Inland spousal sponsorship with visitor status

[Since1864]

Hi there,

I just realized that I made a mistake. My mom is PR and dad is not. Dad came here last Nov and submitted the inland sponsored. He got Approval in Principle really fast, and we got his health card setup as well. But, he is stuck on the background check for over 6 months now.

His came here on visitor visa and we didn’t apply for any work permit since he is retired already. Now, it has been 11 months since his entry. I don’t think we can restore his status since it passed 90 days. Should we go back to home country? If we do that, then is he still eligible for inland application? Should he go to US and come back? I feel like he will run into issues at the border.

what are our options right now?

thanks

 

[scylla]

Hi there,

I just realized that I made a mistake. My mom is PR and dad is not. Dad came here last Nov and submitted the inland sponsored. He got Approval in Principle really fast, and we got his health card setup as well. But, he is stuck on the background check for over 6 months now.

His came here on visitor visa and we didn’t apply for any work permit since he is retired already. Now, it has been 11 months since his entry. I don’t think we can restore his status since it passed 90 days. Should we go back to home country? If we do that, then is he still eligible for inland application? Should he go to US and come back? I feel like he will run into issues at the border.

what are our options right now?

thanks

He's out of status in Canada. I would not go to the US and then try the come back. Too much of a risk of issues at the border. At this point it may just make sense for him to remain in Canada without status until a decision is made in his application.

 

[scylla]

Hi there,

I just realized that I made a mistake. My mom is PR and dad is not. Dad came here last Nov and submitted the inland sponsored. He got Approval in Principle really fast, and we got his health card setup as well. But, he is stuck on the background check for over 6 months now.

His came here on visitor visa and we didn’t apply for any work permit since he is retired already. Now, it has been 11 months since his entry. I don’t think we can restore his status since it passed 90 days. Should we go back to home country? If we do that, then is he still eligible for inland application? Should he go to US and come back? I feel like he will run into issues at the border.

what are our options right now?

thanks

And no, he is no longer eligible to apply inland if he leaves Canada and returns to his home county. He would need to reapply as outland from scratch.

 

[Since1864]

He's out of status in Canada. I would not go to the US and then try the come back. Too much of a risk of issues at the border. At this point it may just make sense for him to remain in Canada without status until a decision is made in his application.

Thanks for the advice. But is that a risk for his PR application? It’s not making too much sense for me. There is no implied status like study permit or work permit. But for inland application, they want you to live with your spouse together to be eligible. But I guess it’s our mistake that we should restore within 90 days

 

[scylla]

Thanks for the advice. But is that a risk for his PR application? It’s not making too much sense for me. There is no implied status like study permit or work permit. But for inland application, they want you to live with your spouse together to be eligible. But I guess it’s our mistake that we should restore within 90 days

Once he had AOR (which he would have received 1-2 months after applying) he should have applied for a work permit and this would have given him implied status and allowed him remain in Canada with legal status. Yes, they expect you to live with your spouse to be eligible and this is very easy to do. He just didn't take the right actions to maintain his status.