Out of Status and Inland Sponsorship application

[dtm]

Hi,
I wondering if you anyone can assist me. I have a friend who is out of status in Canada (originally came on a work permit) but is in a common law relationship for over three years and they have a kid together. His wife wants to file for his PR but the out of status part is confusing. Is this something they can file for on their own or do you recommend using a lawyer? I will be helping them with the application because I have done some outlands before but never done an inland plus out of status. I know there are a lot of threads with similar topics but some are dated. Any help would greatly appreciated.

Thank you,

 

[Ponga]

Unless there are other inadmissibility issues beyond the `Lack of Status', a lawyer is usually not needed. There is a public policy in place that waives the requirement to have legal status for an Inland (SCPLC) sponsorship application. This also means that status will not be given until the applicant has received an Open Work Permit (if submitting the OWP application AFTER reaching the AIP stage, or until the PR has been given if not applying for the OWP.

There is no guarantee that your friend will not be removed from Canada, but hopefully (if they act ASAP) time will not be an enemy.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/immigration-refugee-protection-act-spousal-policy.html

4. Public interest

The Minister has determined that it is in the public interest to assess all foreign nationals, regardless of status (in spousal or common-law relationships with Canadian citizens or permanent residents), under the provisions of the Spouse or Common-law Partner in Canada class if they meet the following conditions:

• Have made an application for permanent residence either on H&C grounds or via the Spouse or Common-law Partner in Canada class;
• Are the subjects of a sponsorship undertaking that is made by their spouse or common-law partner.

 

[sooup1212]

We have just done our inland application, now just waiting for eCOPR. My husband was out of status for 5 yrs. Very do-able without lawyer unless your friend has criminal history or pending removal order.

 

[dtm]

Unless there are other inadmissibility issues beyond the `Lack of Status', a lawyer is usually not needed. There is a public policy in place that waives the requirement to have legal status for an Inland (SCPLC) sponsorship application. This also means that status will not be given until the applicant has received an Open Work Permit (if submitting the OWP application AFTER reaching the AIP stage, or until the PR has been given if not applying for the OWP.

There is no guarantee that your friend will not be removed from Canada, but hopefully (if they act ASAP) time will not be an enemy.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/immigration-refugee-protection-act-spousal-policy.html

4. Public interest

The Minister has determined that it is in the public interest to assess all foreign nationals, regardless of status (in spousal or common-law relationships with Canadian citizens or permanent residents), under the provisions of the Spouse or Common-law Partner in Canada class if they meet the following conditions:

• Have made an application for permanent residence either on H&C grounds or via the Spouse or Common-law Partner in Canada class;
• Are the subjects of a sponsorship undertaking that is made by their spouse or common-law partner.

Thank you very much.

Should they apply for the OWP the same time as when they are applying for PR?

 

[dtm]

We have just done our inland application, now just waiting for eCOPR. My husband was out of status for 5 yrs. Very do-able without lawyer unless your friend has criminal history or pending removal order.

Thank you.
No there are no criminality or anything of that sorts. Just straight forward out of status for 2 plus years.

 

[sooup1212]

Thank you.
No there are no criminality or anything of that sorts. Just straight forward out of status for 2 plus years.

You can dm me if you have questions. There are some minor things you should be wary of

 

[Ponga]

Thank you very much.

Should they apply for the OWP the same time as when they are applying for PR?

No. They will now need to wait until reaching the AIP (Approval in Principle) stage. Those that do have legal status can apply for the OWP as soon as they receive the AoR (Acknowledgement of Receipt) email.

 

[dtm]

No. They will now need to wait until reaching the AIP (Approval in Principle) stage. Those that do have legal status can apply for the OWP as soon as they receive the AoR (Acknowledgement of Receipt) email.

Thank you again.

 

[NIPUN MAHENDRU]

You can dm me if you have questions. There are some minor things you should be wary of

I am planning to apply for work permit for my spouse who is out of status, can you please help me or give me guidance how to apply for that. I tried to explore the application through GC key account and IRCC portal account, but I am not able to find the correct option to apply for work permit. Can you please provide some guidance regarding this?

 

[scylla]

I am planning to apply for work permit for my spouse who is out of status, can you please help me or give me guidance how to apply for that. I tried to explore the application through GC key account and IRCC portal account, but I am not able to find the correct option to apply for work permit. Can you please provide some guidance regarding this?

Can you confirm that you have received AIP for the spousal sponsorship application to sponsor your out of status spouse?

 

[NIPUN MAHENDRU]

Can you confirm that you have received AIP for the spousal sponsorship application to sponsor your out of status spouse?

I have not got the AIP but I have got AOR. I know the rule is to wait for AIP for the spousal open work permit for out of status applicants. But I was wondering, in order to save time if I can apply for hte work permit in advance and send the AIP via web form afterwards.

 

[scylla]

I have not got the AIP but I have got AOR. I know the rule is to wait for AIP for the spousal open work permit for out of status applicants. But I was wondering, in order to save time if I can apply for hte work permit in advance and send the AIP via web form afterwards.

You need to wait for AIP. You cannot apply ahead of time.

 

[NIPUN MAHENDRU]

You need to wait for AIP. You cannot apply ahead of time.

I can understand that I have to wait for AIP to apply for work permit. Is that dont through the GC key account or IRCC portal account. I tried both ways but I am not being able to find the correct to apply for the work permit

 

[NIPUN MAHENDRU]

When I try to apply from IRCC portal account, I get the following issue

When I go to "Apply to visit, study or work in Canada as a temporary resident" I come on the first page of the application. On the first page of application, there are 5 questions as follows;

1. I want to apply for a: (required)
study permit
transit visa or temporary special measures
visitor visa or super visa
work permit
not sure

2. What exactly do you want to apply for? (required)
I am the spouse, common law partner or dependent of an H-1B visa holder
Not sure

3. Select the province or territory where you plan to live or work (required)
If you don't know yet, select "unknown" from the list.

When I select Work permit in question#1 , then it prompts to select one of the options from Question#2. There are 2 options in question#2.

The first option of "I am the spouse, common law partner or dependent of an H-1B visa holder" does not apply to me
The second option of "Not sure", when I select this option, the button of "Save and continue" remains in gray color and does not let me to continue to the application. This button has to turn to dark blue for me to continue this application.

Please help if anybody has encountered this issue.

 

[armoured]

When I try to apply from IRCC portal account, I get the following issue

When I go to "Apply to visit, study or work in Canada as a temporary resident" I come on the first page of the application. On the first page of application, there are 5 questions as follows;

I think you're starting from the wrong web page, try here:
https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/apply.html

Note, not saying this will work for you (if I understand the out of status issues described above), but you should not get whatever message it is you're getting.

(And a pointer: if you're saying you're getting weird messages, include the link of where you're starting from - otherwise often impossible for others to figure out what the issue is)