Need help with my common law options! Help!

[Gary_87]

Hi guys!

I was wondering if anyone could give me some help! I am a British citizen and I have been living in Canada since January 2010. My current visa, which is an IEC visa expires on March 14th.

Here's the deal, I am getting married in August to my fiance. I need to stay in the country and preferably be able to work, but either way, I don't really have an option to leave.

We are completely eligible for common law. We have lived together for a year, we have a joint bank account, we have bought a car together, we have our names on the lease of our appartment (the previous place we lived at didnt have a lease but we have a sworn and signed letter from the landlord), plenty of photos, correspondance,letters and friends and family who will swear to the relationship being genuine. We are commited and we can apply.

My question is, if we apply before my visa expires inland and my application is recieved, does this then grant me implied status once my IEC visa expires as a visitor or a worker? If I apply for an OWP along with our common law application, does this grant me implied status to work in Canada while the application is being processed? (A friend of mine living in Toronto is German and applied for common law with her canadian boyfriend and she applied for an OWP at the same time as their application and she says she is working on implied status while it is being processed...)

If it is as a visitor, can I apply for a work permit while it is happening? I have read I can apply for an open work permit which I can get approved after stage 1, but is there anyway earlier than that?

If I cant get a work permit, do I have to apply to change the status of my IEC visa to visitor along with the common law application or is the implied status a given as soon as you recieve confirmation?

Last question (I promise), if we applied outland, could I potentially sort out an LMO with my employer while I am on visitor status? Or must I wait?

Sorry for all the questions. It's just so confusing and my time is running out. I appreciate any help at all guys, thankyou.

Gary

 

[Sweden]

Hey Gary,

Welcome to the forum!

If you apply inland, you have to file for an open work permit at the same time to get an implied status on your IEC visa. IT's not automatic....
Whether you can work or not is a bit of a grey area. You are for sure allowed to stay in Canada under implied status while you are waiting for a decision, but whether you can work is another thing. There is a similar case here - see the answers. http://www.canadavisa.com/canada-immigration-discussion-board/desperately-need-help-t131047.0.html

Some employers might be willing to let you work, some prefer not to take the risk.

If it is as a visitor, you can apply for a work permit, through a LMO, it's a different process, so you can do that if you find an employer that is willing to get you an LMO.

If you apply inland, yes, you will get an OWP after stage 1, and there is no way to get it earlier (except from doing an LMO etc), and it' only for Inland application - nothing like that for outland.

IF you apply inland, you don't need to do anything, you're under implied status and can stay in Canada (again see the other case, there is the law article related to it). If you apply outland, at the end of your IEC, you will need to apply to "convert" your IEC visa into a visitor one.

If you apply outland, you can definitely sort out a LMO with an employer and start working as soon as you have it. no need to wait.

GOod luck on your application,
Sweden

 

[Gary_87]

Hi Sweden!

Thanks for the response!

The main thing I need is to stay in the country until after August. Applying for common law inland without an OWP application would grant me impled status yes?

However, if I apply for common law inland and apply for an open work permit at the same time this grants me implied status also?

And I can't work on either of them?

I have another question - if I am on implied status after my IEC expires and I have a common law application in AND an open work permit application in, can I work at all? Would I have any validity of a work permit (even implied) or would I need an LMO?

Thanks for your help and for that link. Seems I'mnot the only one really struggling here!

Gary

 

[Rob_TO]

As far as i know, implied status is NOT a work permit. If whatever work permit you have now expires, simply applying inland and getting implied status does not permit you to work at all... it just allows you to stay in the country.

If you apply inland and apply for an OWP at the same time, you will need to wait until after stage 1 processing is approved to get it. I believe stage 1 is taking over 6 months these days (not sure if any additional delay waiting for OWP after stage 1 approval). Also keep in mind if you apply inland, you will not be able to leave Canada at all during the entire time of your application in process.

If you already have an employer that is willing to go through the LMO process for you then i would say go for that as it seems to be your quickest bet.

