+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445
Jun 30, 2018
4
0
My PR card expired a few years ago and I am planning on crossing the border with my partner who is currently applying for an open work permit program so that I can stay there for 2+ years and renew my PR with him in CA with me. Hoping that I can either sponsor him in once I renew my card or that he can immigrate on his own.

He recently received his invitation to apply for an open work permit, and has to list any spouse/common law partners. If he lists me could it jeopardize my permanent residency as I am not within my 2 years to renew? Currently we have been living together in the US for 9 months at the time of his application, with a period of 3 months last summer where we were not living together, and before that we were living together for just under a year. So total, we have been together well over a year, but have not been living together continuously for 12 months yet. Is that loose enough for us to say that we are not yet in a common law relationship?
 
What open work program is he applying for? IEC? Normally you get a closed work permit when coming to Canada. Unless you have been living together for 12 months continuously you are not common law.
 
He's coming through IEC, with a specific program that is open to Americans. It's an open work permit. We were thinking that because we haven't been living together continuously for 12 months yet that we wouldn't have to claim common law, even though it was only a 3 month break. Weren't sure as to how long could be considered a break.
 
You can't claim common law. There is a good chance that the fact that you have not met your RO will be discovered. Are you also American?