Need to statuary declare common-law before applying?

[kaosezmu]

Guys, it's complicated. At least, to this newb it seems so. And to throw curveballs, my partner and I are planning on taking a summer trip this year, which may last 1 or 2 months (but given this sudden wrench in my status, not sure if it can still be done).

Anyhow, onto the URGENT matter...can anyone confirm what I am doing is correct or if I am missing any steps? Thank you!

I am a US citizen and my common-law partner is Canadian. On my last re-entry into Canada, the immigration officer gave me a 1 month visitor record and told me to change my visitor status. Except this is so NOT enough time, so I am applying to extend my visitor stay (IMM5708E) with the intent to apply for PR under the family class (common-law sponsorship). We have been living together for 1 year and 5 months with a co-signed rental lease that will be 1 year in May. We haven't officially declared as common-law yet.

So, I think this is what needs to be done:

1. Extend my visitor record before it expires on April 20. Should I attach letter of explanation with my intent to apply for PR under common-law with a paid receipt (is that even possible with the ONLINE application?). It can't be sent just yet because I don't have all the documents prepared yet. However, I really want to make sure my visitor status gets extended.

2. Maintain implied status while waiting for the decision to extend to be granted.

3. Apply for common-law sponsorship (inland) ASAP. Should this be paper or online? Which is less confusing? From what I've learned, I need to attach both applications for sponsorship and my PR application together. Someone also said to send in an application for an open work permit as well.

So, do we need a form to officially declare common-law? And does it need to be approved/recognized first before applying....or can we send in the form together with my visitor extension request....OR should we just send that in separately (with the common-law parts filled out on the visitor extension request).

 

[Ponga]

You don't have to officially declare yourselves as common-law, since if you have in fact cohabited for 1 full year (uninterrupted) you are common-law.

Including the Statutory Declaration of Common-Law (with your sponsorship application) is optional, but some people have been asked t provide it at some point during the process; many have never been asked for it.

1. Yes

2. Yes

3. NOOOO! You should submit an OUTLAND application (even though you are IN Canada) because it is substantially faster than an Inland application. You won't be eligible for a work permit, but you can quite possibly complete the entire process in 8-10 months, versus 2 years just for stage 1 approval with an Inland application. Unless you desperately need the OWP, you should seriously consider applying Outland. Trust me!


You should read the very first thread in this forum, which gives you a good idea how the spousal sponsorship program works.

Repeat after me..."I will NOT submit an INLAND application"

Good luck!

 

[kaosezmu]

LOL. Thanks for the reply!

We don't need the OWP, my partner's salary can support us both with no problems. But the main concern: can I still have a valid reason to extend my stay in Canada as a visitor when we're applying as OUTLAND? Do they not check if it's outland or not when granting visitor extension?

I knew it was long, but didn't know stage 1 took THAT long in comparison. I would like to have an OWP since I have been unable to work for some time now....

 

[kaosezmu]

Ah, I saw the answer in the pinned topic you recommended. Okay, we'll shoot for OUTLAND

 

[surleplateau]

1. Extend my visitor record before it expires on April 20. Should I attach letter of explanation with my intent to apply for PR under common-law with a paid receipt (is that even possible with the ONLINE application?). It can't be sent just yet because I don't have all the documents prepared yet. However, I really want to make sure my visitor status gets extended.

In an online extension application, there is a spot for uploading a Letter of Attachment.

I (US citizen with Canadian common-law partner) have applied for and received two extensions to my stay in Canada as a visitor (temporary resident?). In both applications, I uploaded a PDF file that included a 1-page letter written by me explaining my reason(s) for wishing to stay in Canada, including the fact that I was preparing to apply for a PR via sponsorship, a letter from my partner asking nicely for CIC to let me stay, and also a Statutory Declaration of Common-Law Union as additional proof of our relationship and commitment to each other.

In my 2nd visa extension request, they opened it but did not make a decision based on the timelines, I think they waited until my Outland application got through to Sponsor Approval (SA), because a week after we got SA, I got my visa extension. I didn't bother calling CIC about the visa extension even though it looked 2 months slower than the timeline because I could see that it was "Open" online, and I knew that I was technically still on implied status, so until they made a decision, it wasn't having much of an effect on my life.

 

[kaosezmu]

In an online extension application, there is a spot for uploading a Letter of Attachment.

I (US citizen with Canadian common-law partner) have applied for and received two extensions to my stay in Canada as a visitor (temporary resident?). In both applications, I uploaded a PDF file that included a 1-page letter written by me explaining my reason(s) for wishing to stay in Canada, including the fact that I was preparing to apply for a PR via sponsorship, a letter from my partner asking nicely for CIC to let me stay, and also a Statutory Declaration of Common-Law Union as additional proof of our relationship and commitment to each other.

In my 2nd visa extension request, they opened it but did not make a decision based on the, I think they waited until my Outland application got through to Sponsor Approval (SA), because a week after we got SA, I got my visa extension. I didn't bother calling CIC about the visa extension even though it looked 2 months slower than the timeline because I could see that it was "Open" online, and I knew that I was technically still on implied status, so until they made a decision, it wasn't having much of an effect on my life.

Thanks for sharing your story!

I was wondering how to attach the separate things together...placed all in one PDF file is smart!