Flag polling for open work permit

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Shan1991

New Member
Hi there. My boyfriend has an open work permit for 2 years but I am here on a tourist visa. We are both from the UK. Once he has a skilled category job here we are planning to flag pole for my application for a common-in-law open work permit that is linked to his. We have proof that we have lived together 2 years and own a property together in the UK. I have done extensive reading and seen that other people have done this.

Please could anyone else advise if they have done this? Obviously we will need all the documentation with us at the border, can anyone advise a complete list? My issue is that I haven’t done biometrics. Will this be an issue at the border? I went to try and get them done in the uk before arriving but was told that you can only do them if you have an open ongoing application. I know that this is possible but just want to make sure i have all the documentation correct.

Thanks so much! Any advice would be great
 
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Shan1991

New Member
Correct, I’ve seen other people on IEC open work permit who have managed to get their common-in-law partner a visa via this route.
 
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Shan1991

New Member
I also wanted to know, how many months of payslips does my boyfriend need, I.e how many months does he need to have worked before we can apply? Some places I have read three and others I have read 1...
 
Riley Haas

Riley Haas

Administrator
Staff member
Location
Toronto
Okay, then I guess you can flagpole for it. This is fairly obscure so it's possible that the CBSA (border) official will not be aware of the rule. In addition to your documentation about your qualifications you might want to bring a copy of these pages.
 
Riley Haas

Riley Haas

Administrator
Staff member
Location
Toronto
No, sorry.

I am speaking to someone on Facebook about this problem too. IRCC promised in-Canada biometrics locations by 2019, but I have yet to find a page on their site that says
  1. when they're opening and
  2. where they'll be located.
Sorry about that.
 
K

klr

New Member
Hi Shan1991, I am in a very similar situation to you so would love to know if you manage to find a solution. We are UK/AU couple with my partner on an IEC visa in skilled employment, I am no longer eligible for IEC but intend to apply as a Common-Law partner and am currently in Canada as a visitor.
Re. payslips, all the literature I have seen asks for last 3 payslips but no mention of timespan. As I understand from employment standards in Canada, employers have to pay more than once per month, i.e. 2 or more which could be why this is vague. My partner's salary is paid fortnightly so I intend to use minimum 6 weeks worth.
In terms of other documentation, I believe you need a Statutory Declaration of Common-Law Union which must be notarised, it seems fairly straightforward to make an appointment to do this.
My biggest headache is also the biometrics, I had hoped to apply in Canada but don't want to have to take a flight back to the UK at short notice just to obtain biometrics. From what I have gathered, you will be given the option to complete biometrics in Canada if you are applying for PR but not OWP. On this basis I intend to apply on entry to Canada following a long weekend away, as I understand several land and air crossings have this facility, I'm sure you've seen the list.
Good luck and keep us posted! I will of course do the same :)
Thanks
 
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klr

New Member
p.s. in terms of documents list I plan to have with me: Statutory Declaration as above, partners payslips, contract of employment and open work permit, proof of funds, family history and insurance to cover the full visa. I don't believe I need a medical but I am not sure whether I should get a police check done.
 
Riley Haas

Riley Haas

Administrator
Staff member
Location
Toronto
Yes, usually pay is every 2 weeks.

If you have the list of the ports of entry with biometrics, can you share that with us?
 
K

klr

New Member
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Shan1991

New Member
Hey! Sorry for late reply to this. I'll keep you updated on my progress as I will be flagpolling on the 1st weekend of November. One question, do we need to get a police certificate for me? Thanks for info on the Biometrics, I'm stressed about that but it sounds as if some borders will have the option to do them there.
 
K

klr

New Member
Hi Shan, thank you so much for the reply. I am looking at mid-end of November so would love to know how you get on. Out of interest, where do you plan to go? I requested my own police cert to be on the safe side. A bit concerned as I contacted the VAC in New York to query whether I could make an appointment for biometrics and submit an application, they advised that spouse/partner of IEC participants aren't eligible! It's really worrying that the officials don't appear to be clear on their own rules! I would definitely take copies of the links you reference above. I will respond to the VAC and will update if I hear anything further. Good luck, I will keep my fingers crossed for you! Kx
 
J

John Immanuel

Member
Location
India & Canada
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