Applying for Common-Law sponsorship while Out of Status - Need advice

[maarja]

Hi fellow forum users. I need some urgent advice.

My work permit ended and my status expired. I was asked to leave the country or apply for restoration of status within 90 days of becoming out of status.

My boyfriend is Canadian and we want to apply for a common law sponsorship. Now the question is if I can apply without status? In the application you must mark your status and there is an option ‘other’ and ‘foreign national’. Does either of them apply in my case? Or should I apply for restoration of status (to become visitor) and then do the sponsorship?

Does anyone have experience with anything similar?
Thanks in advance!

 

[canuck_in_uk]

Hi fellow forum users. I need some urgent advice.

My work permit ended and my status expired. I was asked to leave the country or apply for restoration of status within 90 days of becoming out of status.

My boyfriend is Canadian and we want to apply for a common law sponsorship. Now the question is if I can apply without status? In the application you must mark your status and there is an option ‘other’ and ‘foreign national’. Does either of them apply in my case? Or should I apply for restoration of status (to become visitor) and then do the sponsorship?

Does anyone have experience with anything similar?
Thanks in advance!

Hi

When did your status expire? What extension did you apply for and did the refusal give you a specific date you went out of status? Are you actually common-law?

If you are common-law, you can submit an inland PR app and include the OWP app requesting Restoration. Your status is "Other - out of status". Or if applying outland, you can apply for Restoration as a visitor.

 

[maarja]

Hi

When did your status expire? What extension did you apply for and did the refusal give you a specific date you went out of status? Are you actually common-law?

If you are common-law, you can submit an inland PR app and include the OWP app requesting Restoration. Your status is "Other - out of status". Or if applying outland, you can apply for Restoration as a visitor.

Hi thanks for the reply. My initial work permit ended early August but I applied to extend it and it came back declined on 22 Nov. The latter stated I have no status from the 23rd of November and need to leave the country immediately or apply for restaoration of status (to visitor) within 90 days.
My boyfriend and I have lived together (and have proof) from 21 January 2018 so we can apply for common law partnership on the 21st of this month. Will I be illegal starting from 14th of Feb (90 days after I became ‘out of status’) even though the applications (OWP and PR) are in?

Thanks again!

 

[canuck_in_uk]

Hi thanks for the reply. My initial work permit ended early August but I applied to extend it and it came back declined on 22 Nov. The latter stated I have no status from the 23rd of November and need to leave the country immediately or apply for restaoration of status (to visitor) within 90 days.
My boyfriend and I have lived together (and have proof) from 21 January 2018 so we can apply for common law partnership on the 21st of this month. Will I be illegal starting from 14th of Feb (90 days after I became ‘out of status’) even though the applications (OWP and PR) are in?

Thanks again!

You are already illegal. The 90 days grace period for Restoration doesn't grant any form of status or right to stay in Canada. If you apply for Restoration and it is approved, it essentially retroactively legalizes your stay. If you don't apply for Restoration or if it is refused, you are considered illegal in Canada as of your status expiring Nov 23rd.

What are your common-law proofs from day one? Most people generally don't have proof from day one, so applying right away is usually not a good idea.

 

[maarja]

You are already illegal. The 90 days grace period for Restoration doesn't grant any form of status or right to stay in Canada. If you apply for Restoration and it is approved, it essentially retroactively legalizes your stay. If you don't apply for Restoration or if it is refused, you are considered illegal in Canada as of your status expiring Nov 23rd.

What are your common-law proofs from day one? Most people generally don't have proof from day one, so applying right away is usually not a good idea.

Thanks for all the information.
We have a rental agreement signed by both of us when we moved in together almost a year ago. Also, we’ve been actively using a joint bank account to pay the rent and other mutual expenses. Do you think that will be enough?

 

[canuck_in_uk]

Thanks for all the information.
We have a rental agreement signed by both of us when we moved in together almost a year ago. Also, we’ve been actively using a joint bank account to pay the rent and other mutual expenses. Do you think that will be enough?

Have you looked at the checklist to see the proof requirements?