Out of Status and Inland Sponsorship application

[NIPUN MAHENDRU]

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)

Thanks for taking the time for looking at this!

This is the link that I was using for application thorrough IRCC portal account. https://portal-portail.apps.cic.gc.ca/home?lang=en

In the link that you have provided, it asks to create a GC key account which I already have, but I am issue in the application. I wish I was able to include some screenshots in this message to show where I am encountering the issue

 

[armoured]

Thanks for taking the time for looking at this!

This is the link that I was using for application thorrough IRCC portal account. https://portal-portail.apps.cic.gc.ca/home?lang=en

In the link that you have provided, it asks to create a GC key account which I already have, but I am issue in the application. I wish I was able to include some screenshots in this message to show where I am encountering the issue

Yes, it's harder to diagnose with the portals.

I repeat my suggestion though: I think somehow you are starting at the wrong place. (I don't understand the H-1b reference at all).

 

[Meloi]

HI there! Just wanna ask for a friend,
So my friend is a Canadian Citizen wants to sponsor her common law out of status for almost 3 years via inland spousal sponsorship. My Canadian friend not yet divorced but separated long time ago since 2015 her ex already filed CPP credit splitting because she received a copy from service canada she have a affidavit that she suffered from emotional abuse year 2015. My friend her present common law have a child together. Is she possible to sponsor her common law even not divorced? TIA

 

[Ponga]

HI there! Just wanna ask for a friend,
So my friend is a Canadian Citizen wants to sponsor her common law out of status for almost 3 years via inland spousal sponsorship. My Canadian friend not yet divorced but separated long time ago since 2015 her ex already filed CPP credit splitting because she received a copy from service canada she have a affidavit that she suffered from emotional abuse year 2015. My friend her present common law have a child together. Is she possible to sponsor her common law even not divorced? TIA

Regarding not having legal status:
https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html

Under the public policy, a person without temporary resident status can be sponsored as a spouse or common-law partner in Canada only if they are inadmissible because they:

• overstayed a visa, visitor record, work or student permit;
• worked or studied without being legally allowed to do so under the Act;
• entered Canada without the required visa or other document required under the regulations;
• entered Canada without a valid passport or travel document (as long as they have valid documents by the time they are granted permanent residence).

If your spouse or common-law partner is inadmissible for other reasons, they’re not covered by the public policy. In that case, they should resolve the situation that made them inadmissible before applying for permanent residence.
---
Regarding her still being legally married:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-determining-spouse/assessing-relationship.html


In the case of a common-law partner, documentary evidence should include:

• a completed Relationship Information and Sponsorship Evaluation questionnaire (IMM 5532) (included in the application package)
• proof of separation from a former spouse if either the sponsor or the applicant were previously married

 

[armoured]

HI there! Just wanna ask for a friend,
So my friend is a Canadian Citizen wants to sponsor her common law out of status for almost 3 years via inland spousal sponsorship. My Canadian friend not yet divorced but separated long time ago since 2015 her ex already filed CPP credit splitting because she received a copy from service canada she have a affidavit that she suffered from emotional abuse year 2015. My friend her present common law have a child together. Is she possible to sponsor her common law even not divorced? TIA

Yes, she can sponsor common law partner even if not divorced, but getting divorced would still be suggested. (May slow the application).

Out of status: as noted, if the only issues are overstaying (eg no criminality or etc), can be sponsored.

 

[Meloi]

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

Same as my friend so what's the status now? TiA

 

[Ponga]

Same as my friend so what's the status now? TiA

A person that does not have legal status when the application is submitted, will still be out of status. Only when the PR application is approved and the person lands, their status changes to PR status.

 

[Meloi]

Yes, she can sponsor common law partner even if not divorced, but getting divorced would still be suggested. (May slow the application).

Out of status: as noted, if the only issues are overstaying (eg no criminality or etc), can be sponsored.

Is over staying visitor visa included? That's why he became out of status for almost 3 years. Thanks a lot

 

[Ponga]

Is over staying visitor visa included? That's why he became out of status for almost 3 years. Thanks a lot

YES! Don't overthink this!

overstayed a visa, visitor record, work or student permit, which is exactly what he did, right?

 

[YVR123]

Is over staying visitor visa included? That's why he became out of status for almost 3 years. Thanks a lot

If a person stayed as visitor and never extended his stay, then he is out of status and does not have a legal status.

 

[Meloi]

If a person stayed as visitor and never extended his stay, then he is out of status and does not have a legal status.

Awwwsss thanks a lot! Really appreciated

 

[Meloi]

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

Hi there! Similar situation

YES! Don't overthink this!

overstayed a visa, visitor record, work or student permit, which is exactly what he did, right?

Thanks so so so much so bottom line is YES!!!
you made her day! Till next time

 

[Meloi]

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

Out of status? Is he working? How about CRA thing??? Thanks so much

 

[Meloi]

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

How can we dm you

 

[sherryl89]

Please help, can someone sponsor a spouse in Canada if you are in school at the moment and receiving loans and bursaries? Your spouse is here in Canada?