As for inland vs outland, also take a look at current processing times for London. Current times (for spouse/partner category) show 50% of applications are processed in a maximum of only 6 months... and approval rate is 94% (much higher than inland). So if you apply outland there's a good chance you could have your full permanent resident status in the same time it would take to get your OWP after stage 1 approval inland. Its a bit of a gamble though... and depends on how strong you think your application is.

 

[Sweden]

You're definitely not the only one struggling around here!

If you apply inland, make sure you include the OWP application in your application, and then you have implied status.... whether you can actually work or not is a grey zone and depends quite a lot on your employer... some might be willing to "take the risk", some employers have preferred to stop the contract for a lack of clear definition (if it was a normal OWP the implied status is granted and the OWP is extended, but because it's an IEC visa that normally can't be extended, some employers are reluctant to let people work on implied status).

Also - have you considered applying outland? that for sure won't give you a work permit, but if you're going through London VO, it's a fast office ( you can see the spreadsheet in my signature), and you might be done faster...

Inland for now is 14 months (6 months first stage, and 8 months second stage). You can work for sure ( if you sent the OWP application with the application and it's accepted, but no reason not to do it!) after 6 months, but you can not leave Canada for the duration of the application - all 14 months... no holidays outside of Canada, and no trip for family emergencies to the UK etc - if you leave Canada and denied entry when you come back (quite likely if the border officer can see that you have applied inland), your application will be deemed abandoned and you will have to start again.

You can apply outland and be in Canada the whole time. You would have to maintain status, but as you are from a visa-exempt country, you could stay as a visitor - many people on the forum are doing that.
In that case: when your IEC visa expires, you convert it into a visitor visa. You can not work ( for sure this time! no implied status and OWP for outland applications), but you can stay in Canada, and travel in and out if needed. You can apply for an LMO and if you find an employer willing to give you one, then you can work until your PR comes through.

First stage for outland is listed at 50 days for now, but if you look at the different spreadsheets, some people get it much faster. Some applicants from beginning of November are still waiting, but some applicants from december are already done (see the link in my signature). London VO is a pretty fast office, and you can be done sometimes in 4 months ( my case), sometimes less, sometimes more - it depends if you have an uncomplicated case, and a bit of luck of course.... but you will most likely have your PR quicker outland than inland... and you retain the possibility to travel in and out of the country if needed.

Hope it helps - good luck with the decision!
Sweden

 

[Gary_87]

Thank you both for your help.

If I applied outland in the next month, got all my documents together and sent them off, could I see out the end of my IEC permit and then stay as a visitor until it is approved? We have a pretty strong case I think. My only problem is that I'd need to get police certs from the UK and Australia which can take quite some time! Argh!

I just talked to my friend in Toronto and she said she applied for inland common law and an OWP at the same time in August and her visa expired in November. She said she was told by CIC that it is ok for her to work during the process as she was on implied status after her working holiday permit expird. Im a little confused.

 

[AnaMaria]

Implied status, in terms of work permit in this case, is borne when you extend the same type of visa. See this thread from senior member, Leon. Another senior member PMM commented the same in another thread. (http://www.canadavisa.com/canada-im...lly if s/he did not extend their work permit.

 

[Rob_TO]

If I applied outland in the next month, got all my documents together and sent them off, could I see out the end of my IEC permit and then stay as a visitor until it is approved?

If your current visa expires during the outland process, you will need to apply for a new one. There is no guarantee here (not sure how easy this is for UK citizens), and by some chance if you were not able to renew you would need to return to the UK to wait out the outland process.

I just talked to my friend in Toronto and she said she applied for inland common law and an OWP at the same time in August and her visa expired in November. She said she was told by CIC that it is ok for her to work during the process as she was on implied status after her working holiday permit expird. Im a little confused.

As Sweden mentioned... the CIC and your work are 2 different things. Even if the CIC says its ok, your work may be unwilling to employ someone with an expired SIN on paper. This usually means big penalties for an employer, and they may not understand what "implied status" means for the purposes of extending a work permit.

