Common Law plus temp work permit application - tight timeframe

[daveg]

Hello, I’m Dave, I’m Scottish and my partner, Kelsey, is Canadian. We met years ago when Kelsey was studying in Scotland and have been in a long distance relationship because Kelsey had to return to Canada after her studies. But in April 2016 I had saved up and quit my job in the UK and came across to Canada to be with Kelsey - I arrived in Ontario and we drove to BC and then up to Yukon - glorious!
In October 2016 we both left Canada to attend my sister’s wedding in Europe, and we came back together a week later. Both times I’ve arrived as a tourist. We’ve been living together this whole time, either airbnb, with Kelsey’s parents, camping, and since October we’ve been renting together in Vancouver and this is where we are currently (Kelsey is the only one named on the lease right now…)
So by April 16th 2017 we will qualify as ‘common law’ partners - great! But my tourist status expires on May 3rd — and we are both worried that this is sooo tight…
This forum has great advice and I’ve read a lot, but everyone’s case is different, so I am just wondering if anyone has any good advice in this case.
Is common law the most assured way to go for us? I hear visa sponsorship by me getting a job offer is much harder?
Should I be applying for an extension to my tourist status? If so, at what point should I apply? Or should I just hope that I get an acknowledgement of receipt back from the CIC within that 17 days...? It's tight..
Kelsey is in full-time employment in Vancouver. I can survive for a while on savings, but I’m keen to start working in Canada too. So am also wondering if there’s a temp work permit I can apply for… that would be even better than a tourist extension. But again that gap is so tight. Should I send an application for a temp work permit straight after the common-law application?
CIC is so comprehensive, and I really appreciate this forum for advice!
With thanks, Dave.

 

[Aquakitty]

Hello Dave, welcome to hell! Just kidding.

First of all, if you've been living sort of "off the grid" as you describe, how are you going to prove you've lived together for the required 1 year?

And yes, you are correct. The timeline is tight. But, that has nothing to do with AOR. Assuming you have the required proof, if you choose to apply inland and mail off the inland work permit application along with the PR application BEFORE May 3rd, you would have implied status for several months until the work permit arrives. The work permit is what gives you status, not the PR application.

However, if something went wrong with the work permit (say, you forgot to sign or pay or something of that nature) then you'd be out of status. To be safe, you can apply for a visitor extension about a month before your status expires. You can do this online.

If you choose to apply outland, there is no work permit. In the past, outland was usually much faster than inland. But now, no one knows as the system recently changed. With outland, you will need to maintain your status until your PR application is complete.

The only other option is to get yourself a "working holiday" visa. I am not familiar with the process for that for Scottish people, but all the information is online.

Unless you have a highly in-demand skillet, any other form of work permit would be nearly impossible to get. You can work remotely though, as long as the company does not serve Canadian customers directly.

 

[majesty]

Hi Dave,

Sounds like Aquakitty has everything covered. If you decide to apply the outland route as a common-law couple, you might have a problem providing the evidence they want based on what you have said here. For outland applicants, there are 2 sections where you have to submit 2 out of 3 things to submit as evidence. If you are living together now, the three categories you can pick from are:
1) Joint ownership of residential property or joint lease or rental agreement
2) Proof of joint utilities account
3) Important documents showing that you and your sponsor live at the same address

There is also an additional section where you have to submit evidence from 2 out of the 3 categories again:
1) Proof of financial dependency on one another
2) Important documents showing that you are recognized as each other's spouse (e.g.. employment or insurance benefits)
3) Proof your relationship is recognized by your friends and/or family (e.g.. letters, social media info showing a public relationship)

It's all on page 6 of IMM 5589, the checklist.

Look over the checklist and if you don't have enough evidence, maybe there is still time for you to be able to make arrangements to satisfy CIC's criteria.

I hope this helps.

Good luck!

 

[daveg]

Hi Aquakitty and Majesty, thank you for your responses!

Aquakitty, can I just ask to clarify something.... do I get 'implied status' the second I post off the application? Or do you only get implied status once you get the AOR from CIC?
(E.g. could I literally wait till May 2nd before I post it? And get 'implied status' until CIC respond?)
(Although I won't be doing this! I'll be getting it off ASAP. Just not sure what my status will be while my application is in the mail.)
Thanks again for the help -- appreciated -- Dave.

 

[scylla]

Hi Aquakitty and Majesty, thank you for your responses!

Aquakitty, can I just ask to clarify something.... do I get 'implied status' the second I post off the application? Or do you only get implied status once you get the AOR from CIC?
(E.g. could I literally wait till May 2nd before I post it? And get 'implied status' until CIC respond?)
(Although I won't be doing this! I'll be getting it off ASAP. Just not sure what my status will be while my application is in the mail.)
Thanks again for the help -- appreciated -- Dave.

The application needs to ARRIVE at CIC's offices BY May 3rd in order for you to have implied status. So May 2nd would be too late. You would want to get the application off a few days before that to leave enough buffer. Also, applications are sometimes returned due to missing signatures / errors in forms / etc. So ideally you'd submit the application very shortly after becoming common law to provide you with time to resubmit in case it's returned. If the application is returned after May 3rd, your implied status will be gone and you'll be out of status in Canada.

 

[daveg]

So I will send my application by recorded mail, and the 'proof of receipt' is what gives me implied status (to remain as a tourist)?
Is that right?

Or should I be applying for a tourist-extension ASAP? Because I can't imagine the busy CIC office staff will be able to send AOR within 3 weeks.