I'm surprised tonight by some of the advice that's being given in this forum - I'm reading information that is absolutely inaccurate on several threads! We need a moderator.
You currently have a valid study permit - if you apply inland and you submit the inland PR application and an
application to change conditions/extend your status (your study permit) so that both are received by CPC-Vegreville
before your study permit expires, you will be under implied status to continue school until you get a new temporary status document after first stage approval (9-10 months after you submit the application). If you submit the extension with the "work permit" option checked - and pay that fee (instead of the SP fee) you will still be able to continue studying until first stage approval, and then after that they will issue you an open work permit. There are drawbacks, though, to an inland PR application that you should be aware of. First, there is no right of appeal. If you're refused, you have to leave Canada as soon as your temporary status expires. Second, you're pretty much stuck in Canada for the duration of the process when you apply inland because, if you leave and they don't let you back in, you forfeit the inland ap. In addition, if you leave during the 9-10 months that you are under "implied status", it goes away. Third, the processing time for inland is a lot longer than outland - 12-18 months overall as opposed to Buffalo, who is finalizing spousal/common-law aps within 11 months. If you apply outland, you can't continue your studies, but you could apply to extend your status as a visitor based on the relationship and the PR ap in process. You'll want to make sure you get your extension application submitted before your SP expires (track the mailing and get delivery confirmation so you have proof of your right to remain in Canada under implied status until you hear back from them - about 100 days or so). Be sure you submit proof that you are being sponsored by your c/l partner and that he has employment that enables him to support you while you wait. Having valid temporary status is what allows you to remain in Canada, even when you're applying outland. After you get PR, you can work without a permit, so an OWP is not necessary. Either way - inland or outland - you won't get authorization to work for about the same amount of time and it's preferable to get your PR and be able to work than to get a temporary OWP and still have to wait another 3-8 months for PR inland.
All that said, I really don't think you'll be ready to submit an application by the time your SP is due to expire anyway. Judging from what you said in your thread about not even knowing where to submit the outland application package, you've not even begun to pull all the paperwork together - and it's extensive. And then there's the medical exam and the FBI clearance you have to get . . . so to put all that together for an inland ap and get it to them before your SP expires will be a huge undertaking. If you apply outland, you give yourself a little bit of a break. You can pay the PR application fees ahead of time ($75 sponsor fee and $475 applicant fee must be paid in advance of submitting the ap, you can pay the $490 RPRF later on in the process) and send a
copy of the PR application fees receipt with the extension application. Explain as your reason for wanting to stay that your c/l partner is submitting an application to sponsor you and that you've included a copy of the fee payment as proof. That will buy you a little bit more time because you can pay the fees as far in advance of submitting a PR ap as you want to - with the extension ap and an outland ap, you only have to show that you've paid the fees. If you apply inland, you've got to include the
whole inland PR package with the extension ap. Hope that makes sense.
Now, for the application: whether you ultimately apply inland or outland, remember that you have two "burdens of proof" with a common-law ap. You must submit evidence that you actually qualify as common-law partners (one year of continuous co-habitation proved by lease agreements, utility bills, official notices mailed to the same address, drivers' licences at the same address, etc), AND you must provide proof in support of your "genuine relationship" - meaning that the relationship is not just about you staying in Canada. This comes in the form of letters, emails, letters from friends/family supporting you as a couple, photos of you together, etc. I say this because you mentioned in your thread that you have lots of support for doing this from friends and family and, as nice as that is, it's not what makes the grade with CIC. Read through Sections 5.34-5.35 of the
OP2 Processing Manual for info on what evidences to submit to support your common-law qualification and read the chart in Section 5.26 for some ideas on evidence to support your "genuine relationship".
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