Sending App for PR from WITHIN Canada – Common law with Open WP extension form

[bretticles]

Hi guys,

Great website, with great help! Thanks in advance.

I am shortly sending off my 'Application for Permanent Residence from within Canada – Spouse or Common-law Partner in Canada class (IMM 5289)' and have had conflicting reports on whether I can send the 'Application to Change Conditions or Extend Your Stay in Canada as a Worker' forms in the same envelope.

It goes to the same address for INLAND applications:

CPC Vegreville
6212-55th Avenue
Vegreville, AB
T9C 1W5

I am currently in Vancouver on my Bunac open work permit, and am led to believe I can apply to extend this open work permit at the same time I apply for PR. Then I will be on 'IMPLIED STATUS' up until they find the results of the first phase of my PR application, estimated round about 7 months onwards, and then I will be granted the open work permit. up until they find the results of my final stage which is anywhere from 12-18 months when then possibly granted PR.

Also, if I can then send off the two applications together, do I have to attach the 'Statutory Declaration of Common-Law Union [IMM 5409] (PDF, 97 KB).' I am sending all the proof of common law status for the PR application ie tenancy agreements/joint bills/photos etc, so isn't that form then redundant? It has to be signed by a commissioner of oaths, which costs money and time, and I want to get this off very soon.

Lastly, can I wait and send the medical exam at a later date. If i am able to work on 'Implied Status' on my current jobs, then the extra time it takes is irrelevant for me. I don't want to have to pay for two medical exams (they are only valid for 12 months - and the process could taken 18 months total) if there is no need to. So can I wait and do this later does anybody know?

Once again. many thanks. There must be someone out there scratching their heads a little!

 

[Ryathe]

UP.

I'd be very interested in hearing answers to your questions as well.

I'm in a similar situation, still trying to figure out if it's possible to work while being on the implied status or not. When I called twice the immigration they told me that YES, while being still on my WHV I can send the sponsorship app together with the OWP app and I can continue working while waiting for the reply. But after reading threads on this forum I don't know if it's really possible (I mean working while waiting for OWP). :

 

[bbiery]

You can work on implied status, so as long as they don't process your app you are fine. The moment you get a refusal or they accidentally process it you would have 90 days to restore status as visitor.

Also send in the statutory declaration of common law, they requested mine later and I am sure it delayed my app.

 

[bretticles]

Hey,

Ryathe: I know that feeling! ???

Seems to me it should be aa easier process to find such information, then searching the ends of the internet for conflicting reports. I had conflisting reports from arios immigration lawyers too. Seems nobody really knows. To make matters worse my job is now on my back as they don't understand the situation!

Bbiery: I sent the OWP and PR sponsor package together with "process at first stage of approval' or words to that effect, scrawled at the top of the OWP application form. So hopefully that works!

I didn't send the statutory declaration of common law form though, as read on this website (not the forum but the actual legal advice)not to include it if I didn't have a co-signer who was my common law partner. Which doesn't make sense. How can my common law partner, who is my sponsor, have a common law partner who co-signs? I think that refers to if your sponsor is anybody but your common law partner, and whether the co signer was that persons common law partner!

Anyway

Good luck to both of you.