common law/spouse PR question

[Elarson]

I am new here, and I have been searching around for this answer, I apologize if it is something that has been talk about before, but I just can not seem to find this answer anywhere.

I am an American and my significant other is a Canadian citizen. If she were to sponsor me, am I able to live with her in Toronto during the duration of the processing time? I know I could stay with her for the 6 months that I am allowed in Canada as a visitor, but after that? Would I have to apply for an extention as a visitor, or at that time, would I be able to apply for an open work permit? I would love to be able to work and contribute, but what are my options if I want to be in Canada with my significant other while the application is being processed? Thanks everyone!

 

[CharlieD10]

Yes, you would be required to apply for an extension at least 30 days before your status expired.

You are only eligible to apply for an open work permit when being sponsored for PR if you apply Inland. As an American there are practically no benefits to an Inland application, as you would be looking at 11 months minimum wait just to get the Open Work Permit.

If you want to wait out the time in Canada, you need to have sufficient savings, or she needs to, because either way you apply, you cannot work in Canada for at least a year (time it takes to get an OWP Inland, or average time it takes to process Outland US application). You could try to find a willing employer who could get a Labour Market Opinion saying they cannot find a Canadian citizen or PR who can do the job they are hiring you to do and get a work permit, but those are hard to come by.

 

[Elarson]

Hey, thank you for the information...

this then brings up the question, if it makes much more sense to apply outland, am I free to go back and forth as a tourist from the US to Canada within my tourist visa limit while my PR application is being processed?

 

[Overlovers]

as an american, i don't think you will have much problem entering Canada and going out if you choose to apply outland. but of course, the onus is left for you to prove to the IO that you are just going for a visit if need arises.

 

[parker24]

Hey, thank you for the information...

this then brings up the question, if it makes much more sense to apply outland, am I free to go back and forth as a tourist from the US to Canada within my tourist visa limit while my PR application is being processed?

You can yes, but you have to have STRONG ties to the states when you visit Canada.