Current Status as Visa denied.

[Spontaneoussam]

Hello,

My application for inland commonlaw sponsorship was denied today after a year of waiting

I came to Canada on an IEC in 2016, which has expired now, I applied for an OWP mid application last year which wasw granted and is valid until 2020. Due to application being denied am I still eligible to stay in Canada until my work expires, as I'm not technically on any visa. I've not been informed I need to leave, just a letter stating that my sponsor was ineligible. We are hoping to reapply inland.

 

[Linda_s74]

Hello,

My application for inland commonlaw sponsorship was denied today after a year of waiting

I came to Canada on an IEC in 2016, which has expired now, I applied for an OWP mid application last year which wasw granted and is valid until 2020. Due to application being denied am I still eligible to stay in Canada until my work expires, as I'm not technically on any visa. I've not been informed I need to leave, just a letter stating that my sponsor was ineligible. We are hoping to reapply inland.

Why was your sponsor not eligible? You need to rectify this before you apply again.

 

[Spontaneoussam]

We were short by a few days of cohabitation, looking back I think we only had 352 days of proof of cohabitation :/ something which we can now prove.

Does my WP mean I can stay until it expires?

 

[scylla]

We were short by a few days of cohabitation, looking back I think we only had 352 days of proof of cohabitation :/ something which we can now prove.

Does my WP mean I can stay until it expires?

Yes - you can stay until the WP expires and your status in Canada will remain legal until then.

Unfortunately you do need a minimum of 365 days of continuous cohabitation to be considered common law. If you were a day or two short, you were correctly refused. Sounds like you should have more than enough days now - so just go ahead and reapply.

 

[Spontaneoussam]

Thanks a million I've been worrying all morning that we would have to leave and apply outland :/

 

[Jazzercise]

We were short by a few days of cohabitation, looking back I think we only had 352 days of proof of cohabitation :/ something which we can now prove.

Does my WP mean I can stay until it expires?

Ouch, that's too bad you were only a few days short. At least you have your WP and can re-submit PR the application while continuing on with your life in Canada. Best of luck with the new application!

 

[np08]

Thanks a million I've been worrying all morning that we would have to leave and apply outland :/

Open work permits granted as part of inland applications are not withdrawn/cancelled in case of sponsorship rejection (save for some extreme cases of the principal applicant being deported due to other reasons) so you have valid status and the ability to work in Canada til the permit expiry regardless, even if you chose to not reapply for sponsorship (like in cases of relationship/marriage breakdown).

Like @scylla said, you can reapply now that you satisfy the cohabitation requirement and you may continue working on your existing work permit in the meantime.

 

[S2111S]

Open work permits granted as part of inland applications are not withdrawn/cancelled in case of sponsorship rejection (save for some extreme cases of the principal applicant being deported due to other reasons) so you have valid status and the ability to work in Canada til the permit expiry regardless, even if you chose to not reapply for sponsorship (like in cases of relationship/marriage breakdown).

Like @scylla said, you can reapply now that you satisfy the cohabitation requirement and you may continue working on your existing work permit in the meantime.

And will the Valid OWP allow one to travel outside Canada and enter Canada again till the OWP datebis valid ?

 

[np08]

And will the Valid OWP allow one to travel outside Canada and enter Canada again till the OWP datebis valid ?

Work permits are not entry documents (it says so at the bottom of your work permit, if you take a look). In order to enter Canada, you need either a valid visitor visa or, if you're visa exempt, a valid ETA.

 

[canuck_in_uk]

Thanks a million I've been worrying all morning that we would have to leave and apply outland :/

As you already have a valid OWP, you should apply outland. It's fine to be in Canada while an outland app processes.

 

[S2111S]

Work permits are not entry documents (it says so at the bottom of your work permit, if you take a look). In order to enter Canada, you need either a valid visitor visa or, if you're visa exempt, a valid ETA.

Thank you for the clarification np08

 

[Canucks and Hawks]

Can you reapply now?