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Work Permits for Spousal Sponsorship Applicants

joelnberg

Full Member
Jul 15, 2015
20
0
Hi,

I am wondering what the average time is to receive an open work permit when submitting with a Sponsorship application. I hear they say 4 months but I thought I saw somewhere as soon as 2 weeks?

Also, although our relationship was long distance for a little while, we have been living together since May of last year. So the plan was to apply in May because we can prove 1 year together then. But since it will take 4 months in average to open the case, can we submit the application now? Or at least a little early? We can prove we have been together since September 2015 long distance wise, (plane tickets visiting once in Christmas) but I dont think that counts for common law?

Thank you!

Joel
 

Aquakitty

VIP Member
Mar 21, 2011
3,015
162
BC
Category........
FAM
Visa Office......
Ottawa
App. Filed.......
04-03-2015
AOR Received.
14-04-2015 - SA Received: 20-04-2015
Med's Done....
28-01-2015 Upfront
Interview........
Waived
Passport Req..
N/A
VISA ISSUED...
25-06-2015
LANDED..........
11-07-2015
I see from your posts your spouse is from Brazil. They (Sao Paulo) have one of the shortest processing times of all the VO's. I highly suggest applying outland and forgetting about the work visa.

Unfortunately you cannot submit the application early, whether you go inland or outland. You must be common-law first.
 

Ponga

VIP Member
Oct 22, 2013
10,133
1,317
Job Offer........
Pre-Assessed..
You need to wait until you have solid proof of living together for 365 consecutive days or more, as that is what is required for Common-Law (for Canada immigration purposes).

It sounds like you'll be ready to apply in May.
 

joelnberg

Full Member
Jul 15, 2015
20
0
Ok, thank you. I think we'll just have to wait for May and hopefully the wait time is not that long.
 

joelnberg

Full Member
Jul 15, 2015
20
0
So we got her Visa Extension the other day after 4 MONTHS! And now it expires on March 7th?! We only have 2 months to go for the full year till we apply for common law.
But now do we have to apply for another visa extension?? It says she needs to leave the country by March 7th. This is complete nonsense. After waiting 4 months to finally get it and only have 2 weeks left. One thing, I didnt include a letter in the last application explaining that we are going for common law in May so maybe thats why they didnt give us enough time. However if we apply now for another extension with a letter, it will obviously take longer than when the current one expires but at least it will be "by the book" I suppose. Any insight?
 

CaroM8

Hero Member
Feb 26, 2015
818
85
Ottawa
Category........
FAM
Visa Office......
Mexico City
App. Filed.......
26/09/2016
AOR Received.
20/10/2016 - SA:25/10/2016 - AOR2: 22/12/16
File Transfer...
25/10/2016
Med's Done....
Upfront
Passport Req..
11-10-2017
LANDED..........
14-11-2017
Ah that's tough.. Sorry I don't really have any insight on this.. Is there any way you can go with her for a few months?

I realize it's not feasible for everybody.. But my partner and I have been bouncing back and forth between Canada and Guatemala to keep our common law status legit..
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
joelnberg said:
So we got her Visa Extension the other day after 4 MONTHS! And now it expires on March 7th?! We only have 2 months to go for the full year till we apply for common law.
But now do we have to apply for another visa extension?? It says she needs to leave the country by March 7th. This is complete nonsense. After waiting 4 months to finally get it and only have 2 weeks left. One thing, I didnt include a letter in the last application explaining that we are going for common law in May so maybe thats why they didnt give us enough time. However if we apply now for another extension with a letter, it will obviously take longer than when the current one expires but at least it will be "by the book" I suppose. Any insight?
You should have stated your intention to become common-law in the last app.

Apply for another extension explaining you want to become common-law and apply for sponsorship.
 

starry101

Full Member
Feb 11, 2013
47
2
Brazil outland is really quick, you could have full PR in the time in takes to get an inland work permit.
 

joelnberg

Full Member
Jul 15, 2015
20
0
Thanks for all the help. I have another question about the sponsorship.

So we got the other visitor extension this time very quickly, about 1 month. Great.