I think your best bet is to talk to the CIC, and get them write you a letter saying its ok, or to direct you to a website that fully explains this. Then you would need to discuss with your HR at work if its acceptable to them. Don't just assume because the CIC says something... your work will comply!

 

[Sweden]

If you apply outland, it doesn't change anything to your visa situation - if your IEC visa is expiring and you wanted to stay in Canada, you could apply for a visitor visa. However it is more likely to be granted if you have a PR application on-going - or about to be mailed... so when you apply for the change of status, you can explain that you have applied - or preparing the application - for PR, and add the proof: for example, pay the fees (1040$) and include a copy of the receipt.

So yes - you can stay in Canada with outland application, it's legal, and this is what it says on the "inland guideline" :

The family class is aimed at faster processing of spouse or common‑law partner applications from applicants outside Canada.

Processing times for spouses or common‑law partners in Canada are generally longer.

The person being sponsored can apply to a visa office outside Canada to take advantage of the family class processing standard. Processing times for applications processed in Canada are posted on our Web site.

so clearly - if you're in Canada but can apply outland and it's faster, just go for it!

but - the fact that you have sent the PR application doesn't automatically give you a status in Canada (if outland) - you need to apply for a change of status BEFORE your IEC visa runs out - if you apply before, then you are on implied status until you get the answer from immigration about your new status ( you should probably not try to leave the country and re-enter, that would be pushing it, but you're not breaking the law by waiting for the extension and staying in Canada. Not sure it gives you the right to work though...). You cna do it online (one form to fill out and 75$) and it's a pretty straightforward process....

Most of the time CIC will say it's OK to keep on working, but your employer might not "believe" it, that's why it's a bit tricky.
Good luck!
Sweden

 

[Gary_87]

Thanks again guys.

This is such a confusing and complicated process. The timing is all wrong and I'm kind of an idiot for sorting out a wedding in August. I was under the impression that you could work.

My best option I think is to apply the inland route because I cannot afford to go home (money wise) and I need to be here for the wedding (obviously).

If I apply for common law inland, and also an OWP then on March 15th, a day after my IEC expires, I'll be on implied status and I guess I'll just have to wait it out. It's such a pain. I can't affordto go back to the UK. I pretty much HAVE to stay here.

I have a quick question partly off topic but its another option I'm considering. Could I just apply to change my status to visitor and wait until after I am married and then apply for spousal sponsorship? Would the CIC grant me a visitor visa for 6-7 months simply because I ask for it or will they need to know why? Should I tell them it's because I'm getting married or would that make them suspicious? Or should I tell them I wish to travel or something? This is my other option I believe.

Thanks again guys!

 

[Sweden]

Congrats on the up-coming wedding ! and it doesn't make you an idiot - rather a happy and lucky man probably!

see the other thread that I pointed to earlier, there is some new answer - basically, you might be able to work on your IEC visa but might not. it'a bit of a gamble.

About your other question - I'm not sure why you would wait to apply for visitor visa after you're married - you can do it in March when your IEC visa expires...

basically if you apply outland, your timeline would be like this:

You work until the 15th of March. 30 days before ( that's what is advised), you ask for a change of status (online form + 75$ fee, and you can add the receipt for the PR application fee), explaining that you wish you remain in Canada to wait out your PR, here is the proof that I am serious about applying blablabla....Then you stop working on the 15th of March, and you wait.... until you have your PR.

until you receive the answer for the change of visa (from IEC to visitor), you are on implied status, so you are legally in Canada.

most likely you will get at least a 6 months extension for a visitor visa. and if it's less, or it's not enough ( I doubt it, but you never know, depends on when you send your application) you can apply for another extension - as long as you do it before the previous one expires, it's ok. Some members have been doing that for 18 months without trouble....

then your PR arrives, you can put your address in Canada, and since you are from a visa-exempt, you won't have to send your passport, you will receive the COPR ( confirmation of PR) directly by post. you need to "exit and re-enter" to complete landing procedures : it's called flagpoling, you go to the nearest US border, exit and re-enter, and then you're a PR...

