How to stay legally in Canada for sponsored common law partner

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MissConfused

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How to stay legally in Canada for sponsored common law partner
« on: November 02, 2017, 01:13:37 PM »
Hi Riley,
Please help! My common law partner and I submitted our application for my Permanent Residency 9 months ago in February 2017. It is currently being processed. He is a born Canadian citizen and I am Australian. My current open work permit is due to expire January 2018. I wish to stay in Canada and ideally, work. It seems I am not eligible for a bridging open work permit as I applied for PR through my partner. It also seems I am not eligible to extend my open work permit as it is an "international experience Canada" permit. I then thought I could apply for another open work permit but then I read if you have worked 4 years in Canada you can not apply for another open work permit, which I have. I have also been in Canada, previous to my current open work permit, for one year as a "tourist" (this was due to me almost leaving Canada then trying to stay, open work permit complications). I applied for PR from within Canada so I believe if I leave the country when my work permit expires I will forfeit my PR application. I am really stuck on what I should do!  :( Please Help

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Riley Haas

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Re: How to stay legally in Canada for sponsored common law partner
« Reply #1 on: November 02, 2017, 01:21:35 PM »
Hi there,
So your current open work permit is an International Experience Class OWP? If so, you should be still eligible for the open work permit inland sponsored spouses can apply for during an inland sponsorship application. But I am not 100% sure.

The publicly stated processing time is 12 months so it is possible your PR application will be approved shortly after your current work permit expires.

Your sponsorship application will not be abandoned if you leave Canada. But you could have trouble getting back in unless you are traveling with your partner.

Does that answer your questions?

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MissConfused

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Re: How to stay legally in Canada for sponsored common law partner
« Reply #2 on: November 02, 2017, 01:44:38 PM »
Thank you for your quick reply! I just looked into getting an open work permit again and now I read they have gotten rid of the 4 year cumulative work rule. So maybe I can get an open work permit. I have more questions for you though, you say I should get my PR approved not long after my current permit expires. I thought this to be the case but I cant just stay illegally in that time... so what do you think I should do?
If I apply for an open work permit but I still have not heard anything when my current permit expires will I have implied status?

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Riley Haas

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Re: How to stay legally in Canada for sponsored common law partner
« Reply #3 on: November 02, 2017, 01:50:15 PM »
Normally people sponsored inland stay in Canada for the duration of their sponsorship application's processing time. It's understood that you will leave Canada if your sponsorship application is refused. My understand is that it's not quite the same thing as what is normally meant by "implied status," as that usually applies to temporary residence applications but, yes, you have a sort of status even when your work permit expires.

However, if you are really unsure I would recommend speaking to a Regulated Canadian Immigration Consultant (RCIC) or lawyer.

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MissConfused

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Re: How to stay legally in Canada for sponsored common law partner
« Reply #4 on: November 02, 2017, 02:27:53 PM »
Thank you for your help

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Riley Haas

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Re: How to stay legally in Canada for sponsored common law partner
« Reply #5 on: November 02, 2017, 02:59:20 PM »
Good luck!

 

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