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Should I come as a visitor or apply for an OWP outland?

aprillee

Star Member
Dec 8, 2015
81
0
Hello everyone! I just came back to my home country after almost 6 months stay in Canada on a tourist visa as I was staying with my love who has a Working Holiday program work permit. He is planning on studying and will apply for a study permit soon. I am a little confused and not sure what to do. Should I apply for a common-law partner's open work permit together with his application for a study permit or it would be better for me to come as a tourist and then apply for an OWP inland? I am worried that I may have issues at the border as I stayed as a visitor in Canada for almost 6 months and would be attempting to enter again only after 2 months in my home country. On the other hand in case my application for an OWP is refused I will look even more suspicious if I try enter the country as a tourist. Maybe any of you has been in a similar situation and could give me some advice?
 

scylla

VIP Member
Jun 8, 2010
92,946
20,549
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Can you prove that you are common law and have lived together continuously for at least one full year?
 

aprillee

Star Member
Dec 8, 2015
81
0
scylla said:
Can you prove that you are common law and have lived together continuously for at least one full year?
We do have a joint bank account, a common-law declaration form signed last year and proof that we lived together during my stay in Canada, but there was four months gap between the time when my love left for Canada and I joined him, that's why I am not sure how the immigration will react. I do have proof that we lived more than a year together before his departure to Canada though.
 

Botinok

Star Member
Aug 2, 2015
74
1
Hello
I have some similar issue. My wife is going to Canada on a study permit.
I got a visitor visa as I applied later after her. But I want to stay in Canada for more than couple of weeks and would like to work, so thinking about OWP
There are 2 questions I have:
1. If I stay in Canada on a visitor visa for 3-4 months, come back home for couple of weeks and go back to Canada, will I have problems during the border control?
2. Where's better to apply for a OWP - in Canada or in my home country?
 

aprillee

Star Member
Dec 8, 2015
81
0
Botinok said:
Hello
I have some similar issue. My wife is going to Canada on a study permit.
I got a visitor visa as I applied later after her. But I want to stay in Canada for more than couple of weeks and would like to work, so thinking about OWP
There are 2 questions I have:
1. If I stay in Canada on a visitor visa for 3-4 months, come back home for couple of weeks and go back to Canada, will I have problems during the border control?
2. Where's better to apply for a OWP - in Canada or in my home country?
my questions are pretty much the same. It would be great if somebody who has been in the same situation replied and shared their experience.
 

scylla

VIP Member
Jun 8, 2010
92,946
20,549
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Is the signed declaration from someone like your landlord confirming the two of you lived together for at least a full year? Or is it a declaration that the two of you signed as a common law couple? If it's the latter, that's probably not enough to prove common law. What else do you have apart from the joint bank account?
 

Botinok

Star Member
Aug 2, 2015
74
1
scylla said:
Is the signed declaration from someone like your landlord confirming the two of you lived together for at least a full year? Or is it a declaration that the two of you signed as a common law couple? If it's the latter, that's probably not enough to prove common law. What else do you have apart from the joint bank account?
In my case - I am married for more than 2 years already, my wife has just went to study in Canada.
My main question - should I apply for OWP from my country or from Canada?
I checked processing time and it is just 4 weeks here and 14 weeks in Canada. But many people advise me to apply from Canada.

What do you think?
 

aprillee

Star Member
Dec 8, 2015
81
0
scylla said:
Is the signed declaration from someone like your landlord confirming the two of you lived together for at least a full year? Or is it a declaration that the two of you signed as a common law couple? If it's the latter, that's probably not enough to prove common law. What else do you have apart from the joint bank account?
we have lived together for more than a year at my parents' house, I have my mother's letter, but I am worried that this might be not enough as it is not something official... when I came to Canada we lived together for almost six months and I have a signed landlord's letter. We also have proof of jointly purchased household items, jointly purchased travel tickets, mail received to the same address, he is included in my life insurance, proof that we have made several money transfers to each other. I have submitted my SOWP application in the middle of November and still waiting for response. Would it be advisable for me to fly to Canada soon and wait for the response already in Canada? I am also in the pool for IEC program and waiting for the invitation to apply. Thank you for your comments, Scylla, in advance. They are much appreciated and valued.