Common Law PR Question - Work Visa Expiring

[YamchaGOAT]

To provide context, my partner and I are planning to marry in the fall, and we have already secured our wedding venue. I am a Canadian Citizen while she is on a work visa. However, her current work visa is set to expire at the end of June. We have been cohabitating since December 2021 and have resided in two different locations during this time. She has been in Canada for high school and completed a Bachelor's degree at a Canadian university, and has been working full-time in a professional setting for several years now.

While we have been diligently gathering documentation for the common law PR application, there are a few items that we have unfortunately overlooked until now. Notably:

1. Driver's License: My driver's license still bears my parents' address. Although I have initiated the process to update this information, there may be delays, and the issue date on the new license could pose validity concerns.
2. Utility Bills: We have utility bills in both our names, serving as evidence of shared residence.
3. Lease: We have 2 leases signed from Dec 2021 to present.
4. Internet Bill: I am responsible for paying the internet bill, which is addressed to our current residence.
5. Car Insurance: I am listed on my partner's car insurance policy.
6. Beneficiary Designation: My partner has designated me as a beneficiary for certain financial accounts.
7. Banking Arrangement: While we do not have a joint bank account, we contribute monthly to a my individual bank account from which we pay our bills via e-transfer.
8. Letters of Proof: We can request letters from friends and family that our common law relationship is real and valid. We also have emails from our landlord for rent and taxes.
9. Social Media: We have lots of photos together as well as photos of our living arrangement since Dec 2021.

Considering these circumstances, I am seeking clarification on several points to better understand our situation:

We are hoping to get our common law status notarized and submit the PR application by end of April. Currently, average processing time for this is 47 days, which means we'll receive an official decision by end of June.

1. Worst-Case Scenarios: If my partner's PR application is rejected by the end of June, what are the potential implications for our upcoming marriage in the fall? Will she be allowed to stay in the country until the wedding at least?
2. Residency Status: Would a rejected PR application necessitate my partner leaving the country immediately, or would there be any provisions allowing her to remain temporarily? Could we provide detail that we have a wedding planned a year in advance?
3. Alternatives to Marriage Date: Given the timeline constraints, are there any viable alternatives to expedite her PR status other than advancing our wedding date?

 

[Ponga]

To provide context, my partner and I are planning to marry in the fall, and we have already secured our wedding venue. I am a Canadian Citizen while she is on a work visa. However, her current work visa is set to expire at the end of June. We have been cohabitating since December 2021 and have resided in two different locations during this time. She has been in Canada for high school and completed a Bachelor's degree at a Canadian university, and has been working full-time in a professional setting for several years now.

While we have been diligently gathering documentation for the common law PR application, there are a few items that we have unfortunately overlooked until now. Notably:

1. Driver's License: My driver's license still bears my parents' address. Although I have initiated the process to update this information, there may be delays, and the issue date on the new license could pose validity concerns.
2. Utility Bills: We have utility bills in both our names, serving as evidence of shared residence.
3. Lease: We have 2 leases signed from Dec 2021 to present.
4. Internet Bill: I am responsible for paying the internet bill, which is addressed to our current residence.
5. Car Insurance: I am listed on my partner's car insurance policy.
6. Beneficiary Designation: My partner has designated me as a beneficiary for certain financial accounts.
7. Banking Arrangement: While we do not have a joint bank account, we contribute monthly to a my individual bank account from which we pay our bills via e-transfer.
8. Letters of Proof: We can request letters from friends and family that our common law relationship is real and valid. We also have emails from our landlord for rent and taxes.
9. Social Media: We have lots of photos together as well as photos of our living arrangement since Dec 2021.

Considering these circumstances, I am seeking clarification on several points to better understand our situation:

We are hoping to get our common law status notarized and submit the PR application by end of April. Currently, average processing time for this is 47 days, which means we'll receive an official decision by end of June.

1. Worst-Case Scenarios: If my partner's PR application is rejected by the end of June, what are the potential implications for our upcoming marriage in the fall? Will she be allowed to stay in the country until the wedding at least?
2. Residency Status: Would a rejected PR application necessitate my partner leaving the country immediately, or would there be any provisions allowing her to remain temporarily? Could we provide detail that we have a wedding planned a year in advance?
3. Alternatives to Marriage Date: Given the timeline constraints, are there any viable alternatives to expedite her PR status other than advancing our wedding date?

Can her current WP be extended? If not...

Unfortunately, the rules changed regarding the eligibility for an OWP changed a couple of years ago. In the past, a person applying for Spousal Sponsorship could include the OWP (as a separate application) which would give the person `Implied Status' (now Maintained Status). There was no need to extend any valid visa. Now, the OWP is only available after receiving the all important AOR email.

