Open Work Permit

[InfiniteFreefall]

My common law partner is a Canadian citizen and I'm here visiting her currently on a visitors' visa. I'm from South Africa. We have decided we want to remain in Canada, and have already submitted an application for permanent residence (Family Class) in mid November.

However my visitors' visa will expire in February and the application process for PR is so long, we're worried there will be issues with my residency, should my visitors visa expire before our application is processed.

As such we have applied for an extension of my visitors visa while we await the PR decision, which we've discovered can take up to 8 months or more.

My question is this: As we've already sent in the PR application and applied to extend my visitors visa, would I have implied Status to remain in Canada even after the expiry of my initial visitors visa, or would I have to leave Canada, if the applications are still in process.

We recently discovered that there is an option to apply for an open work permit. Could we submit an application for an open work permit even though we've already sent in our application for Permanent residence? (There was no mention of the open work permit anywhere on the website advising us about or permanent residence application. We only subsequently found out about that after calling the immigration help line).

All the information available online regarding open work permits, seems to envision a scenario where both parties are foreign nationals and one party is an accompanying spouse. If my partner is a Canadian citizen, could I get an open work permit to allow me to work legally in Canada while we await the decision on my PR application?

Any help with these issues would be greatly appreciated.

Thanks.

 

[scylla]

Did you apply using outland (outside of Canada) process or inland (inside of Canada)? Did you send your application to Mississauga or Vegreville? The answer to this question will determine if you qualify for an open work permit once your application has first stage approval.

And no, the fact that your partner is a Canadian citizen, does not qualify you for an open work permit. As you've read, this only applies where both parties are foreign nationals.

 

[Sweden]

Hey,

Welcome to the forum.

Did you apply inland or outland? You can apply outland even if you are in Canada, that's why I'm asking.

So - if you applied inland: you are under "implied status" once your visitor visa expires, so you don't need to do anything.
If you applied outland - you need to remain "in status", either by renewing your visa, asking for an extension ( you can do that online through CIC website, and just explain that you are waiting for your PR, and provide proofs that you have applied. You need to ask for the extension BEFORE your current visa expires, I think it's 30 days before), or leaving the country and entering again.

Work permit : the option is only available if you applied inland. If you applied outland, there is no open work permit after stage 1 etc. I am not sure how to ask for an OWP if you have already sent your application so hopefully somebody with more experience can tell you. But yes - with a Canadian partner, and an inland application, you can ask for an OWP that could be given after the first stage is completed (currently 6 months), so you could be under visitor status (implied) until the end of stage 1, and then with an OWP.

Good luck,
Sweden

 

[InfiniteFreefall]

Thank you for the quick response.

To add more info:

Yes, I applied inland. I had no idea that you could apply outland even if you are in Canada. That seems totally illogical to me, but hey, such is the wonderful world of visa applications.
We submitted an application to extend the visitors visa in the interim while we wait for first confirmation of PR application and included an application for Open Work Permit, requesting that the applications be considered as one. Hope that works out.


Thanks again for your help! ;D