DatenThielt

Afternoon all,

Back when Covid-19 started I had applied for an extension which was required due to no flights back to the UK (In march/April), This extension was granted until the 15th of October. During that time some of my home circumstances changed, My partner and myself decided we should try apply for a work visa for myself, She has been in full time education since January and due to the time spent in Canada we met the requirements of a Common law partnership. We submitted the documentation for the in Canada work visa application. At the time the processing time was about 60 days.

It now looks like its going to take much longer for this as processing times have shot up to 192 days, This will take me past my 15th of October visitor visa extension. Do I have to leave the country on the 15th or does my application allow me to stay despite having a previous extension on the visitor visa?

Thanks for all the help here! (Now and in the past)

christmasoompa

Can you clarify what kind of work permit you've applied for?

Also, have you now lived together for a year or more uninterrupted? It's just that in your previous thread you mention your gf going ahead of you and you arriving in Canada in February, so that wouldn't be a year yet.

DatenThielt

It was an open work permit which we chose based on the information given here

https://www.canada.ca/en/immigration...rk-canada.html

Thank you

christmasoompa

OK, so an open work permit based on your partner's study permit? That wouldn't apply if you didn't move to Canada until February though, as per your previous post, as you wouldn't be her common-law spouse until February 2021.

If you leave to return to the UK you'd break the cohabitation again, so ideally you want to stay in Canada if possible, but you could extend your visitor status again if you can afford to not work and can extend health insurance etc. Or is marriage an option at all?

DatenThielt

Sorry let me clarify (I missed that in your original request sorry!),

We arrived in Canada on December 28th, Prior to that we had lived together with a join lease for just under a year, including Canada it pushes us over the common law requirement was our understanding.

I have no problem extending the visitor visa again if needed but if I'm covered by the work visa application then its easier not too

Siouxie

Under a year prior to moving to Canada is the problem. You had to have lived together continuously and without any break for a minimum of 12 months - as your partner left to come ot Canada in December --- and you didn't come over until February --- you didn't meet the requirements and therefore the clock was reset. You won't become 'common law' until you have resided together for 12 consecutive months, without a break.. which will take you to February 2021.

https://www.canada.ca/en/immigration...ng-common.html

I suggest you apply to extend your visitor status asap and withdraw the work permit application.