4 year cap reached, can you apply for restoration?

[iceebaby]

Hi! Someone dear to me has reached his 4 year cap limit. His fiancee is planning to apply to sponsor him under the spousal category. Our question is, can he apply for restoration of status while waiting for the documents needed for their spousal visa application?

 

[scylla]

Hi! Someone dear to me has reached his 4 year cap limit. His fiancee is planning to apply to sponsor him under the spousal category. Our question is, can he apply for restoration of status while waiting for the documents needed for their spousal visa application?

He can apply to restore his status and change his status to visitor. However that won't allow him to keep working. (He should have stopped working already.)

Note that a fiancee cannot sponsor him. They have to be either married or common law (common law means they have lived together for at least one full year).