How to Keep Legal Status While Waiting for Application Results

The Open Work Permit Program for Inland common-law partners and spouses lets partners work anywhere and for any employer within Canada while their applications are being processed. This is a new program that will be available until at least July 31, 2020. The following conditions must be met to be eligible for this program.

  • The application for permanent residence through common-law or spousal sponsorship must be in the processing system.
  • Both partners must live at the same address.
  • Both partners must meet the eligibility guidelines under the spousal or common-law partnership program.
  • The application must have a valid temporary resident status as a student, worker, or visitor.

Common-law partners may need to extend their temporary status as a worker, student, or visitor, if they are set to expire. The applicant must have valid temporary status. They can apply for an extension online. If, however, they have stopped working or going to school, they may be eligible for a visitor visa. If they are still working or studying, they may be able to extend their permit. Visitor visa holders can also apply to extend their stay.

Other Guidelines

Incomplete applications may not be accepted. Immigration, Refugees, and Citizenship Canada (IRCC), may accept incomplete applications with the understanding that the provided documents may be missing due delays and disruptions do to COVID-19.

Couples who are filing new common-law sponsorship applications, but are unable to provide the necessary supporting paperwork must submit a detailed letter explaining the delays.

Incomplete applications will be kept and reviewed in 90 days. If the application is still incomplete in 60 days, the IRCC offices will request the missing documents with an added 90-day deadline.

While sponsorships for common-law partnerships in Canada is ongoing, these guidelines are subject to change during the COVID-19 outbreak.

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