About my wife's status when the application in process

[WeAwesome]

hi everyone,

I need some professional advice from you.
This is my wife situation. We applied in May, sponsor approved in July. So right now is stages 2. She was planning to go to college because she was student in Canada. When we started to apply PR, she won't go to school. Is that legal way staying in Canada with study permit when the PR application in process, without attending school. We thought the PR result will be in September.

Help me out

Thanks

 

[scylla]

Did she apply inland? If so, did you include an OWP with her inland application?

 

[WeAwesome]

She did outland

 

[scylla]

Her study permit will be automatically canceled once she's stopped attending school for more than 90 days. The outland sponsorship application will not keep her in status. When did she stop attending school?

FYI - no professional advice on this forum. We are all normal people like you. If you want professional advice, you'll unfortunately have to hire a lawyer and pay for it.

 

[WeAwesome]

Thanks for you advice.
She stopped school from Jan. Because she changed the program. However, we decided to defer the program to Next year. So still on registering in school.
I will seek a immigration lawyer to consult.

Thanks again

 

[scylla]

It doesn't matter if she's still registered with the school - it's about whether she is attending and schools send reports to CIC regularly on which students on study permits are attending and which aren't.

At this point it's safe to assume your wife's study permit has been canceled and she's in Canada without status / illegally (she's been out of status for a while now). Based on the dates you've provided, it's also too late to apply to restore her status from within Canada.

You really have two options, have her remain in Canada out of status until the application is finalized. Have her leave Canada and try to return to put herself back in status. It's possible the fact she's not attending school and also out of status could impact the processing time of her application (or it might not).