Common-law status and PR applications?

[Kahisys]

Greetings. I'm not sure if this is the place to ask, but it seems like it to me. Sorry if it isn't.

My partner and I will have reached our one year of living together in about a month, so I want to plan ahead the upcoming paperworks. We intend to apply for common-law status and, while we're there, get me a PR so I can finally work and help with the expenses (we've been holding out pretty well so far, but the sooner the better).

After browsing the cic.ca website for a while, I can't seem to find the correct applications to become common-law. Where and how should we apply? The only applications I can find are common-law sponsorship applications so far.

Thanks in advance for your help!

 

[Ponga]

You don't apply to `become' common-law.

Once you have met the requirement to be `deemed', common-law (one year of uninterrupted cohabiting together), you can then apply for spousal sponsorship. The Canadian, sponsors the foreign national for PR, with either the Inland application, or the Outland application.

 

[S_and_C]

Here is a good starting point on the site...
http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp

 

[Kahisys]

Oh, alright, so a spousal sponsorship. I was a bit confused from the lack of application forms.

After looking at the website, I checked the processing time for my situation (aka. already living in Canada), and it says the processing time is up to 26 months. Thankfully, we can apply for an open work permit while it processes.

However, it seems vague on the requirements for said permit. Considering I have a tourist visa, and not a temporary resident visa, it seems like the paperworks don't apply to my status.

I'm kind of confused.

 

[Ponga]

Oh, alright, so a spousal sponsorship. I was a bit confused from the lack of application forms.

After looking at the website, I checked the processing time for my situation (aka. already living in Canada), and it says the processing time is up to 26 months. Thankfully, we can apply for an open work permit while it processes.

However, it seems vague on the requirements for said permit. Considering I have a tourist visa, and not a temporary resident visa, it seems like the paperworks don't apply to my status.

I'm kind of confused.

Most people that submit an Outland application (which you can do from within Canada) complete the entire process substantially faster. Unless the most important thing for you is the ability to work in Canada (within ~ 5 months or so), the Inland application is probably not the best option.

Check the Paris thread(s) to see how quickly people are completing the process with an Outland application.


If you insist on the Inland application, it (in and of itself) is what qualifies a person for the OWP. If you submit an Inland application and the OWP (form IMM5710) at the same time, prior to your current visitor status expiring, you'll be covered under something called Implied Status. This `psuedo' status, will allow you to legally remain in Canada, during the processing of your PR application.

 

[Kahisys]

Indeed the sooner I can work the better. My partner plans on going to college this September and while we can hold out a couple months, I want to be able to support them as soon as possible.

So the Inland application would be the fastest for me to that extent? My visitor visa is already extended up until the end of November so I have more than enough time, even without the Implied status.

 

[Ponga]

Since you can't even apply until sometime in August (based on your previous posts), the soonest you would get the OWP would likely be ~ Jan-Feb 2017. This is assuming that the Pilot Program OWP will even be extended beyond the proposed December deadline.

Here's one of the Paris threads:
http://www.canadavisa.com/canada-immigration-discussion-board/paris-office-timeline-t236590.960.html

See how quickly other applicants are getting their PR and decide if Inland is still your best option. Personally, I'd apply Outland.

 

[Kahisys]

Well really, my concern is to be able to work as soon as possible, I'm not really picky on which applications to send as long as I can work soon.

Would PR allow me to work?

 

[Rob_TO]

I'm not really picky on which applications to send as long as I can work soon.

You should be, as one way (Inland) may take 2+ years to process during which you're advised not to leave Canada, and the other (Outland) should take well under a year to be processed.

You can get an OWP with inland app, but it won't be delivered until 4-5 months after you submit the app.

With an outland app you need to wait until you have full PR before you can work, but for an easy case this could happen in well under a year.

For visa-exempt applicants, outland is almost always the better choice.

 

[MilesAway]

Yes, a PR has all the same rights as a Canadian citizen, except voting and holding certain government jobs.

 

[Ponga]

Yes, a PR has all the same rights as a Canadian citizen, except voting and holding certain government jobs.

Almost all the same rights.

Criminality, after becoming a PR, can lead to removal from Canada.

 

[Kahisys]

Indeed, it seems better to apply Outland. But how is it supposed to work? I've been living in Canada since August 2015, how am I supposed to make an outland application while I was supposed to be living in Canada?

 

[MilesAway]

You simply fill out the application and send it in. There is no problem with applying outland while living in Canada.

 

[Ponga]

Indeed, it seems better to apply Outland. But how is it supposed to work? I've been living in Canada since August 2015, how am I supposed to make an outland application while I was supposed to be living in Canada?

Make sure to apply to extend your status before it expires. Unlike an Inland applicant, Outland applicants need to maintain their status during the process.

 

[Kahisys]

Okay, that can be easily done. I'll have to have it done by the end of October.

About the outland application, where exactly can you apply? It doesn't seem to be an option on the cic website, or I just might not be good at searching (which is more likely if you ask me).
Also, do you need to apply outland for both the sponsorship and the PR?