US Citizen: Extending Visitor+Common-Law PR Sponsor

[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).

 

[Jalex23]

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.

You can. The problem is that you don't have an AOR.... so basically there is no way for CIC to know you are actually going to file for sponsorship... I mean you already had a month and seems that you didn't prepare properly.... keep pushing for more time when you knew on your entry you were expected to file for PR in less than a month.... why did the officer only give you one month? A little tough to prove you are taking things seriously.

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

Yes

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.

Have you actually done your research on how to file for sponsorship? Seems you haven't.... you should already know all these answers.

You are not eligible to file for an OWP.

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).

This is specified in the checklist...

Please do as much as you can on your own before asking questions. Start here:
http://www.cic.gc.ca/english/immigrate/eligibility.asp

Then if you have specific questions we can help you with them.

 

[canuck_in_uk]

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.

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).

1. Yes. Include the PR fee receipt and proof of sufficient finances. You can apply up until the day before your status expires.

3. DON'T apply inland. Outland American apps are averaging around 8 months right now, compared to over 2 years for an inland app. You can be in Canada while the outland app is processed. There is no online option to apply for PR. You really need to start actually researching this process. Outland app package: www.cic.gc.ca/english/information/applications/fc.asp.

You don't "declare" common-law; you are common-law once you have lived together continuously for a year. I believe the Stat Dec of Common-law is required for the visitor extension, so you would need to include that.

You are not eligible to file for an OWP.

Anyone applying inland can and should submit an OWP app along with the PR app. Previously, the OWP was granted after AIP. In December, CIC initiated a pilot program to grant OWPs prior to AIP. http://www.cic.gc.ca/english/resources/tools/updates/2014/2014-12-22.asp

 

[kaosezmu]

I'm not an idiot. Just lots of info I'm trying to get straight here!

But first, I believe you are wrong about the Open Work Permit (OWP)... it is now allowed for INLAND common-law sponsorship after stage 1 is complete. But since processing times for INLAND take so long, someone else kindly recommended in the "Family Class Sponsorship" thread that I go with OUTLAND because the entire process is completed faster. And we will be going paper with that. I will, however, be submitting my request to extend my visitor status via the online process.

Secondly, as I said in my initial post, I was issued a 1-month stay when my partner and I came back from vacation. This happened last weekend, hence 1 month = April 20. I was informed by the IO at the airport that if we're common-law then I need to change my status if I wish to continue coming to Canada because he told me I can't anymore as a 'visitor.'

So, yes...we have just this month to prepare. And yeah, it's rushed, not ideal, etc. And documents aren't ready because we just got back three days ago on Saturday (and I believe first order of business is extending my visitor stay, which I would've had to do eventually since US citizens get 6 months only, but this time it got shortened it to 1 month by the IO). I'm just trying to move forward with the time-frame we're unexpectedly dealt with since we do want to continue living together in Canada. This process is new to me, so suggestions or information links are helpful.

As for AOR (acknowledgement of receipt), my partner thinks citing common-law and attaching a letter of explanation will be enough. If you or other people think it would be very useful to include, then we can just pay for the application fee online upfront to get the receipt immediately. It doesn't matter if we wait to pay later or now since the AOR is something we have to include in our sponsorship/PR application anyways.

Basically, I'm being a worrywart as I'm wondering if citing common-law enough? Do I need to include a statuary declaration (someone else already said that it's not need for the extension request). OR do I need to prove that I need the extension to process my common-law sponsorship with that AOR or is that all clearly implied enough by checking common-law. Anyhow, just to be safe...I think we will get the AOR and include it.

I apologize if my questions sound redundant. I just want to clarify and make sure I get things as right as possible. This forum has been useful for confirming information, learning new things, and hopefully a place of support (the process can be frustrating with all the paperwork).

 

[kaosezmu]

1. Yes. Include the PR fee receipt and proof of sufficient finances. You can apply up until the day before your status expires.

3. DON'T apply inland. Outland American apps are averaging around 8 months right now, compared to over 2 years for an inland app. You can be in Canada while the outland app is processed. There is no online option to apply for PR. You really need to start actually researching this process.

You don't "declare" common-law; you are common-law once you have lived together continuously for a year. I believe the Stat Dec of Common-law is required for the visitor extension, so you would need to include that.

Perfect. That was pretty much what I eventually concluded. To include as much proof as possible.

And yes, totally going with outland app. We just downloaded and organized all the stuff needed for the outland app now that my extension app is more or less figured out.

Thanks!

 

[Jalex23]

Anyone applying inland can and should submit an OWP app along with the PR app. Previously, the OWP was granted after AIP. In December, CIC initiated a pilot program to grant OWPs prior to AIP. http://www.cic.gc.ca/english/resources/tools/updates/2014/2014-12-22.asp

Thanks Canuck, wasn't aware of this new rule.