Visitor to Open Work Permit

[shuler]

Hi, I will really appreciate any suggestions & opinions on this matter:

I am studying my M.Sc. in Vancouver since 2010 on a study permit, I met my girlfriend here while she was studying/working on a holiday visa. We lived together for 5 months until she had to leave on June 2011, and maintained a long distance relationship. On December 2012 she came back to Vancouver as a visitor, we started living together again and opened a joint bank account as a step towards a common-law partnership. She successfully extended her stay until September, and she applied for a second extension a few days ago. Our plan is to complete 12 months living together, then we get recognized as a common-law partnership and she can get an open work permit (look for "help your spouse or common-law partner work in Canada"). We are looking for options on what to do if she cannot stay another 6 months!

Some other pieces of information:

- Assuming they reject the application and considering the processing time for an online application is about 2 months. We could complete 9 months living together. I read that they allow 90 days of separation when you claim you are in common-law partnership.

- I will finish my program in December, then I can apply for a Post-Graduation Work Permit and/or the PNP program.

- I can also start a PhD, in which case I will have to renew my study permit in February 2014, or earlier. I was thinking this is a good time to apply for my girlfriend's open work permit.

Thanks,
S

 

[Leon]

If you are on a study permit, your common law partner would be eligible for an open permit but if you are on a post-grad permit, you need to prove that your job is skilled for her to be eligible. This is just something to consider if you don't have a skilled job lined up after you graduate.

 

[shuler]

Thanks a lot, Leon! Considering the job market in Vancouver, maybe it's safer to go for the PhD. If I renew my study permit in Feb and I want to apply for the OWP for my girlfriend, does she need to be in Canada?

 

[Leon]

You would not apply for her. She would apply for herself in the embassy in her home country but she would need a copy of your passport and work permit in order to apply. She could also come to Canada and apply for the permit from inside.