New Application: Family Class or Common-Law Partner in Canada - which to do?

[Britcan]

Hello
So, with the new package we have to choose between 2 options for my future son-in-law:

Apply under the Family Class if:
the person you want to sponsor lives outside Canada
the person you want to sponsor currently lives with you in Canada but doesn’t plan to stay in Canada while the application is being processed
you plan to appeal if the application is refused.

Apply under the Spouse or Common-Law Partner in Canada Class if the person you want to sponsor:
lives with you in Canada
is eligible to become a permanent resident from within Canada
would like to apply for, and qualifies for, an Open Work Permit so that he or she can work while the application is being processed

Since my future son-in-law won't be able to provide the necessary police check from Indonesia (previously posted about that), do you think he should apply in the Family Class, living in Canada (he doesn't intend to leave during processing), route so that he will have the right to an appeal, or can we go ahead and file under the Common-Law Partner in Canada application which will enable him to get an open work permit? The latter is preferable, but is it too risky not to have the ability to appeal?

 

[Britcan]

Maybe we're being a bit paranoid and should just go for the option with the OWP?

 

[canuck_in_uk]

Since my future son-in-law won't be able to provide the necessary police check from Indonesia (previously posted about that), do you think he should apply in the Family Class, living in Canada (he doesn't intend to leave during processing), route so that he will have the right to an appeal, or can we go ahead and file under the Common-Law Partner in Canada application which will enable him to get an open work permit? The latter is preferable, but is it too risky not to have the ability to appeal?

You guys are really overthinking it. IRCC commonly waives PCC requirements for applicants who show that they tried but were unable to obtain it, so it really isn't a reason to decide to apply one way or the other.

 

[Britcan]

You guys are really overthinking it. IRCC commonly waives PCC requirements for applicants who show that they tried but were unable to obtain it, so it really isn't a reason to decide to apply one way or the other.

Thanks for the reassurance - we just felt because he'd lived there 7 years it could be a real issue. As it happens, the Indonesian embassy emailed today and offered to write a letter explaining why a certificate can't be issued so we'll send that in when requested.
Cheers.