Visitor record needed when applying for common-law?

[aarah]

Hi there,

I was hoping someone could give me some advice regarding legal status between expired work permit and common-law application.

We will be applying for common-law in late August after my boyfriend and I have established the so-called common-law relationship.
My current visa runs out on August 27, the time when we finally can prove that we have been living together for a year.
My question is: Do I have to apply for a visitor record before my current visa expires even though we are going to apply for common-law right after that date?

I am uncertain if I really need to apply for a visitor record or if it would be redundant.

Thanks in advance.

 

[k.h.p.]

You should apply for one if you intend to apply for an OWP.

You need to be in status during all of your PR application's processing (or in implied status) until you have a decision on the OWP in order to be eligible for it. If your OWP (or PR) application is returned due to missing paperwork, signatures, or other errors, you'll lose any implied status and would not be eligible for the OWP.

The PR application on its own does not give you implied status. If you applied without the OWP, which is allowed, you'd be out of status. You wouldn't necessarily be required to leave Canada, but you would just have no legal status in the country.

Applying for a visitor record gives you implied status while the application processes, and potentially extends your legal stay in case your OWP application is returned.

 

[thevisawhisperer]

My question is: Do I have to apply for a visitor record before my current visa expires even though we are going to apply for common-law right after that date?

I am uncertain if I really need to apply for a visitor record or if it would be redundant.

In order to apply for an open work permit along with your application for a so-called common-law relationship (no, wait, that's what they are actually called) you have to be in status. If you can get your complete sponsorship+application package in the mail (including work permit application) before August 27 then you won't need to apply for visitor as you will be in status as a worker. If you won't be able to do that, then you will need to make an application to convert to visitor status in order to be in status when you make your PR application. Otherwise, you aren't eligible for a work permit or won't get one - if you apply out of status - for about a year.

 

[k.h.p.]

My question is: Do I have to apply for a visitor record before my current visa expires even though we are going to apply for common-law right after that date?

I am uncertain if I really need to apply for a visitor record or if it would be redundant.

In order to apply for an open work permit along with your application for a so-called common-law relationship (no, wait, that's what they are actually called) you have to be in status. If you can get your complete sponsorship+application package in the mail (including work permit application) before August 27 then you won't need to apply for visitor as you will be in status as a worker. If you won't be able to do that, then you will need to make an application to convert to visitor status in order to be in status when you make your PR application. Otherwise, you aren't eligible for a work permit or won't get one - if you apply out of status - for about a year.

Yes, because if you apply for a visitor record AFTER you apply for PR, you would be out of status.

If you apply for an OWP BEFORE you fall out of status (ie, it is signed and in the mail before the 27th) then you are technically in implied status until a decision is reached. However, if your application is returned, you lose status and must apply to restore.

If you are a visitor, and then apply for an OWP you are in no circumstances in status as worker. You do not get the status of the permit you've applied for during implied status; your previous status is "extended" until your application is returned.

If you do not apply for a visitor record, submit the application on the exact same day your common-law status is effective and then the application is returned because of any reason, you lose status and must apply to restore - which you can only generally do 90 days after your status expires. The OWP may be returned more than 90 days later. (the 90 days is currently extended to December because of COVID but this may be revoked/changed at any time)

 

[Usa2canada<3]

You should apply for one if you intend to apply for an OWP.

You need to be in status during all of your PR application's processing (or in implied status) until you have a decision on the OWP in order to be eligible for it. If your OWP (or PR) application is returned due to missing paperwork, signatures, or other errors, you'll lose any implied status and would not be eligible for the OWP.

The PR application on its own does not give you implied status. If you applied without the OWP, which is allowed, you'd be out of status. You wouldn't necessarily be required to leave Canada, but you would just have no legal status in the country.

Applying for a visitor record gives you implied status while the application processes, and potentially extends your legal stay in case your OWP application is returned.

For clarification if you apply for an owp with pr app you do not need to extend stay? however it is just safer to do so? About to apply and status expires august 20th

 

[k.h.p.]

For clarification if you apply for an owp with pr app you do not need to extend stay? however it is just safer to do so? About to apply and status expires august 20th

You are not required to, but if your OWP is returned you lose status, so if you are so close to expiry, it is safer to apply for an extension. If you had ~4-5 months before expiry, you'd be closer to being okay to not apply.

 

[thevisawhisperer]

If you are in status as a visitor or worker, that status will continue (implied status) until a decision is made on your work permit application. If you're currently a visitor you won't be able to work until your work permit arrives. If you are currently a worker then you will be able to continue working under the same conditions that govern your current permit, until you receive a decision.

 

[Usa2canada<3]

You are not required to, but if your OWP is returned you lose status, so if you are so close to expiry, it is safer to apply for an extension. If you had ~4-5 months before expiry, you'd be closer to being okay to not apply.

Thanks so much.

 

[k.h.p.]

If you are in status as a visitor or worker, that status will continue (implied status) until a decision is made on your work permit application. If you're currently a visitor you won't be able to work until your work permit arrives. If you are currently a worker then you will be able to continue working under the same conditions that govern your current permit, until you receive a decision.

Yes, but in response to someone who is a visitor asking about extensions, you said that an OWP application would leave them in status as a worker (my underline for emphasis):

In order to apply for an open work permit along with your application for a so-called common-law relationship (no, wait, that's what they are actually called) you have to be in status. If you can get your complete sponsorship+application package in the mail (including work permit application) before August 27 then you won't need to apply for visitor as you will be in status as a worker.

In my post above, I said exactly what you said: implied status extends someone's current status and does not grant them the status for which they've applied.

Just trying to keep everything clear.

 

[thevisawhisperer]

Yes, but in response to someone who is a visitor asking about extensions, you said that an OWP application would leave them in status as a worker (my underline for emphasis):

In my post above, I said exactly what you said: implied status extends someone's current status and does not grant them the status for which they've applied.

Just trying to keep everything clear.

The original premise appeared to be "expired work permit" (first message above).

 

[aarah]

Thank you all for clarifying!

 

[020tothe6]

The original premise appeared to be "expired work permit" (first message above).

I was wondering if you could answer what I should fill in on the Visitor record for 'purpose of visit'.. Do I fill in "visit" or "other" and explaining that I've applied for OWP+PR?

 

[Usa2canada<3]

I was wondering if you could answer what I should fill in on the Visitor record for 'purpose of visit'.. Do I fill in "visit" or "other" and explaining that I've applied for OWP+PR?

I would put other and mention the owp and pr application it is much safer to mention something then to not. Because that could the application seem as a misrepresentation. Ircc will know about the application already and there is no need to hide the true fact you are requesting extension.