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Category Archives: Common-Law

Mission Ambedkar  /  Blog  /  Common-Law
31 Jul 2020
Canada is extending the open work permit pilot program for spouse or common-law partner

Canada is extending the open work permit pilot program for spouse or common-law partner

Categories canada, Common-Law, IRCC, News, Permanent Immigration, Permanent Residence, Spouse, Work Permit 0 Comments

Canadian Government is extending the open work permit pilot for spouses and common-law partners applying for permanent residence under the spouse or common-law partner in Canada class until the regulatory changes come into force to permanently implement this policy.

Support for families is a priority for the Government, and these measures ensure that applicants can work and contribute to the economy. The extension of these measures provides certainty and stability to spouses and common-law partners in Canada who are awaiting their permanent resident status.

The open work permits are limited to applicants living in Canada who have submitted an application under the spouse or common-law partner in Canada class, and who have temporary resident status or are eligible to restore their temporary resident status (as a visitor, student or worker) and live at the same address as their sponsor.

Open Work Permit Pilot is for inland spousal and common-law sponsorship applicants. Inland sponsorship is for couples who are already living together in Canada.

 Eligibility

 Applicants should meet the following requirements: 

  • Permanent residence application should be submitted under the SCLPC class
  • The SCLPC class applicant should reside at the same address as the sponsor
  • The SCLPC class applicant should have valid temporary resident status (as a visitor, student, or worker), or should be eligible to restore their temporary resident status, and had submitted the restoration application with their application for permanent residence

 Who do not qualify for the open work permit pilot program? 

  • Applicants who have applied for permanent residence under the SCLPC class and have been refused or have withdrawn that application before submitting the open work permit pilot application
  • Applicants whose application for permanent residence is being processed under the spousal public policy on the basis that they do not have a valid temporary resident status (these applicants must wait until they receive approval in principle to be eligible to apply for an open work permit)
  • Applicants who have applied as members of the overseas family class, including those living in Canada
  • Applicants applying for the work permit pilot program at a port of entry
07 Jul 2020
Who can submit a paper application to stay in Canada?

Who can submit a paper application to stay in Canada?

Categories canada, Canadian Experience, Caregiver, Common-Law, immigration, immigration news, International Students, IRCC, News, Spouse, Student Permit, students, Study Permit, Temporary Resident Permit (TRP), TFW, Work Permit 0 Comments

Foreign nationals in Canada seeking to extend their stay must apply electronically (online) unless they are one of the exceptions. On June 4, 2019 the Immigration and Refugee Protection Regulations (IRPR) were amended to make an electronic application mandatory for most temporary residence applications made from within Canada. Applications need to be sent electronically if foreign nationals want to:

However, Immigration, Refugees and Citizenship Canada (IRCC), allows some exceptions to this rule.

Exceptional circumstances

There may be exceptional circumstance beyond the control of foreign nationals, individuals, or entities, and can be grounds for bypassing the online application requirement. Applicants may fall under this exemption if they cannot submit online application because of inadequate, or incompatible electronic infrastructure in their country. Exceptional circumstances could also include a natural disaster, political turmoil, or another situation that limits their access to electronic communication.

Disability

A foreign national or an individual who, because of a disability, is unable to meet a requirement to make an electronic application may also apply paper-based application.

System restrictions 

There are 2 online systems that clients can use

Come to Canada tool and MyAccount are inadequate for specific applicants inside Canada. As a result, the applicants may be exempt from the mandatory online application.

List of the programs exempt from electronic (online) application are as follows:

