Working while waiting on spousal sponsorship PR

[RyanD91]

Hello all, I am an American citizen who currently resides in Ontario on a Post-Graduation-Work-Permit that allows me to work for virtually any employer of my choosing until December 2020.

My goal is to gain Permanent Residence after my work permit runs its course.

I graduated with a 4 yr BFA from a Canadian university. I am improving my resume and bolstering my career, but unfortunately, I don't think I will meet the requirements for Express Entry by the time my open work permit expires. Most of my income comes from Skill class D related labor for the time being, even though I am from time to time earning revenue through my freelance work and making notable achievements it isn't enough to meet the express entry requirements. I plan on continuing to increase my prospects as a freelance artist and potentially go into teaching or conservation at some point, but it won't be in a timely manner for the purposes of the permanent residence application to Canada.

My dilemma is that I have met a woman here in Canada that I have fallen in love with. She is a Filipino citizen who has gained permanent residency in Canada through her family. We have been together for a year and a half at the point that I am writing this and by the time my open work permit expires, we will have been together for 3 years. We are planning to apply for spousal sponsorship through common law or marriage.

I am curious to know a few things-

Is there a specific income that she will need to be making to sponsor me? She also works a Skill Class D job, works full time. I would be settling in Canada with roughly $25,000 CAD, and her something similar to that as well in her savings.

I am most interested in knowing if there is a way for me to extend my open work permit so that I will continue to be able to work and contribute to our livelihood while we await the approval of my permanent residency status? My post-graduation work permit is a 3-year permit that started in December 2017 and will expire December 2020. We will most likely apply for permanent residency between June-December 2020. Given the fact that the spousal sponsorship takes a year on average to be processed, there will inevitably be some time where I will have no status in Canada unless I am able to extend or gain a new open work permit. I have heard about a pilot program meant for people waiting for their inland permanent residency applications to go through, can anyone here elaborate on this?

Thanks

-Ryan

 

[canuck78]

Hello all, I am an American citizen who currently resides in Ontario on a Post-Graduation-Work-Permit that allows me to work for virtually any employer of my choosing until December 2020.

My goal is to gain Permanent Residence after my work permit runs its course.

I graduated with a 4 yr BFA from a Canadian university. I am improving my resume and bolstering my career, but unfortunately, I don't think I will meet the requirements for Express Entry by the time my open work permit expires. Most of my income comes from Skill class D related labor for the time being, even though I am from time to time earning revenue through my freelance work and making notable achievements it isn't enough to meet the express entry requirements. I plan on continuing to increase my prospects as a freelance artist and potentially go into teaching or conservation at some point, but it won't be in a timely manner for the purposes of the permanent residence application to Canada.

My dilemma is that I have met a woman here in Canada that I have fallen in love with. She is a Filipino citizen who has gained permanent residency in Canada through her family. We have been together for a year and a half at the point that I am writing this and by the time my open work permit expires, we will have been together for 3 years. We are planning to apply for spousal sponsorship through common law or marriage.

I am curious to know a few things-

Is there a specific income that she will need to be making to sponsor me? She also works a Skill Class D job, works full time. I would be settling in Canada with roughly $25,000 CAD, and her something similar to that as well in her savings.

I am most interested in knowing if there is a way for me to extend my open work permit so that I will continue to be able to work and contribute to our livelihood while we await the approval of my permanent residency status? My post-graduation work permit is a 3-year permit that started in December 2017 and will expire December 2020. We will most likely apply for permanent residency between June-December 2020. Given the fact that the spousal sponsorship takes a year on average to be processed, there will inevitably be some time where I will have no status in Canada unless I am able to extend or gain a new open work permit. I have heard about a pilot program meant for people waiting for their inland permanent residency applications to go through, can anyone here elaborate on this?

Thanks

-Ryan

If you file inland you can include an OWP which takes 4 months to receive. If you file early enough you should be able to continue working. There is no income requirement for spousal sponsorship but you do have to prove you can support yourselves without government help. With both your savings you should be fine.

 

[canuck_in_uk]

Hello all, I am an American citizen who currently resides in Ontario on a Post-Graduation-Work-Permit that allows me to work for virtually any employer of my choosing until December 2020.

My goal is to gain Permanent Residence after my work permit runs its course.

I graduated with a 4 yr BFA from a Canadian university. I am improving my resume and bolstering my career, but unfortunately, I don't think I will meet the requirements for Express Entry by the time my open work permit expires. Most of my income comes from Skill class D related labor for the time being, even though I am from time to time earning revenue through my freelance work and making notable achievements it isn't enough to meet the express entry requirements. I plan on continuing to increase my prospects as a freelance artist and potentially go into teaching or conservation at some point, but it won't be in a timely manner for the purposes of the permanent residence application to Canada.

My dilemma is that I have met a woman here in Canada that I have fallen in love with. She is a Filipino citizen who has gained permanent residency in Canada through her family. We have been together for a year and a half at the point that I am writing this and by the time my open work permit expires, we will have been together for 3 years. We are planning to apply for spousal sponsorship through common law or marriage.

I am curious to know a few things-

Is there a specific income that she will need to be making to sponsor me? She also works a Skill Class D job, works full time. I would be settling in Canada with roughly $25,000 CAD, and her something similar to that as well in her savings.

I am most interested in knowing if there is a way for me to extend my open work permit so that I will continue to be able to work and contribute to our livelihood while we await the approval of my permanent residency status? My post-graduation work permit is a 3-year permit that started in December 2017 and will expire December 2020. We will most likely apply for permanent residency between June-December 2020. Given the fact that the spousal sponsorship takes a year on average to be processed, there will inevitably be some time where I will have no status in Canada unless I am able to extend or gain a new open work permit. I have heard about a pilot program meant for people waiting for their inland permanent residency applications to go through, can anyone here elaborate on this?

