SAWP AND FAMILY SPONSORSHIP

[newfoundlandgirl]

Hi, everyone I have a question.I'm hoping somebody will be able to answer this for somebody who is in the same situation. My fiancé will be returning to a seasonal agriculture work Visa in July month.His work visa permit on his passport will expire in december of 2024. When he is here, we will be getting married in the fall.My question is will he be legally allowed to stay in canada when the expiration date for his visa on his passport expires in december. I have been in contact with a lawyer and several immigration consultants. Each one is telling me something different. They say that he will be missing in action.If you do not return by the date that is stamped on his passport unless he has an extended work permit. He is unable to extend.This work visa
as it is agriculture. His original passport is valid for 10 years. I just.
Need some clarification on this or maybe somebody is in the same situation as me.And would a be able to provide me with some answers. We do not want him to be here. Illegally nor missing in action with IRCC

 

[newfoundlandgirl]

One reply email I received!!

Once his Work Permit expires, he will be "M.I.A" (missing in action) from the farm and technically didn't board the plane back home with the ticket they'll buy for him, so he does need to change his status or else he will be here without status, he'll also be reported to CBSA as M.I.A.., regardless of whether or not a sponsorship is being submitted. We deal with this situation around November/December with clients all the time.
We highly advise clients to maintain a valid status while in Canada while going through the Spousal Sponsorship process as there are many benefits, first of all, by doing so you won't be in the country illegally/or without status, secondly, a Spousal Open Work permit can be requested much sooner, among other benefits.

We can discuss it all in more detail of course as the process can become a bit overwhelming.
Please let me know if you are interested in the consultation and we can discuss more then.

Thank you and speak soon!

Kind Regards,

 

[canuck78]

Is he planning on working for the entire duration of his contract as an agricultural worker?

 

[newfoundlandgirl]

Yes he is

 

[canuck78]

Yes he is

Then he should also be talking to his employer so the employer can try to cancel the return flight when he arrives in Canada. If you file spousal sponsorship and then OWP before he stops working he will have implied status (from the OWP).

 

[newfoundlandgirl]

Yes that's what I thought but the email i received that I posted told me different
His return flight won't be booked until a week before he is finished the job. How will this work for his work visa that's stamped in his passport that will expire in December

 

[canuck78]

Yes that's what I thought but the email i received that I posted told me different
His return flight won't be booked until a week before he is finished the job. How will this work for his work visa that's stamped in his passport that will expire in December

When are you getting married and do you have significant proof of in person relationship? Will the work permit and work end at end of December?

 

[newfoundlandgirl]

Early October we are getting married. Yes, I also made to trips to jamaica. I was there January and may

 

[newfoundlandgirl]

He finished work last year end of Nov ams flew back but his permit is good until December 15

 

[canuck78]

He finished work last year end of Nov ams flew back but his permit is good until December 15

Would suggest you get married earlier so you have time to get spousal sponsorship processed and qualify for SOWP. Proof of marriage certificate can often take 4-6 weeks to receive which is one of the delays you would face.

 

[newfoundlandgirl]

When we submit the spousal sponsorship do we apply for OWP the same time? If we do does he need a job offer to apply for this OWP with the sponsorship?

 

[scylla]

When we submit the spousal sponsorship do we apply for OWP the same time? If we do does he need a job offer to apply for this OWP with the sponsorship?

No. You submit the sponsorship application first and wait for AOR (2-3 months). Once you have AOR, you apply for the OWP.

 

[newfoundlandgirl]

So as long as we are waiting for his AOR after we send in the spousal sponsorship application he can legally Stay here. If his current work permit expires before we receive these documents.

 

[scylla]

So as long as we are waiting for his AOR after we send in the spousal sponsorship application he can legally Stay here. If his current work permit expires before we receive these documents.

No, the spousal sponsorship application does not allow him to remain here legally. He should apply to change his status to visitor if you are short on time and his current work permit is going to expire before you get AOR.

 

[newfoundlandgirl]

Okay. Then we'd need to have a X amount of funds to show correct?