Applied in-land for Spousal sponsorship. What happens if i can't get back into the country?

[Dellace]

I am preparing for the possibility that my visa renewal application (Previous extension rejected and out of status currently) will be denied. I intend to leave Canada and wait across the border until my PR application is approved.

But if i recall, i may be called in for an interview or i may need to be physically present at some point. Will I be allowed back into the country in order to fulfill these conditions, despite rejection and (Technically, though unintentionally) overstaying? What happens if i can't return due to a border issue? Previous advice I was given involved overstaying, which i really want to avoid due how important it is.

I know for certain that if i can't be physically present during an interview call, my chances of acceptance drops to 0%! Help me understand this situation. Thank You.

 

[scylla]

I am preparing for the possibility that my visa renewal application (Previous extension rejected and out of status currently) will be denied. I intend to leave Canada and wait across the border until my PR application is approved.

But if i recall, i may be called in for an interview or i may need to be physically present at some point. Will I be allowed back into the country in order to fulfill these conditions, despite rejection and (Technically, though unintentionally) overstaying? What happens if i can't return due to a border issue? Previous advice I was given involved overstaying, which i really want to avoid due how important it is.

I know for certain that if i can't be physically present during an interview call, my chances of acceptance drops to 0%! Help me understand this situation. Thank You.

You cannot wait out the processing of the inland application outside of Canada.

Inland applications require you to be physically living in Canada together with your sponsor - it's one of the basic requirements. If you have to leave and are unable to return (i.e. can't return due to a border issue) - then your application will end up being canceled since you will no longer meet the requirements to apply inland. You would then have to submit a brand new application through the outland application stream.

If your restoration application is denied, you should try remaining in Canada without status and hope you can wait out the processing of your inland application. That's the better option vs. trying a border run or leaving Canada for a long period of time (which will cancel your inland application).

If restoration is refused and you are then forced to leave by CBSA - you would want to withdraw your inland application as soon as this happens and apply again outland. There will be no point going ahead with the inland application if you're no longer in Canada.

EDIT: There is an out of status discussion in the Family Sponsorship section of the forum that you may find helpful. These are people who are going through the inland sponsorship process while in Canada without status.