Find errors in my OWP + "implied status" hunting plan for common-law partner

[canadian-gentleman]

Hello helpful people,

I am an international student in Canada on a study permit. My partner wants to secure an open work permit. We have a plan worked out on how to best approach this - would you help us find any barriers or flaws we may have missed?


The Details:

- I have a study permit until mid 2018
- My partner is currently living with me in Canada on a 1-year open work permit through the International Experience Canada program (IEC - also known as working holiday visa)
-We are not common-law yet. We did not live together in our home country, but she moved in with me the day that she arrived in Canada. (I arrived first, she then followed several months later.)


The Plan:

We plan to apply for an open work permit for my partner, as we will be considered common-law after living together for one year. We plan to submit this application on the day before my partner’s current IEC work permit expires. This way we hope to achieve “implied status”, which means my partner can continue working until a decision has been made on this new application despite the expiration of the first work permit.

My partner's current work permit states:
-date of issue 10 August 2015 (which was the day she moved in with me)
-Expiry date: 10 August 2016

We plan to submit the application on 9 August 2016 because
a) We cannot submit the application any earlier since my partner only moved in with me on 10 August 2015: On 9 August 2016 we will have lived together for a full year (we think - see question 2 below) .
b) We cannot submit the application any later because the application has to be submitted before the current permit expires to secure implied status.


The Questions:

1) Are we assuming correctly that we have exactly one day and one day only on which we can submit the application in order to secure implied status?
2) Are we considered common-law on 9 August 2016? - that is day number 366 since it is a leap year
3) Are we missing something / is there an error in our plan?
4) Does my partner need to flagpole on 9 August 2016 (non-visa exempt passport but has a TRV still valid at that point)?
5) Can my partner leave and return to Canada during implied status?


Sorry about the long rant. Thank you for your help!

 

[canadian-gentleman]

Maybe my question was too long, but it really boils down to this:

The CIC website defines common-law partners as: "...living together for a period of at least one year."

So, if two people move in together on 10 August 2015, will they be considered common-law on 9 August 2016? Or will the application be rejected because the one year is not complete?

 

[Ponga]

Yes, regarding the Common-Law eligibility date, but...Implied Status is, in essence, an extension of whatever status the person had. An IEC visa cannot be extended, therefore Implied Status (as a worker) may not apply to her.

I say that because there have been several discussions about this very topic in these forums. Some people have been lucky, while others have been found to have worked illegally.

 

[Ponga]

Have a look at this:
http://britishexpats.com/wiki/Implied_Status_IEC

Much of this information stems from discussion in these forums.


Good luck!

 

[canadian-gentleman]

An IEC visa cannot be extended, therefore Implied Status (as a worker) may not apply to her.

Wow, that just opened a whole other can of worms, I thought Implied Status would of course apply here - thank you for this valuable information, Ponga.

Without wanting to re-open the discussion around the legality of Implied Status after an IEC work permit, I want to post this: I just got off the phone with CIC and sure enough the agent confirmed that Implied Status would apply to my partner after the IEC work permit. I guess they really do give out false information, because the consensus in your link and this forum, Ponga, seems to clearly be that Implied Status does not apply after IEC work permits.

Again, thanks a lot for your help!

 

[Ponga]

It really is a confusing situation.

I'm not saying, with absolute certainty, that she should stop working while awaiting the OWP, only that it has been an issue for some people...while others have had no issues. Perhaps it boils down to the interpretation of the individual officer at CIC when they process the paperwork?

If it's financially feasible, I would err on the side of caution and not work.

 

[zardoz]

One other thing. Question 4&5. The moment you cross the border out of Canada, even for flagpole, implied status ceases.

 

[Ponga]

One other thing. Question 4&5. The moment you cross the border out of Canada, even for flagpole, implied status ceases.

Good point.

+1