Maintaining Legal Status

[teamgeorge]

I have recently applied for P.R. from within Canada as Common-law partner of a Canadian Citizen. I still have legal status being on my visitors visa. CIC website recommends not leaving the country while my application is in process but I read into that to mean because eventually my visitors visa will have finished and when I re-enter they will believe I overstayed. (It is not required to maintain legal status when applying from within Canada under this category). If I left within the time constraints of my visitors visa and returned, having all the requirements to re-enter (namely a ticket out again)...would this affect my P.R. application?

Also am I able to visit the USA while it is processing, if I have maintained legal status... and what I most want to know - what are the requirements to re-enter Canada via vehicle if you are a Visitor to Canada?? Do I need proof of a plane ticket to my home country? Or just proof of valid visitors status in Canada?

Another Question; second most importantly, I was informed that after approx 9 months (all going well) I would be granted an open work permit  in Canada...
Question 1: is this an automatic process or do I need to apply for this?
Question 2: does that allow me to leave Canada and re-enter?

Lastly and MOST importantly - My partner has opportunities to work internationally for a month or so at a time. If he maintained his address here with me as his base. Would his coming and going from Canada affect my application?

Phew that is a lot of questions! I am hoping that someone out there in their infinite wisdom has the answers and I thank them in advance for their time.

[Leon]

It is a requirement for inland that you are in Canada.  If you leave, even on a short trip and for some reason are refused entry to come back, your application is gone.

Instead of leaving and coming back, you can extend your visitor status by applying for it, see http://www.cic.gc.ca/english/visit/extend-stay.asp

As long as you apply before your status expires, you would be under implied status and allowed to stay even if you haven't received an answer yet at the time of expiry.

The processing time for first stage approval is now 11-12 months on average, see http://www.cic.gc.ca/english/information/times/perm-fc.asp

At the time of your first stage approval, you will be granted an open work permit if you have applied for one.  If you didn't apply with your sponsorship package, you will have to wait until you have your first stage approval.  You can also use the form to extend your status to apply for your open work permit when that time comes or you can apply online.  You can find the form here:  http://www.cic.gc.ca/english/information/applications/visitor.asp

Even with a first stage approval and a work permit, it is still a requirement that you reside in Canada so again, if you leave and for some reason aren't allowed back in, you would lose your application.

Your partner leaving Canada should not affect your application.  He is not moving to another country, just going away on business for a month here and there.

[teamgeorge]

That was very helpful! Thank you very much

[teamgeorge]

Sorry - just to confirm...I must fill out the form provided in the link above (application to change conditions) for an 'initial work permit' and include that in my P.R. application to insure an open work permit is issues after first stage approval?
Then before my visitors visa expires use that same form again to apply for an extension of visitors status?

I really want to do this properly

[Leon]

If you haven't sent your PR application yet, you might want to re-consider and apply outland instead of inland.  There is no open work permit for that but the processing time is usually much faster.  You might have your PR before you have first stage approval with inland.  It depends on where you come from though.  You can see processing times for 80% of cases here: http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp so the 50% are even faster but you also have to add about 2 months to approve sponsor before your file would go to your visa office.

If you really want to apply inland, you can send your visit visa extension and your request for open work permit all together with your sponsorship package.  That way it is all tied together.

[teamgeorge]

Thank you Leon!