Legal Status in Canada - Inland Spousal Sponsorship | Can my husband just cross the border and come back to reclaim his status?

[sleepysheepie]

My husband is an American citizen, while I am a Canadian citizen by birth. Since July 2022, my husband has been residing in Canada. We have submitted an application for him to become a permanent resident under the spousal in-land class. Initially, we were under the impression that once we submitted the application, my husband would be granted Implied Status and would not need to renew his temporary status. Unfortunately, we made a mistake and his status expired because we did not apply for renewal. At this point, we have applied to restore his temporary residency, but we are aware that this process will take a significant amount of time. My husband is eager to start working, and I am also in need of financial assistance.

I am wondering since he is an American citizen if we could simply drive down to the border and take a day trip to the United States together. Would this allow him to come back to Canada with me, effectively resetting his status? I understand that it is not guaranteed he would be allowed back in, but I am simply curious to know if, in theory, this would reset his status.

Additionally, what kind of status do American visitors have in Canada before applying for a temporary residency extension? If his return to Canada does reset his status, would we be eligible to apply for a work permit once we receive an Acknowledgment of Receipt (AOR)?

I have been unable to find clear answers to these questions, and the Canadian government website does not provide much clarity. However, the website does state that "If your spouse or common-law partner leaves Canada while the application is being processed, there is no guarantee that they'll be allowed to re-enter Canada. This is especially true if they need a visitor visa." However, since my husband does not need a visitor visa and I would be accompanying him, I am not sure if this applies to our situation.

 

[scylla]

My husband is an American citizen, while I am a Canadian citizen by birth. Since July 2022, my husband has been residing in Canada. We have submitted an application for him to become a permanent resident under the spousal in-land class. Initially, we were under the impression that once we submitted the application, my husband would be granted Implied Status and would not need to renew his temporary status. Unfortunately, we made a mistake and his status expired because we did not apply for renewal. At this point, we have applied to restore his temporary residency, but we are aware that this process will take a significant amount of time. My husband is eager to start working, and I am also in need of financial assistance.

I am wondering since he is an American citizen if we could simply drive down to the border and take a day trip to the United States together. Would this allow him to come back to Canada with me, effectively resetting his status? I understand that it is not guaranteed he would be allowed back in, but I am simply curious to know if, in theory, this would reset his status.

Additionally, what kind of status do American visitors have in Canada before applying for a temporary residency extension? If his return to Canada does reset his status, would we be eligible to apply for a work permit once we receive an Acknowledgment of Receipt (AOR)?

I have been unable to find clear answers to these questions, and the Canadian government website does not provide much clarity. However, the website does state that "If your spouse or common-law partner leaves Canada while the application is being processed, there is no guarantee that they'll be allowed to re-enter Canada. This is especially true if they need a visitor visa." However, since my husband does not need a visitor visa and I would be accompanying him, I am not sure if this applies to our situation.

Whether someone is allowed into Canada is always up to CBSA. This applies to all visitors, including Americans. As an American, chances are very high he will be allowed back in without issues. But it's not guaranteed. Assuming he leaves and then re-enters, this will fix his status.

 

[sleepysheepie]

Whether someone is allowed into Canada is always up to CBSA. This applies to all visitors, including Americans. As an American, chances are very high he will be allowed back in without issues. But it's not guaranteed. Assuming he leaves and then re-enters, this will fix his status.

Thank you so much for your response! Would this also make him eligible to apply for a work permit once we receive an AOR?

 

[scylla]

Thank you so much for your response! Would this also make him eligible to apply for a work permit once we receive an AOR?

Yes

 

[canuck78]

My husband is an American citizen, while I am a Canadian citizen by birth. Since July 2022, my husband has been residing in Canada. We have submitted an application for him to become a permanent resident under the spousal in-land class. Initially, we were under the impression that once we submitted the application, my husband would be granted Implied Status and would not need to renew his temporary status. Unfortunately, we made a mistake and his status expired because we did not apply for renewal. At this point, we have applied to restore his temporary residency, but we are aware that this process will take a significant amount of time. My husband is eager to start working, and I am also in need of financial assistance.

I am wondering since he is an American citizen if we could simply drive down to the border and take a day trip to the United States together. Would this allow him to come back to Canada with me, effectively resetting his status? I understand that it is not guaranteed he would be allowed back in, but I am simply curious to know if, in theory, this would reset his status.

Additionally, what kind of status do American visitors have in Canada before applying for a temporary residency extension? If his return to Canada does reset his status, would we be eligible to apply for a work permit once we receive an Acknowledgment of Receipt (AOR)?

I have been unable to find clear answers to these questions, and the Canadian government website does not provide much clarity. However, the website does state that "If your spouse or common-law partner leaves Canada while the application is being processed, there is no guarantee that they'll be allowed to re-enter Canada. This is especially true if they need a visitor visa." However, since my husband does not need a visitor visa and I would be accompanying him, I am not sure if this applies to our situation.

