability to stay until a decision is made). I didnt do enough research into the TRV to find out if that's the case, but it should tell you if that's the case as you proceed. APPLY ASAP. If your status in Canada lapses, you'll be an overstay, which can effect future immigration decisions.

Your sponsorship and work permit is another story. It is quite an involved process, so start that as soon as you can. The immigration website will give you the whole application package and instructions you need to apply as a common-law spouse. The most important thing you will need to prove is that you have combined your lives in a way that you're basically married but without the marriage license. Try to have as much "proof of cohabitation" paperwork as you can (I'm not sure what it is for common-law but for spouse we were given the option of sending, like, our lease agreements, joint bank accounts, utility bills, etc.) So you're prepared if they ask for more. Also follow the checklist carefully (I forgot my birth certificate because it was the last item on a page and scrolled right past it, and my application was returned). Also read the full application guide, bookmark it so you can reference it a million times, it was my savior in most of my weird "what do they really want on this form..." questions.

As for your work permit, you can submit an open work permit application with your sponsorship/PR package if your are applying in the "In Canada" class (which means you have to maintain legal status in Canada THE WHOLE TIME the application is processing, hence why you need to apply for a TRV ASAP) and it's not an instant thing like your study permit. You can apply on paper with your PR application (which has to be done on paper) or you can apply online, but to apply online I believe you have to wait until your PR application has been accepted and is processig (which can take anywhere from a few weeks to a couple months, it's a crapshoot). Neither the PR application nor the Open Work Permit can be done in person at an immigration office. Best advice I can give you for your OWP is make sure you pay BOTH fees (theres an application fee and a specific OWP fee, totalling $255) and for the work history that's part of one of the forms, you gotta include everything for like the past 10 years (or I think back to high school if that's been less than 10 years?) including periods where you were not employed or in school. Be thorough.

My (now)husband and I were long distance for 3 years before we got married and started living together, so I for sure know how much it sucks to be apart. Best of luck!