  • Open work permit pilot program for permanent residence applicants in the spouse or common-law partner in Canada class.
  • Live-in caregivers who have submitted an application for permanent residence
  • Permanent residence applicants in Canada who used Express Entry to submit their permanent residence application and have received an acknowledgment of receipt letter
  • Start-up visa work permit applicants
  • Quebec physicians
  • International Experience Canada (IEC) participants extending the period of participation or changing employers
  • Post-graduation work permit (visitor record to post-graduation work permit and post-graduation work permit extensions
  • In-Canada applicants under the 2 pilots for caregivers [Home Child Care Provider Pilot (HCCPP) & Home Support Worker Pilot (HSWP)]
  • Destitute students
  • Holders of a temporary resident permit valid for a minimum of 6 months
  • Seafood-processing workers
  • Non-Seasonal Agricultural Worker Program (SAWP) Guatemalan workers
  • Urgent referrals process for work permitsor otherwise specified by the Clients Support Centre’s call handling document
  • Refugee claimants
  • Persons under an unenforceable removal order
  • Failed refugee claimants waiting for removal who need to support themselves
  • Visitors in Canada applying for an initial study permit, work permit or both who are accompanying a spouse holding a low-skilled work permit

If the foreign national has an authorized paid representative with access to Canada’s APR portal, the representative is required to submit applications electronically on behalf of their client.

Need help staying in Canada!

The COVID-19 pandemic has led to challenging times in Canada and around the world. Many people are under distress and anxiety. We understand! Can-X is here to help you figure it out, so you can have peace of mind. You could be an international student, worker, or visitor looking to extend your stay in Canada. You may be seeking a pathway to permanent immigration. Or you may be looking to reunite with a loved one. Whatever the reason, contact us to discuss your immigration needs, and we will provide our insights and help as much as we can during these difficult times.

We Care!

08 Jun 2020
Family Members can now enter Canada- Justin Trudeau

Family Members can now enter Canada- Justin Trudeau

Categories canada, Common-Law, Coronavirus, COVID-19, immigration, immigration news, News, Spouse, visit 0 Comments

Prime Minister Justin Trudeau announced today that immediate family members will be able to enter Canada effective June 9, 2020. Foreign nationals, irrespective of which country they are entering Canada from, are eligible to enter Canada if they are an immediate family member of a Canadian citizen or permanent resident and do not have COVID-19 or exhibit any symptoms of the virus. However, their visit must be at least 15 days long and they must self-quarantine by law for 14 days upon entering Canada.

Immediate family is defined as:

Spouse or common-law partner ¦ Dependent children ¦ Parent or step-parent ¦ Guardian or tutor

The exemption does not apply to temporary residents in Canada. Only Canadian citizens and permanent residents can be reunited with family.

Immigration minister Marco Mendicino said that this new exemption for families was to bring families closer together, however the federal government would not allow short-term trips. This is meant to protect the health and safety of Canadians.

A Canadian Citizen or Permanent Resident can sponsor

  • a spouse, common-law partner or Conjugal Partner for Canadian permanent residence under family class sponsorship program
  • their dependent and adopted children to join them in Canada
  • their parents and grandparents to Canada as a Permanent Residents under parent & grandparent sponsorship

A Canadian Citizen or Permanent Resident can also invite parent and grandparent on Super Visa which allows the parents and grandparents of Canadian Citizens and Permanent Residents to come to Canada as visitors. The super visa is a multiple-entry visa valid for 10 years.

Contact us for consultation and assistance!

Need help staying in Canada!

The COVID-19 pandemic has led to challenging times in Canada and around the world. Many people are under distress and anxiety. We understand! Can-X is here to help you figure it out, so you can have peace of mind. You could be an international student, worker, or visitor looking to extend your stay in Canada. You may be seeking a pathway to permanent immigration. Or you may be looking to reunite with a loved one. Whatever the reason, contact us to discuss your immigration needs, and we’ll provide our insights and help as much as we can during these difficult times.

We Care!

22 Apr 2020
Sponsoring Spouse and Common Law Partners during COVID-19 Pandemic

Sponsoring Spouse and Common Law Partners during COVID-19 Pandemic

Categories canada, Common-Law, COVID-19, immigration, immigration news, IRCC, News, Spouse, Work Permit 0 Comments

Special measures spurred by the COVID-19 outbreak will affect couples differently depending on their application, and whether they are applying for inland or outland sponsorship. However, spouse and Common Law Partners can still submit their application during COVID-19 pandemic.

