PGWP expriring soon and can't be extended. Only option is becoming PR to stay in Canada

[bunnyspoon]

Hi everyone,

I would love to know if anyone here had a similar experience to mine. I'm in a predicament and hiring a lawyer is my last resort at this point. Long story-short, my PGWP is expiring in June 2024. I applied for EE in Aug 2023 but was cancelled due to insufficient documents. I applied for EE again in Dec 2023 but I haven't heard back. I'm getting nervous since as of right now, I cannot extend my PGWP and don't have anywhere to go home to outside of Canada. I'm thinking of also applying for Inland Spousal Sponsorship since my fiance is a Canadian citizen (we currently live together in Ontario) but I want to avoid having to pay double the fees. At the same time, I also don't want to risk having my EE application cancelled last minute. What would be my best course of action in this situation?


Extra details below:
My current CRS score is 511.
I applied for EE under CEC in Aug 2023, but my application was "cancelled" due to lack of proper documents submitted. Specifically, my police clearance from Indonesia was insufficient. I received it in Nov 2015 but left for Canada in Dec 2015. That gap in-between was not covered in the police clearance which is why they cancelled my application. That clearance was issued to me in Nov 2015 for my study permit application in Canada.

I can't get another police clearance from Indonesia since I'm not eligible to obtain it. I'm not a citizen of Indonesia and don't reside there so I can't obtain it through online means. Indonesian embassies in Ottawa haven't responded to me in months regarding my inquiries.

I'm going to be including an explanation letter to exempt me from providing a police clearance once I receive my ITA this time but I'm not sure if that will be enough along with attaching evidence of emails to Indonesian embassies. To my knowledge, I can apply for BOWP once I receive my ITA but I don't know if that will get nullified if they cancel my application again, which is something I don't want to risk. I also just found out the requirement is also the same for Inland Spousal Sponsorship.

On the other hand,
My fiancé and I are considered common-law, but we can also go to court to get married if that decreases the likeliness of refusal for PR under Inland Spousal Sponsorship. The only downside that I'm aware of is that it takes much longer to get PR this way, which I'm not really worried about. I just want to be able to continue working here in Canada. If I go this route, do I apply for an OWP the same time as I submit my sponsorship application? I haven't done much research for this route so I tips would be appreciated.

TLDR: PGWP is expiring in June 2024 and I cannot risk leaving Canada as I have nowhere to go home to. Which route would be better: EE or Inland Spousal Sponsorship?

 

[armoured]

On the other hand,
My fiancé and I are considered common-law, but we can also go to court to get married if that decreases the likeliness of refusal for PR under Inland Spousal Sponsorship. The only downside that I'm aware of is that it takes much longer to get PR this way, which I'm not really worried about. I just want to be able to continue working here in Canada.
...
TLDR: PGWP is expiring in June 2024 and I cannot risk leaving Canada as I have nowhere to go home to. Which route would be better: EE or Inland Spousal Sponsorship?

I do not know about the Indonesian police certificate issue. One thing I'd check for is if there are (reliable) firms in Indonesia that can obtain them for you there - in some countries that is the best way. But this is only a guess.

I do not see why you would not apply for both EE and spousal sponsorship, since the situation seems to be critical for you.

Spousal: common law SHOULD be enough, but it may speed somewhat consideration of your file if you get married also (it is easier for them to evaluate marriage certificates than common law). However, getting marriage certificate may take 4-8 weeks in most provinces (possibly more in some others.) Common law evidence is best if solid like lease agreements and well more than the minimum 12 months. [Side note: you could apply common law, show the document you receive upon marriage (signed by the officiant and witnesses), and note that you got married but decided to apply right away and will submit marriage certificate when available. That would usually make the marriage certificate available roughly around the time the AOR is issued, and possibly in time to be evaluated as evidence. That might save time; I don't know for sure.]

Spousal inland apps can be processed quite quickly - it can depend somewhat on nationaltiy and other factors. you can apply for open work permit when AOR is received - I don't know timelines for receiving the OWP, but at least a chance it would be received around the time your current work expires. You would need to 'convert' your PGWP into a vistior visa to take effect when PGWP expires (you must be 'in status' to be eligible for the work permit); my understanding is this should not be too difficult with a submitted spousal sponsorship, but I do not know for certain.

Hope this helps. You can of course go with just the EE but perhaps a backup would be useful.