The estimated time for Brazil outland is 8 months compared to inland 26months, is this what your referring to? At the moment we would still try the inland and open work permit, other applicants have averaged that to be about 3 months.

Im wondering about the Right of Permanent Residence Fee. If we wait to pay this would it matter on the open work permit wait time? I have a feeling it would seem less "serious" on our application and waiting for the open work permit. But I would rather wait to pay that fee, seeing as how we should have an open work permit in the meantime and so am less worried about how long the application takes, it seems a long time regardless.

My last question is referring to a few of my French friends who have come over with their common law partners. He has a job offer and its for a year at least, very shortly after he began working they then went to the border for his common law partner who doesnt have a work permit. And with their Common law paper, the border pretty much gave here an open work permit instantly. This happened to 3 friends of mine. I think this is do to his status as a foreign worker obtaining work here? I didn't find anything like this for me as a Canadian..

Many thanks for the help again!
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
joelnberg said:
The estimated time for Brazil outland is 8 months compared to inland 26months, is this what your referring to? At the moment we would still try the inland and open work permit, other applicants have averaged that to be about 3 months.

Im wondering about the Right of Permanent Residence Fee. If we wait to pay this would it matter on the open work permit wait time? I have a feeling it would seem less "serious" on our application and waiting for the open work permit. But I would rather wait to pay that fee, seeing as how we should have an open work permit in the meantime and so am less worried about how long the application takes, it seems a long time regardless.

My last question is referring to a few of my French friends who have come over with their common law partners. He has a job offer and its for a year at least, very shortly after he began working they then went to the border for his common law partner who doesnt have a work permit. And with their Common law paper, the border pretty much gave here an open work permit instantly. This happened to 3 friends of mine. I think this is do to his status as a foreign worker obtaining work here? I didn't find anything like this for me as a Canadian..
You seriously should not even be considering an inland app. Sao Paulo is one of the fastest offices in the world. The OWP takes 4 months; an otland app could be done in that time.

Apply outland and pay all fees upfront.

Spouses of skilled foreign workers can apply for work permits. There is no such option for spouses of Canadian citizens.
 

scylla

VIP Member
Jun 8, 2010
93,145
20,636
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
joelnberg said:
My last question is referring to a few of my French friends who have come over with their common law partners. He has a job offer and its for a year at least, very shortly after he began working they then went to the border for his common law partner who doesnt have a work permit. And with their Common law paper, the border pretty much gave here an open work permit instantly. This happened to 3 friends of mine. I think this is do to his status as a foreign worker obtaining work here? I didn't find anything like this for me as a Canadian..
Yes - it's because they are foreign workers. This rule doesn't apply to you.
 

joelnberg

Full Member
Jul 15, 2015
20
0
I see, very interesing. But she lives with me here in Canada. Does she then have to move home while she is waiting? Or can she stay here with here tourist Visa still.

She is visiting Brazil for 1 month in June, so she could apply outland at that time, although will be coming back at the end of the month. I will also be visiting her in Brazil for the last week and returning with her back to Canada. With her open tourist visa extension this is why we applied and don't forsee a problem returning to Canada.

Thanks
 

MilesAway

Champion Member
Jul 26, 2012
1,760
69
Category........
Visa Office......
Warsaw
Job Offer........
Pre-Assessed..
App. Filed.......
15-09-2014
Doc's Request.
09-04-2015
AOR Received.
12-11-2014
File Transfer...
30-10-2014
Med's Done....
26-08-2014
Passport Req..
23-04-2015
VISA ISSUED...
07-05-2015
LANDED..........
04-06-2015
You can apply outland while in Canada.
 

joelnberg

Full Member
Jul 15, 2015
20
0
Can or should we still apply for the open work permit at the same time? Even if its a couple months sooner, would still make a big difference financially to be able to work that much sooner.

Cheers

Oh, I see now, work permits for inland only can apply for the open work permit. At the cost of the long processing times. It's a tough call, Ill try to find a few applicants for reference on the processing times for Brazil outland, and inland OWP.