Common Law applying Inland

Old Jan 10th 2005, 6:30 pm
  #1  
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Default Common Law applying Inland

Hi,

To those who had been previously discussing Canadian Citizens sponsoring their common law partners in canada on a one-year working holiday visa.....the issue we had was how to apply to change my partner's Working Holiday visa to a visitor visa for the duration of the application process with the time constraints of only having lived together for 12 months at the expiration date of her 12-month visa....

I called CIC and they told me that if I include an application for work permit with the application for her permanent residence (same envelope), she has implied status in the country while it is being processed (thus negating the need to change to a visitor visa) and once the PR application has been AIP, she will get the work permit back at the same time.


I never thought this would work but the CIC person I talked to on the phone seemed to be confident that it works.
Hope this helps some of you out.
Any comments by the experts would be greatly appreciated.

Cheers.
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Old Jan 10th 2005, 6:35 pm
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Default Re: Common Law applying Inland

Originally Posted by Iggy
Hi,

To those who had been previously discussing Canadian Citizens sponsoring their common law partners in canada on a one-year working holiday visa.....the issue we had was how to apply to change my partner's Working Holiday visa to a visitor visa for the duration of the application process with the time constraints of only having lived together for 12 months at the expiration date of her 12-month visa....

I called CIC and they told me that if I include an application for work permit with the application for her permanent residence (same envelope), she has implied status in the country while it is being processed (thus negating the need to change to a visitor visa) and once the PR application has been AIP, she will get the work permit back at the same time.


I never thought this would work but the CIC person I talked to on the phone seemed to be confident that it works.
Hope this helps some of you out.
Any comments by the experts would be greatly appreciated.

Cheers.

It is important to note that the implied status rests on the work permit application. If you get a negative decision then you have a problem.
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Old Aug 28th 2005, 8:25 pm
  #3  
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Default Re: Common Law applying Inland

Hi, this post was a long time ago now but it looks as if it was the same question I had recently about continuing to work on a WHV. I was told the same thing from the CIC call centre (I know all the answers are different but well it's worth looking into!). At first the lady said that due to the nature of the visa that there was no way to continue to work and I should just apply for a change of status to visitor. When I told her of my friends situation she took my details and went to ask a supervisor. They said to apply for the work permit and include a letter explaining the situation. She said it would be looked at on a case by case basis.
I think it's too late for me, as I've already sent in for my visitors visa but I was wondering whether Iggy was still around and how you've been getting on with your application?
Another question I had was that I didn't send a open work permit application in with my common law application in June. Does this mean that when I (hopefully!) received my 1st stage of approval that I would have to THEN apply for the permit and that would add another 51 days of waiting time? If I had sent the work permit off at the same time as my common law would I have the permit as soon as AIP came through? Just kicking myself but wanted to make sure it's clear for future applicants if it saves them 2 months! Thanks for all your help!
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