My husband is an American citizen, while I am a Canadian citizen by birth. Since July 2022, my husband has been residing in Canada. We have submitted an application for him to become a permanent resident under the spousal in-land class. Initially, we were under the impression that once we submitted the application, my husband would be granted Implied Status and would not need to renew his temporary status. Unfortunately, we made a mistake and his status expired because we did not apply for renewal. At this point, we have applied to restore his temporary residency, but we are aware that this process will take a significant amount of time. My husband is eager to start working, and I am also in need of financial assistance.

I am wondering since he is an American citizen if we could simply drive down to the border and take a day trip to the United States together. Would this allow him to come back to Canada with me, effectively resetting his status? I understand that it is not guaranteed he would be allowed back in, but I am simply curious to know if, in theory, this would reset his status.

Additionally, what kind of status do American visitors have in Canada before applying for a temporary residency extension? If his return to Canada does reset his status, would we be eligible to apply for a work permit once we receive an Acknowledgment of Receipt (AOR)?

I have been unable to find clear answers to these questions, and the Canadian government website does not provide much clarity. However, the website does state that "If your spouse or common-law partner leaves Canada while the application is being processed, there is no guarantee that they'll be allowed to re-enter Canada. This is especially true if they need a visitor visa." However, since my husband does not need a visitor visa and I would be accompanying him, I am not sure if this applies to our situation.

If he was able to visit for 6 month he is way over the period to be able restore his status. Given his overstay for around a year and assume lack of ties to the US like employment and home plus your lack of funds he may face difficulties entering. When did you apply for sponsorship? Has he done his medical yet?

 

[Kananaskis]

My husband is an American citizen, while I am a Canadian citizen by birth. Since July 2022, my husband has been residing in Canada. We have submitted an application for him to become a permanent resident under the spousal in-land class. Initially, we were under the impression that once we submitted the application, my husband would be granted Implied Status and would not need to renew his temporary status. Unfortunately, we made a mistake and his status expired because we did not apply for renewal. At this point, we have applied to restore his temporary residency, but we are aware that this process will take a significant amount of time. My husband is eager to start working, and I am also in need of financial assistance.

I am wondering since he is an American citizen if we could simply drive down to the border and take a day trip to the United States together. Would this allow him to come back to Canada with me, effectively resetting his status? I understand that it is not guaranteed he would be allowed back in, but I am simply curious to know if, in theory, this would reset his status.

Additionally, what kind of status do American visitors have in Canada before applying for a temporary residency extension? If his return to Canada does reset his status, would we be eligible to apply for a work permit once we receive an Acknowledgment of Receipt (AOR)?

I have been unable to find clear answers to these questions, and the Canadian government website does not provide much clarity. However, the website does state that "If your spouse or common-law partner leaves Canada while the application is being processed, there is no guarantee that they'll be allowed to re-enter Canada. This is especially true if they need a visitor visa." However, since my husband does not need a visitor visa and I would be accompanying him, I am not sure if this applies to our situation.

That's called flagpooling. A lot of people do it in order to get a quick answer, but it's not a guarantee they will accept it. It's up to the CBSA officer at the border.
If they don't accept re-entry, then chances are your application will be returned and you would have to apply for an outland application.
I will also state that, to get a work permit or renew one is taking 4 to 6 months currently.

 

[sleepysheepie]

If he was able to visit for 6 month he is way over the period to be able restore his status. Given his overstay for around a year and assume lack of ties to the US like employment and home plus your lack of funds he may face difficulties entering. When did you apply for sponsorship? Has he done his medical yet?

He had legal status until September. When he first came to Canada, he stayed for the initial six months before applying for a temporary resident extension. However, it took them until March to grant the extension, which gave us until September. So in total, he was only out of status for approximately 44 days before we applied for a restoration of status.

We submitted our sponsorship application two days after applying for restoration. However, we have not yet completed our medical examination or received an Acknowledgment of Receipt (AOR).

In terms of our financial situation, I have sufficient funds and I am also stably employed with medical benefits that cover my husband. However, considering the high cost of living, I am uncertain about how long I can continue to be the sole income provider. Additionally, my husband is understandably wanting to work as he has been unemployed for over a year.

 

[sleepysheepie]

That's called flagpooling. A lot of people do it in order to get a quick answer, but it's not a guarantee they will accept it. It's up to the CBSA officer at the border.
If they don't accept re-entry, then chances are your application will be returned and you would have to apply for an outland application.
I will also state that, to get a work permit or renew one is taking 4 to 6 months currently.