IF you're required to attend an interview, it will be in London office. BUT it's quite rare and unlikely for european passports, and if you are living together with your partner, and getting married soon, and have the "normal proofs" of relationship, it's unlikely that you will be called ( if you look at the spreadsheet in my signature you'll see that the only people in the London Vo who had to go for an interview where people from non-visa-exempt countries).

Hope it clarifies a little!
Sweden

 

[AnaMaria]

I have a quick question partly off topic but its another option I'm considering. Could I just apply to change my status to visitor and wait until after I am married and then apply for spousal sponsorship? Would the CIC grant me a visitor visa for 6-7 months simply because I ask for it or will they need to know why? Should I tell them it's because I'm getting married or would that make them suspicious? Or should I tell them I wish to travel or something? This is my other option I believe.

Thanks again guys!

If you are qualified as common-law, you can apply now and when it is time to change your status, do it. If you do it now, say outland, you may get the first stage approval by the time of you need change status. If you are only waiting for police check, you might be able to apply PR without them. You will have to explain why in your cover letter. I was waiting PCs from 3 different countries all of which have different expected processing time. I explained it that I may not be able to send them all together in time (within 3 months from the date of issue) together with the proof (sort of) that the requests have been made. I sent them to VO as I received. This may be depending on VO. You might want to check your VO specific thread.

 

[Sweden]

I have done something similar with London Vo indeed - but I think you need to include at least one Police Check before you send your application. I would say the UK one, as it doesn't take so much time to get. If the australian one takes time, apply for it, and join the proofs to your application, and as AnaMaria says - explains in the letter why you didn't include it. Send the PR application (outland), and once first stage is done, you will get a file number and your file will be in London. As soon as you get the australian police check, then send it together with your file number to London - I did that, and it was no problem.
Good luck,
Sweden

 

[Gary_87]

Again Sweden, thank you. I'm just afraid I wont have all the paperwork in order for an outland application in time. It takes approx 4 weeks for me to get my Australian Police cert and 2 weeks for my british one, plus we have to compile all the evidence (which we havent done yet) ... do i really have enough time? Also, not being able to work, combined with the cost of the visa is also an obstacle. I'd need to have all of these things before I sent my application off and time is kind of short right now. Which is why the inland route may be easier (longer yes, but easier) as it gives me time while they are assessing my partner's eligibility to get all the other documents (medical and police certs etc).

Which is why I think my only reasonable option is to change my status to visitor before March 14th and stay until the wedding. Can you apply to change your status to visitor without having an application in process? Or will they simply reject it because there is no reason for me to stay in the country? I've read that you can only change your status to visitor if you have an application in process somewhere? That was my question. Sorry about the confusion.

I was thinking something like this:
Apply for a visitor visa.
Stay here on the visitor visa until the wedding.
After the wedding, apply for a spousal sponsorship.

OR

Apply for an outland commonlaw sponsorship ASAP
change status to visitor before March 14th.
Send in police certificates as I recieve them.
Remain in Canada until then as a visitor.
Get married.
Get PR.

OR

Apply for an inland common-law and apply for an OWP (Implied status given where I can remain as a visitor NOT a worker)
After 6 months, get married and recieve my OWP
Send in additional documents they request such as a medical and police certs that I will have by then when they start checking me.
Legally work and wait.

Which option is strictly speaking my best? And are they all options?? Can all of them technically be done?

Thanks! (You guys are really helping. Even just talking it out and getting answers is makingme feel better so thank you)

Gary

(and also AnaMaria and Swden (AGAIN! ) thank you!)

 

[Gary_87]

Also, what do you guys make of this:

www.rogersonlaw.com/articles/Remaining-in-Canada-After-Your-Canadian-Visa-Expires.php

It states under the implied status part that you are allowed to work on implied status if you apply from a work permit for another work permit...