Work Permit will expire just after we become Common Law

[cd52]

Hi all,

I am currently in Canada on an Open Work Permit (Working Holiday Program), which is due to expire April 19, 2018.

I have a Canadian girlfriend, but we are yet to live together. Let's say we move in together tomorrow; that means we will become common law on April 12, 2018. Obviously very little time to apply for spousal sponsorship and a bridging visa before my current work permit expires.

What options do I have here? Will I have to leave the country on April 19 next year and then apply for spousal sponsorship once I am out of the country?

I am currently working full time and would ideally like to keep the job throughout the entire process.

Thanks!

 

[PMM]

Hi

Hi all,

I am currently in Canada on an Open Work Permit (Working Holiday Program), which is due to expire April 19, 2018.

I have a Canadian girlfriend, but we are yet to live together. Let's say we move in together tomorrow; that means we will become common law on April 12, 2018. Obviously very little time to apply for spousal sponsorship and a bridging visa before my current work permit expires.

What options do I have here? Will I have to leave the country on April 19 next year and then apply for spousal sponsorship once I am out of the country?

I am currently working full time and would ideally like to keep the job throughout the entire process.

Thanks!

1. Unless you get your employer to obtain an LMIA, you will have stop working when your IEC expires, there is no implied status for IEC. If you don't wish to leave Canada, you can apply for an extension as a visitor.
2. Once you submit your "in Canada spousal" application/sponsorship with an application for a work permit, if approved, it will be about 4 months before you will receive a work permit, so it looks like you will be out of work for a minimum of 4 months.

 

[cd52]

Hi

1. Unless you get your employer to obtain an LMIA, you will have stop working when your IEC expires, there is no implied status for IEC. If you don't wish to leave Canada, you can apply for an extension as a visitor.
2. Once you submit your "in Canada spousal" application/sponsorship with an application for a work permit, if approved, it will be about 4 months before you will receive a work permit, so it looks like you will be out of work for a minimum of 4 months.

Yeah that's what I was thinking, thanks for your answer.

I have a couple of follow up questions:

1) If we did become common law before my work permit expires, then I went back to Australia for a bit, would we still be able to apply under the spousal sponsorship?

2) Is there any leeway with the 12 months for common law? Let's say we are living together for 11 months then my permit expires and I go back to Aus - Is there any chance we'd be eligible for common law?

Thanks again!

 

[Rob_TO]

1) If we did become common law before my work permit expires, then I went back to Australia for a bit, would we still be able to apply under the spousal sponsorship?

Yes definitely. It would just be an "outside Canada" app and processed through Sydney visa office. However note there is no work permit associated with an outland app, so if you wanted to later wait in Canada it would just be as visitor until your PR app was approved.

2) Is there any leeway with the 12 months for common law? Let's say we are living together for 11 months then my permit expires and I go back to Aus - Is there any chance we'd be eligible for common law?

No, there is absolutely no leeway. It must be minimum 12 months/365 days cohabitation, and not even 1 day less. This is the legal definition of common-law, so anything less would most likely result in a rejected application.

However if you go back to Australia and your partner accompanies you, that would be a continuation of the cohabitation. So you could reach the 12 months while in Australia, and then your partner can return to Canada. Once you establish the 12 months, you can then live apart.

 

[cd52]

If I apply for PR under skilled worker or Canadian Experience Class in a few months, am I then able to apply for a bridging visa before my permit expires? Or is this still exempt for IEC?