My boyfriend is out of status and Im PR and we have a 1 month old baby. How can we fix his immigration status? thanks

[Danix]

Hi everyone. I have a question and I hope someone out here can help us

So my boyfriend applied for restoration of his visitors visa (he is from Mexico) and we just received the refusal mail from the IRCC today. His visitors visa expired last December and he just applied for restoration last February (within the 90 days). We were about to go home to his home country last January because I was pregnant and I was waiting for my PR that time, I lost hope that I will receive it by this year thats why he didnt apply for extension of his visa but plans changed when I received my Permanent Residency last February thats why he applied for the restoration right away. And now we have a 1 month old baby. Is there any way we can fix his immigration status? were planning to get married so i can sponsor him. Or is there any other way?
Thank you.

 

[binnareyn]

If his extension was rejected, he will have to leave the country, apply for PR from outside the country.

 

[Danix]

Can we get married then apply for his Pr? how long we need to wait for the processing of his Pr? we have a baby and she's just one month old I cannot do this alone without him

 

[forevermore76]

Can we get married then apply for his Pr? how long we need to wait for the processing of his Pr? we have a baby and she's just one month old I cannot do this alone without him

You can get married while he's out of status but he will still have to leave the country while sponsorship is in progress. Marriage really has zero impact on immigration applications in Canada.

I'm not entirely sure if you can sponsor while he's out of status but I think it's doable. You should know that the sponsorship could take months though.

I think you need to do some deep research or get an immigration consultant/attorney or something.

Start here:
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children.html

This is the manual which agent would refer to while processing your application.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/legality.html

 

[scylla]

Can we get married then apply for his Pr? how long we need to wait for the processing of his Pr? we have a baby and she's just one month old I cannot do this alone without him

We would need to know how and when you got your PR status and also whether you have lived with your boyfriend.

 

[Ponga]

If his extension was rejected, he will have to leave the country, apply for PR from outside the country.

But unless he is deemed to be `Removal Ready', why can he not submit an Inland Spousal Sponsorship application after getting married?
Inland applicants do not need legal status under the Public Policy.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/immigration-refugee-protection-act-spousal-policy.html

 

[canuck78]

Hopefully you hadn’t lived with your boyfriend for a year before you got PR.