Fiance work permit after PR refusal

[Bani44]

Hi
I am on 3 years work permit right now in Ontario. My fiance has applied for PR under CEC in oct 2014. He got a refusal for PR and work permit extension last week. His current work permit has expired too.
Can he stay in Canada for another 3 months.?
Is there any chance he can get work permit if we get married ?
Any suggestions ! please and thank you.

 

[jenish3333]

Hi
I am on 3 years work permit right now in Ontario. My fiance has applied for PR under CEC in oct 2014. He got a refusal for PR and work permit extension last week. His current work permit has expired too.
Can he stay in Canada for another 3 months.?
Is there any chance he can get work permit if we get married ?
Any suggestions ! please and thank you.

According to my knowledge if you're working in NOC O,A or B for full time then ur spouse is eligible for dipendent work permit if you get married.
To stay here you have to apply for status restoration n mean while apply for a work permit. I am not to sure about this 90 days restoration so wait for some expert to raply.

 

[jes_ON]

I am on 3 years work permit right now in Ontario. My fiance has applied for PR under CEC in oct 2014. He got a refusal for PR and work permit extension last week. His current work permit has expired too.
Can he stay in Canada for another 3 months.?

He is out of status as of the refusal (presumably for a BOWP). There is a 90 day restoration period during which he can apply to restore his status as either a visitor or a worker, but he is out of status immediately.

Is there any chance he can get work permit if we get married ?

Maybe, but it depends on the reason his application was refused. Generally, spouses (including common-law spouses) of temporary workers are eligible for spouse open work permits, again depending on the type of permit you have and whether youc currently are employed in a full-time skilled position.

Also know if you have been living together for at least 1 year, you would be considered common-law spouses and there would be no need to "speed up" the wedding.

 

[Bani44]

Thanks for the reply. I am working full time under NOC B.
We have been living together since last 2 years.

 

[jes_ON]

Thanks for the reply. I am working full time under NOC B.
We have been living together since last 2 years.

Then he could *probably* apply for Restoration ($200) + open work permit ($!55 application fee +$100 open work permit fee), with proof of your full-time skilled employment, and a declaration of common-law status.

http://www.cic.gc.ca/english/pdf/kits/forms/IMM5409E.pdf

Depends on what kind of work permit you have..

 

[Bani44]

Thanks for the reply.
I have open work permit of 3 years
They have refused his re consideration application too.

 

[jes_ON]

But what kind of open work permit? Based on what?

 

[Bani44]

Post graduation work permit.

 

[jes_ON]

Post graduation work permit.

Then yes, he is eligible for the spouse open work permit, IF you have a full-time, skilled position.

 

[Bani44]

Thank you Jes_ON