Out land Sponsorship

This program is pursued when the applicant (sponsored partner) is living outside of Canada. However, it is possible for an applicant living in Canada to apply through the out land program. This option may permit the applicant to travel in and out of Canada throughout the application process but it’s always discretion of Canadian immigration authority to decide whether the sponsored person may re-enter Canada or not. Out land application is processed through the visa office that serves the applicant’s country of origin or where they have resided legally for at least one year. IRCC is committed to issuing visas as quickly as possible in order to rapidly reunite families under this program. IRCC aims to process applications submitted through this program within 12 months.

In land Sponsorship

This program  is pursued when the couple is together in Canada and the foreign spouse/common-law partner has temporary status in Canada, either as a worker, student, or visitor. The person being sponsored may be eligible for an Open Work Permit, allowing to work for any employer in Canada while the sponsorship application is being processed.  If the applicant (sponsored partner) already has a work or study permit, he or she may continue to work or study as long as the permit is valid, however it is important to note that working and studying in Canada without valid status are illegal and may result in serious consequences for the sponsored person.

Applicants who wish to obtain an open work permit should apply at the same time that they apply for permanent residence. However, IRCC states that if a sponsored spouse or common-law partner has not submitted an application for an open work permit at the same time as their permanent residence application, he or she may still submit an application for an open work permit at a later stage. If the sponsorship application is refused, the applicant is required to leave Canada immediately at the end of his or her period of temporary stay. Moreover, if the sponsored person leaves Canada at any point while the application is being processed, there is no guarantee that he or she will be allowed to re-enter Canada, especially if he or she requires a visitor visa. IRCC aims to process applications submitted through this program within 12 months.

Note

  • Canada recognizes same-sex marriage, and same-sex partners may be eligible to apply under this category, provided they meet all eligibility requirements.
  • In most cases, there is no low-income-cut-off (LICO) for spouse, partner or dependent child sponsorship. However, if either a spouse or partner you’re sponsoring has as dependent child who has dependent children of their own, or a dependent child you are sponsoring has a dependent child of their own, you must meet a minimum LICO score, which is determined by the Canadian government each year.
  • The province of Quebec has its own immigration rules. After your application is received, IRCC will send you an email or letter with instructions about how to apply to the Quebec government to become a sponsor.

Incomplete applications may be accepted by IRCC

Immigration, Refugees and Citizenship Canada (IRCC) may accept incomplete applications provided that the documents are missing due to COVID-19 service disruptions. Couples who are submitting new sponsorship sponsorship applications, but are unable to provide the required supporting documentation must submit an explanation letter explaining the delays. Incomplete applications will be kept and reviewed in 90 days. If the application is still incomplete in 60 days, IRCC officers are instructed to request the missing documents with an additional 90-day deadline.

Contact us for consultation and assessment.

 

14 Apr 2020
Spouses and common-law partners can still apply for Canadian permanent residence under Spousal Sponsorship despite COVID-19 pandemic

Spouses and common-law partners can still apply for Canadian permanent residence under Spousal Sponsorship despite COVID-19 pandemic

Categories canada, Common-Law, COVID-19, immigration, immigration news, IRCC, News, Permanent Immigration, Permanent Residence 0 Comments

IRCC will be accepting and processing the applications under spousal and common-law class sponsorship for applicants both in Canada and abroad. As a temporary reform in the policies and procedures amid coronavirus outbreak, IRCC will also accept incomplete applications in case you have not submitted any document due to disruption in services caused by coronavirus.

If you are applying under this program in near future and do not have any required document, you can still submit the application with detailed explanation about delays due to COVID-19. The incomplete applications will be kept for 90 days under review and you will be requested to submit the missing document if the application is incomplete even after 60 days of submission.

You will not be ineligible to sponsor your partner if you have been laid off and receiving social assistance for example, Employment Insurance benefits under current circumstances.

Immediate family members including spouses and common-law are exempt from travel restrictions which were imposed by Canadian government to prevent the spread of coronavirus. Spouses and common-law can travel to Canada after identifying themselves to airlines and their immediate family members’ status in Canada with supporting documents such as Marriage Certificate, Birth Certificate, PR card or Canadian passport and any other document proving their relationship. However, despite exemption, you will be able to board the plane only after you clear the health check conducted by airlines and do not exhibit any symptoms of COVID-19.

Contact us for assessment and more information

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