This a common thing?! Thank you for providing a term for it! I couldn't find any information on it before.
The waiting period for work permits is why we're considering this. If we wait for the restoration of status and then apply for the work permit, he may already have permanent residency by the time both are approved.

 

[scylla]

This a common thing?! Thank you for providing a term for it! I couldn't find any information on it before.
The waiting period for work permits is why we're considering this. If we wait for the restoration of status and then apply for the work permit, he may already have permanent residency by the time both are approved.

It's common but generally only recommended for those who are in status in Canada.

I didn't realize you were considering flagpoling. I though your husband was going to return to the US for a number of days / few weeks before returning. Since he's out of status, I'm not sure flagpoling is a good idea. I can't recommend that.

 

[sleepysheepie]

It's common but generally only recommended for those who are in status in Canada.

I didn't realize you were considering flagpoling. I though your husband was going to return to the US for a number of days / few weeks before returning. Since he's out of status, I'm not sure flagpoling is a good idea. I can't recommend that.

I see. So if he went home for a month would it be a better option?

 

[Kananaskis]

This a common thing?! Thank you for providing a term for it! I couldn't find any information on it before.
The waiting period for work permits is why we're considering this. If we wait for the restoration of status and then apply for the work permit, he may already have permanent residency by the time both are approved.

I have to agree with scylla, I wouldn't recommend this as he is out of status. Usually people do it before their status is about to expire in order to avoid these situations.
In all honesty if you applied inland, there's a good chance your process will be done before you can get the work permit anyway. Inland processes are taking between 5 to 8 months on average, with some taking even less.
The biggest issue is that he is out of status and once IRCC gets ahold of your file, they have to inform CBSA about that situation, and CBSA might start the Removal Process depending on what step your application is in.
On the other hand if he goes home, there is a chance they will return your application and ask you to apply under Outland instead of Inland Spousal.
So it's a tricky situation.
If your restoration of status was applied in less than 90 days of the validity of his status, you guys are still in good terms. Outside of that range is a problem.
I would suggest getting an opinion from an immigration lawyer.

 

[YVR123]

I have to agree with scylla, I wouldn't recommend this as he is out of status. Usually people do it before their status is about to expire in order to avoid these situations.
In all honesty if you applied inland, there's a good chance your process will be done before you can get the work permit anyway. Inland processes are taking between 5 to 8 months on average, with some taking even less.
The biggest issue is that he is out of status and once IRCC gets ahold of your file, they have to inform CBSA about that situation, and CBSA might start the Removal Process depending on what step your application is in.
On the other hand if he goes home, there is a chance they will return your application and ask you to apply under Outland instead of Inland Spousal.
So it's a tricky situation.
If your restoration of status was applied in less than 90 days of the validity of his status, you guys are still in good terms. Outside of that range is a problem.
I would suggest getting an opinion from an immigration lawyer.

One factor though is the PA is an American citizen. So the trip to leave and stay in US for a month or so and return may not bare the same risk as someone holding a passport with TRV to re-enter.

Not saying 100% PA will be allowed or will be refused. But it needs to be considered as well too.

 

[Ponga]

Another option is...to do nothing. His lack of legal status will not disqualify him from being eligible for spousal sponsorship under the SCPLC [Inland] process, because of a Public Policy that has been in place for years, but only an Inland applicant benefits for this waiver.

If you weigh the issue of simply getting an OWP sooner, is it worth the risk of him being denied entry? And, if you answer yes, is it worth the risk of the sponsorship application getting tossed in the trash, since he would no longer be eligible because he would not be living with you in Canada?

Can he work remotely (via the internet or telephone) for a person, company or entity that is outside of Canada? If so, that would not require a work permit.

Some here believe that an American application is processed quicker for a number of reasons, but it still takes time...that seems to move at a snail's pace.

Good luck!

 

[Lili611]

As your husband is lack-of-status, I don't recommend to deal with CBSA officers unless you have to do so. Being lack-of-status doesn't disqualifies you for spousal sponsorship (policy public).
Or you can wait until he gets eligibility passed (Approval in Principle) to apply for his OWP, but from my watch, it will be a long time to process. Some people may even get PR while no movement from OWP application.

 

[ree14]

As your husband is lack-of-status, I don't recommend to deal with CBSA officers unless you have to do so. Being lack-of-status doesn't disqualifies you for spousal sponsorship (policy public).
Or you can wait until he gets eligibility passed (Approval in Principle) to apply for his OWP, but from my watch, it will be a long time to process. Some people may even get PR while no movement from OWP application.

I am sponsoring my spouse for PR inland and he is out of status currently, we just received approval in principle today. Does this mean he can apply for an OWP? Is he allowed to work while waiting on a decision? We are also in the process of applying for restoration of status as it is still within the 90 day period allowed for restoration. Just wondering if there would be any issue if we apply for OWP and avoid the restoration? Or if we should apply for both and wait.