Thanks

-Ryan

It makes no sense to delay until Jun-Dec 2020. Just apply earlier. American outland apps average around 6 months.

 

[RyanD91]

It makes no sense to delay until Jun-Dec 2020. Just apply earlier. American outland apps average around 6 months.

I am currently living in Canada and working under a post graduation work permit.

We plan on moving in together in June of this year, we need at least 12 months living together to qualify for common law.

 

[canuck_in_uk]

I am currently living in Canada and working under a post graduation work permit.

We plan on moving in together in June of this year, we need at least 12 months living together to qualify for common law.

You said common-law or marriage in your first post. Marriage would be faster.

 

[RyanD91]

You said common-law or marriage in your first post. Marriage would be faster.

is process time for spousal sponsorship roughly the same for both marriage and common law? or are they both roughly 1 year to process?

 

[canuck78]

is process time for spousal sponsorship roughly the same for both marriage and common law? or are they both roughly 1 year to process?

Yes. Same process. If you do common law make sure to keep detailed records proving that you are living together. Bills, joint leases, etc. Marriage is easier to prove.

 

[ruanp28]

Hello all, I am an American citizen who currently resides in Ontario on a Post-Graduation-Work-Permit that allows me to work for virtually any employer of my choosing until December 2020.

My goal is to gain Permanent Residence after my work permit runs its course.

I graduated with a 4 yr BFA from a Canadian university. I am improving my resume and bolstering my career, but unfortunately, I don't think I will meet the requirements for Express Entry by the time my open work permit expires. Most of my income comes from Skill class D related labor for the time being, even though I am from time to time earning revenue through my freelance work and making notable achievements it isn't enough to meet the express entry requirements. I plan on continuing to increase my prospects as a freelance artist and potentially go into teaching or conservation at some point, but it won't be in a timely manner for the purposes of the permanent residence application to Canada.

My dilemma is that I have met a woman here in Canada that I have fallen in love with. She is a Filipino citizen who has gained permanent residency in Canada through her family. We have been together for a year and a half at the point that I am writing this and by the time my open work permit expires, we will have been together for 3 years. We are planning to apply for spousal sponsorship through common law or marriage.

I am curious to know a few things-

Is there a specific income that she will need to be making to sponsor me? She also works a Skill Class D job, works full time. I would be settling in Canada with roughly $25,000 CAD, and her something similar to that as well in her savings.

I am most interested in knowing if there is a way for me to extend my open work permit so that I will continue to be able to work and contribute to our livelihood while we await the approval of my permanent residency status? My post-graduation work permit is a 3-year permit that started in December 2017 and will expire December 2020. We will most likely apply for permanent residency between June-December 2020. Given the fact that the spousal sponsorship takes a year on average to be processed, there will inevitably be some time where I will have no status in Canada unless I am able to extend or gain a new open work permit. I have heard about a pilot program meant for people waiting for their inland permanent residency applications to go through, can anyone here elaborate on this?

Thanks

-Ryan

Hi Ryan,

If you'd like to apply for common-law, you would have to have lived together for 12 months continuously before applying (i.e if you apply for sponsorship in July 2020, you would have had to live together since July 2019, and be able to show proof via lease agreements, billing addresses etc.) If you have not lived together for 12 months before applying, you will need to be married. Marriage would be easier, as you will be able to apply sooner in stead of waiting for another 16 months. This will also keep you in the safety net for the open work permit, in case for some odd reason it is not extended in 2020.

There is no income requirement, but you can show your funds to prove that you will be able to sustain yourself. We did that, could rather help you than hurt you. If you apply inland, you will also apply for an open work permit. As soon as you get your OWP (roughly 4 months after your application), you are automatically on "implied status" meaning your normal work visa can expire but you will be able to continue working with your OWP. It is (in my opinion) then recommended that you apply for sponsorship at least 5-6 months ahead of your current work permit expiring, so your plan to apply in June 2020 is recommended. You will then most likely not lose status.

All this being said, the OWP pilot program needs to be extended in January 2020 for you to be able to apply for sponsorship and OWP. Based on the past, it will most likely be extended but there is no guarantee of that. As such, it would be better for you guys to get married this year and do a spousal inland application while you are certain that the OWP program is still available to you.

Also note - since your sponsor is a PR and not citizen, she has to remain in Canada for the duration of the sponsorship as they will ask her to prove that she settled in Canada while sponsorship took place.

 

[canuck_in_uk]

is process time for spousal sponsorship roughly the same for both marriage and common law? or are they both roughly 1 year to process?

Same processing time for marriage and common-law.

Outland is faster than inland.

 

[canuck_in_uk]

As such, it would be better for you guys to get married this year and do a spousal inland application while you are certain that the OWP program is still available to you.

OP is American and has a work permit valid until December 2020. Outland is the better option.

 

[RyanD91]

OP is American and has a work permit valid until December 2020. Outland is the better option.

I want to remain in Canada with my girlfriend and continue working while I am applying, wouldn't outland require that I go back to America for a certain amount of time?

 

[scylla]

I want to remain in Canada with my girlfriend and continue working while I am applying, wouldn't outland require that I go back to America for a certain amount of time?

You can apply outland while living/working in Canada

 

[canuck_in_uk]

I want to remain in Canada with my girlfriend and continue working while I am applying, wouldn't outland require that I go back to America for a certain amount of time?

No. You can live in Canada while an outland app processes.

 

[ruanp28]

Thanks

OP is American and has a work permit valid until December 2020. Outland is the better option.

You are correct yes. I just meant if he wants to apply during the time he wants to apply (June 2020- December 2020), inland would allow him to stay and work on an OWP in Canada after his work permit expires.Unless he is lucky and his application is completed before December 2020 of course.