Sponsoring my husband with no status

[MizzM]

Hello,
Currently due to someone else's neglagences (he got scammed) my now new husband is without status. But since we are legally married we are starting the spousal sponship. First I truly hope his lack of status (due to an over stay on his work permit) we won't have an issue filing for permanent residency,from what I've read as long as we can prove that our relationship is true (no problem there our Facebook pages are full of pictures and posts of outtings and trips together plus my family adores him and I've become one of his family's fav people too, shouldn't be difficult to prove) then his overstay will be forgiven. He hasn't worked since losing his status, we joke and tell people hes the stay at home kitten Dad lol. But Im itching to get him back to work as his he. We are wondering is it possible to get a work permit now during the PR application process? Or do we have to wait till he's a permanent resident until he can work again? He has opportunity to have a job they know his current situation and are just chomping at the bit waiting for him to get his documents so he can get to helping them (it's construction, so due to wcb and being a subcontractor the company insists on doing it all on the up and up as there is possibility for injury doing the kind if work they want him for and my husband doesn't want to do anything that could put his pr application in jeopardy!) Also when will he qualify for a driver's license again? This process seems so over whelming and complicated to begin with the fact he lost his status because of shady jerks is stressing me out! (They fraudulently advertised them selves as a third party application consultant took his money told him all paper work has been filed and then did nothing, eventually disappearing with his application fees and their consulting fee leaving him to find out after the 90 day appeal period that he no longer has status and lost his work visa yes he should've been more diligent and followed up himself but he didn't know the process and the person made it seem like everything was fine just delayed. I am now dealing with it cuz I know I'll get it done right!
Thank you and sorry if this isn't the right forum to post in.

Signed, concerned wifey

 

[dominicantiguan]

Hello,
Currently due to someone else's neglagences (he got scammed) my now new husband is without status. But since we are legally married we are starting the spousal sponship. First I truly hope his lack of status (due to an over stay on his work permit) we won't have an issue filing for permanent residency,from what I've read as long as we can prove that our relationship is true (no problem there our Facebook pages are full of pictures and posts of outtings and trips together plus my family adores him and I've become one of his family's fav people too, shouldn't be difficult to prove) then his overstay will be forgiven. He hasn't worked since losing his status, we joke and tell people hes the stay at home kitten Dad lol. But Im itching to get him back to work as his he. We are wondering is it possible to get a work permit now during the PR application process? Or do we have to wait till he's a permanent resident until he can work again? He has opportunity to have a job they know his current situation and are just chomping at the bit waiting for him to get his documents so he can get to helping them (it's construction, so due to wcb and being a subcontractor the company insists on doing it all on the up and up as there is possibility for injury doing the kind if work they want him for and my husband doesn't want to do anything that could put his pr application in jeopardy!) Also when will he qualify for a driver's license again? This process seems so over whelming and complicated to begin with the fact he lost his status because of shady jerks is stressing me out! (They fraudulently advertised them selves as a third party application consultant took his money told him all paper work has been filed and then did nothing, eventually disappearing with his application fees and their consulting fee leaving him to find out after the 90 day appeal period that he no longer has status and lost his work visa yes he should've been more diligent and followed up himself but he didn't know the process and the person made it seem like everything was fine just delayed. I am now dealing with it cuz I know I'll get it done right!
Thank you and sorry if this isn't the right forum to post in.

Signed, concerned wifey

Once you can prove to them that your relationship is genuine and the law states that they cannot deny him PR status because he has overstayed however because he is out of status he cannot work until he's received the PR status as it may be too late for him to apply for restoration or renew of the work permit.

 

[Rob_TO]

We are wondering is it possible to get a work permit now during the PR application process? Or do we have to wait till he's a permanent resident until he can work again?

You can certainly still apply to sponsor him for his PR status, using INSIDE Canada app. However since he's out of status and beyond the 90 days window to restore, he can't take part in the OWP pilot program which would have given OWP in 3-4 months. So you can't submit the OWP along with PR app.

However I believe after the AIP (Approval in Principle) stage of processing, he would then qualify for things like OWP and provincial healthcare. So you will need to wait until you get notification of that stage to apply. I have no idea how long AIP is taking these days for inland apps, but I would guess at least an 8 month wait if they are targeting 12 months to complete the entire app. Check the inland thread for actual time's people are seeing.

 

[canuck_in_uk]

First I truly hope his lack of status (due to an over stay on his work permit) we won't have an issue filing for permanent residency

We are wondering is it possible to get a work permit now during the PR application process? Or do we have to wait till he's a permanent resident until he can work again?

This process seems so over whelming and complicated to begin with the fact he lost his status because of shady jerks is stressing me out!

Hi

The overstay won't be an issue in being granted PR.

He can include an OWP app with the inland PR app but as said above, he won't be granted the work permit until after AIP.

Know that IRCC does not accept the "I didn't know", "I trusted the wrong person", "it someone else's fault" excuse. While I understand that he didn't mean to go out of status, the end of the day, he can't blame it on someone else.

Where is he from? In his situation, outland could be the better option.

You can certainly still apply to sponsor him for his PR status, using INSIDE Canada app. However since he's out of status and beyond the 90 days window to restore, he can't take part in the OWP pilot program which would have given OWP in 3-4 months. So you can't submit the OWP along with PR app.

The OWP app can still be included but won't be processed until after AIP.

 

[Rob_TO]

The OWP app can still be included but won't be processed until after AIP.

True. I wonder if there is any special note or step they would need to include to indicate the OWP is to be processed after AIP, and not upfront as part of pilot program? If IRCC tries to process OWP immediately they may just reject it instead of waiting until AIP, forcing them to apply again later anyways.

 

[canuck_in_uk]

True. I wonder if there is any special note or step they would need to include to indicate the OWP is to be processed after AIP, and not upfront as part of pilot program? If IRCC tries to process OWP immediately they may just reject it instead of waiting until AIP, forcing them to apply again later anyways.

Yes, it would be a good idea to include a letter of explanation so that the OWP app isn't processed before AIP.