ascouple said:
There are so many different avenues to obtaining the PR that we are confused as to which one to take. Since we have lived together for 1.5 years, are we automatically common law? If we are - should we look into inland sponsorship? Sponsoring from the States? Using Canadian Experience Class?
Avoid Inland - she isn't out of status and by the time she qualifies for that open work permit she could have PR via Outland spousal.
In fact, in her specific situation I'd recommend CEC (assuming she qualifies). That's because once CPC-S send her the AOR (typically ~2 months) she is then eligible for the "bridging open work permit" (BOWP) once she is within 4 months of her existing permit expiring. The time to process CEC is fairly predictable as well (about 13 months total). She's free to enter and leave Canada if needed and her re-entry into Canada isn't really likely to be refused nor is her PR application automatically jeopardized should the unlikely happen.
Plus, she ends up with full PR, not a conditional PR that would arise for her via the partner sponsorship class.
ascouple said:
We are leaning towards sponsoring inland, but the waiting time for me to be approved (step 1) is currently 11 months, and from what I understand she would not be able to work from the date of the work permit expiry (November 2014) and the day I'm approved (est. June 2015). Is this correct?
Again, I strongly recommend against Inland in her case. You might think she MUST apply via this route because she is in Canada, but in fact that is not the case - if you want to sponsor, she should do Outland. She can remain in Canada but must maintain legal status. In November 2014 her work permit would expire and she would either need to qualify for a new one or stop working - she could ask to switch to visitor status (for example).
Options also depend upon the current status of her existing work permit. Other options might be possible if the job is NAFTA qualifying - US citizen's can just get a work permit with a qualifying job offer in certain job categories.
But with her work permit expiring in November, I'd suggest trying to get a CEC application submitted in August. Once Sydney signs off on the initial stage of her CEC application she can get that BOWP and continue working while they process the paperwork.
ascouple said:
If we were to apply for sponsorship from outside of Canada, the processing time is 55 days, but the processing time for step 2 is 30 months (NY) or 15 months (Ottawa). Would she be eligible to continue to live and work in Canada after step 1 is approved?
CPC-O is the visa office for US applications (and this is clearly shown on the CIC website). The times for NYC and LA relate to applications that are sent to them from CPC-O - which means there are complex issues, such as interview requirements, ARCs, TRPs, etc. CPC-O has a median time of ~8 months last I looked (the published time is 80%, not 50%).
She can be in Canada while the application goes through Ottawa (which is a visa office outside Canada), but she needs to maintain legal status.
Good luck!