Since she only has until the end of June to adjust her status, that's likely not enough time to submit the SCPLC application and receive the AOR.

My suggestion is that you still work hard to submit the SCPLC application ASAP. If you have not received the AOR by mid-June, then she should apply to extend her stay as a visitor. She can apply a day before it expires and would be covered under Maintained Status, unless it is returned because of an error, or refused.

Your plan appears to be solid. I can say that the answer to question #3, is no. Because she qualifies right now (today) as your common-law partner, marriage would have no impact of expediting the process, considering the delay that would be involved by waiting until after you are married.

Good luck!

 

[scylla]

To provide context, my partner and I are planning to marry in the fall, and we have already secured our wedding venue. I am a Canadian Citizen while she is on a work visa. However, her current work visa is set to expire at the end of June. We have been cohabitating since December 2021 and have resided in two different locations during this time. She has been in Canada for high school and completed a Bachelor's degree at a Canadian university, and has been working full-time in a professional setting for several years now.

While we have been diligently gathering documentation for the common law PR application, there are a few items that we have unfortunately overlooked until now. Notably:

1. Driver's License: My driver's license still bears my parents' address. Although I have initiated the process to update this information, there may be delays, and the issue date on the new license could pose validity concerns.
2. Utility Bills: We have utility bills in both our names, serving as evidence of shared residence.
3. Lease: We have 2 leases signed from Dec 2021 to present.
4. Internet Bill: I am responsible for paying the internet bill, which is addressed to our current residence.
5. Car Insurance: I am listed on my partner's car insurance policy.
6. Beneficiary Designation: My partner has designated me as a beneficiary for certain financial accounts.
7. Banking Arrangement: While we do not have a joint bank account, we contribute monthly to a my individual bank account from which we pay our bills via e-transfer.
8. Letters of Proof: We can request letters from friends and family that our common law relationship is real and valid. We also have emails from our landlord for rent and taxes.
9. Social Media: We have lots of photos together as well as photos of our living arrangement since Dec 2021.

Considering these circumstances, I am seeking clarification on several points to better understand our situation:

We are hoping to get our common law status notarized and submit the PR application by end of April. Currently, average processing time for this is 47 days, which means we'll receive an official decision by end of June.

1. Worst-Case Scenarios: If my partner's PR application is rejected by the end of June, what are the potential implications for our upcoming marriage in the fall? Will she be allowed to stay in the country until the wedding at least?
2. Residency Status: Would a rejected PR application necessitate my partner leaving the country immediately, or would there be any provisions allowing her to remain temporarily? Could we provide detail that we have a wedding planned a year in advance?
3. Alternatives to Marriage Date: Given the timeline constraints, are there any viable alternatives to expedite her PR status other than advancing our wedding date?

You have some misconceptions about how the process works.

Processing time is not 47 days. That's for the PR card once the PR application is approved. Approximate processing time for the PR application is around 8-10 months. You definitely will not have a decision by end of June.

As said above, you are short on time to submit the application and get AOR so that your partner can apply for an open work permit. I would try to get the common law application in ASAP and not wait until end of month. If your partner gets AOR before the work permit expires, your partner can submit an OWP application and continue working. If not, your partner will need to apply to change status to visitor before the work permit expires. Your partner will be able to remain in Canada after the work permit expires but of course won't be able to work.

 

[armoured]

Considering these circumstances, I am seeking clarification on several points to better understand our situation:

We are hoping to get our common law status notarized and submit the PR application by end of April.

No such step as getting common law status 'notarized' exists or is meaningful. Forget about this nonsense.

In your case, the proofs sound pretty good overall, and you are letting the perfect be the enemy of the good. At this point, anything you do not have nor can get within the, say, week it might take you to finalize the forms and etc is not worth it (going from the list of things you have above - sounds to me like. you don't need eg lots of extra letters from friends and relatives).

Stop dithering and get your common law sponsorship application in ASAP. I'd say something a bit stronger involving a pot, but I'll fall back on another more polite expression: fish or cut bait.

 

[Ponga]

No such step as getting common law status 'notarized' exists or is meaningful. Forget about this nonsense.

Suspect the OP is referring to the IMM 5409:
Statutory Declaration of Common-law Union.

 

[armoured]

Suspect the OP is referring to the IMM 5409:
Statutory Declaration of Common-law Union.

Unnecessary, forget this nonsense. They do not require this form, and as far as I'm aware, they don't even ask for it. A waste of time and money.

Editadd: notice, however, UNLESS they specifically ask for it. Just because a form exists doesn't mean they require it. There may be cases where it is, but don't invent things to do if they don't specifically request/require it.