Can I get an open-work permit while waiting for my common-law PR ?

[ldissrh]

I am going to be applying for PR through the common-law route right away and want to know if i can submit an open-work permit visa with the PR application as well?

If so, how long till I get the open-work permit and does it allow me to apply for any positions?

 

[scylla]

If you are going to apply outland, then unfortunately this route does not allow you to apply for a work permit. You'll be authorized to work once the process has been finished, your PR approved and you have "landed" in Canada as a permanent resident.

If you apply inland, you will be able to work once stage 1 processing (sponsor approval) is complete. According to the CIC site, stage approval is currently taking 11-12 months to complete.

 

[ldissrh]

We would be applying inland.

So the way it would work is as follows:

I would apply for the PR and after about 11 months i would have the reference number and be at stage 1. Then, I could apply for the open-work permit which would take how long for me to get?

 

[scylla]

You would submit an open work permit application along with the initial inland PR application. At approximately month 11 or 12, you would receive stage 1 approval (this assumes there are no issues with the application) and you would receive the open work permit at this point as well.

Hope this helps.

 

[scylla]

Where are you from? If you're from somewhere like the US or UK (and other places) - you should really consider applying outland. You can apply outland while visiting Canada. And outland can often be much faster.

 

[ldissrh]

Well I am Canadian--it is my gf who is the foreigner. She is from Argentina.

Would it be faster for her? She is here right now on a Tourist Visa. We will have lived together for 1 year come December. If we were to apply outland, she would have to go back to Argentina, apply, and then come back here on a tourist visa in the meantime?

Thanks for all your help so far. I really appreciate it!

 

[CharlieD10]

No, she would not have to leave Canada to make the PR application. The application can be done and submitted while she remains in Canada as a visitor.

 

[scylla]

I personally would file outland through Argentina.

The official processing time is shown as 10 months through Buenos Aires (in addition to Mississauga processing times):

http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp

However this represents 80% of files completed which means many applications are processed faster than 10 months.

Given that the first stage of inland alone is 11/12 months - outland seems like the better deal for the two of you.

 

[ldissrh]

So why would one ever apply Inland if they can simply apply Outland and stay in Canada?

I am assuming that if we were to apply outland that she could simply extend her tourist visa and stay in Canada as a tourist in the meantime? Is this correct?

 

[sidkrose]

No, she would not have to leave Canada to make the PR application. The application can be done and submitted while she remains in Canada as a visitor.

Just curious, for a non-visa-exempt country, can you still just extend the tourist visa as easily as you can extend a visitor visa for visa exempt people?

 

[scylla]

So why would one ever apply Inland if they can simply apply Outland and stay in Canada?

I am assuming that if we were to apply outland that she could simply extend her tourist visa and stay in Canada as a tourist in the meantime? Is this correct?

Outland SHOULD be faster than Inland for her. Note that if she has to attend an interview, it will be held in Argentina (not Canada). Also, there's technically never a 100% guarantee that she will be able to extend her tourist visa to remain in Canada.