UK_Dolly

Hi

I am on a Canadian study permit and my boyfriend moved out to Canada in January on a one year IEC visa to live with me. We have been together already over a year, but only living together in Canada since January. We have a rental agreement and joint Canadian bank accounts, anticipating needing to prove common law status.
His IEC visa expires in January, but the new IEC visas aren't due to be released until sometime in January- so there is likely to be a period in which he will not be able to work until he receives a new IEC. As far as I understand it, we can't apply for him to get an open work permit until we have proof of him being in Canada in a common law relationship with me for one year (or can we, if we can prove we were in a relationship prior to him moving to Canada? Will they still consider this common law if I was in Canada and he was in the UK for the first few months?).
Another option we thought about was him applying for a work permit with his current employer (who we think already has LMIA). If he puts in an application for a work permit with this employer before the IEC expires, is he allowed to continuing working in Canada since he isn't requesting an extension of the IEC (which I know isn't an option), but a different work permit?

Any help would be much appreciated!!

Aviator

Break in cohabitation for more than a week or two would most likely reset the clock, especially several months.

If the employer has an LMIA, your BF can just go and get the WP. Was not aware HRSDC were pre-approving LMIAs. Once the IEC runs out, unless he has a work permit he cannot work. If he gets another IEC he can then begin working again, but not until he has it.

UK_Dolly

Thanks for replying so quickly. I'm looking into the LMIA/LMO and on the CIC page it reads:

"These people need a work permit but do not need an LMIA:
Spouses: This group can include spouses and common-law partners of certain foreign students who are studying full time"

Am I reading this correctly? (See if you need a Labour Market Impact Assessment)
-I am a full time student on a study permit

-If I am reading this correctly, does this mean we can apply for the open work permit on January 15th (when we become common law) without the need for a LMIA?
If this is the case, can we flagpole to the US on January 15th to apply for a work permit at a port of entry to Canada?

Siouxie

I believe you are right, however, as you were not common-law (spouses) at the time you obtained your Study Permit I am not 100% sure.

You can read more here: Help your spouse or common-law partner work in Canada and International Mobility Program: Public policy, competitiveness and economy

UK_Dolly

Thanks, I haven't read anything about adding spouses after the study permit has been issued. I have a colleague in my department that managed to get an open work permit for his fiance after they came into Canada, and after he already has his study permit. So hopefully it is possible. We'll keep it as an option in case the IEC visas do not come out until after Jan 15th. Good to know it might be an option.