Can you still sponsor a spouse for permanent residency if they unintentionally overstayed longer than 6 months?

[paulog23]

Please help I'm scared I really didn't mean to break the law my fiancee is american she moved in with me November 2023 I begged her to stay i just couldn't imagine life without her it's my fault for her overstaying we are planning to marry this April as I finally have enough money saved due to the fact I'm on disability. Will I be able to sponsor her? What will we be asked about the overstay? Can the overstay be forgiven she literally has no place to stay in America she gave up everything to be with me which I greatly appreciated will they force her to go back? I'm like literally panicking here

 

[scylla]

Please help I'm scared I really didn't mean to break the law my fiancee is american she moved in with me November 2023 I begged her to stay i just couldn't imagine life without her it's my fault for her overstaying we are planning to marry this April as I finally have enough money saved due to the fact I'm on disability. Will I be able to sponsor her? What will we be asked about the overstay? Can the overstay be forgiven she literally has no place to stay in America she gave up everything to be with me which I greatly appreciated will they force her to go back? I'm like literally panicking here

Yes, you can sponsor her.

 

[Ponga]

Please help I'm scared I really didn't mean to break the law my fiancee is american she moved in with me November 2023 I begged her to stay i just couldn't imagine life without her it's my fault for her overstaying we are planning to marry this April as I finally have enough money saved due to the fact I'm on disability. Will I be able to sponsor her? What will we be asked about the overstay? Can the overstay be forgiven she literally has no place to stay in America she gave up everything to be with me which I greatly appreciated will they force her to go back? I'm like literally panicking here

Is she an American citizen?

Since she appears to no longer have legal status in Canada, your only option is an Inland (SCLPC) Sponsorship.

She will still be out of status for the entire process, but Inland applicants benefit from a public Policy that eliminates (and basically forgives) applicants like your fiance.

However...there is never a guarantee that CBSA will not intervene. I'm not stating that to alarm, rather to inform.

Since you are common-law (since November 2024), why not apply ASAP? The `clock' is likely her enemy since she has no legal status in Canada, so getting the sponsorship application in now is worth discussing with her. Once you are married, you would simply let IRCC know.

Good luck!

 

[canuck78]

Please help I'm scared I really didn't mean to break the law my fiancee is american she moved in with me November 2023 I begged her to stay i just couldn't imagine life without her it's my fault for her overstaying we are planning to marry this April as I finally have enough money saved due to the fact I'm on disability. Will I be able to sponsor her? What will we be asked about the overstay? Can the overstay be forgiven she literally has no place to stay in America she gave up everything to be with me which I greatly appreciated will they force her to go back? I'm like literally panicking here

Assume you also reported to disability that you are now in a common law relationship. Given disability payment levels and your partner out of work since 2023 you may also need to show how you can support yourselves without government assistance (excluding disability).

 

[paulog23]

Is she an American citizen?

Since she appears to no longer have legal status in Canada, your only option is an Inland (SCLPC) Sponsorship.

She will still be out of status for the entire process, but Inland applicants benefit from a public Policy that eliminates (and basically forgives) applicants like your fiance.

However...there is never a guarantee that CBSA will not intervene. I'm not stating that to alarm, rather to inform.

Since you are common-law (since November 2024), why not apply ASAP? The `clock' is likely her enemy since she has no legal status in Canada, so getting the sponsorship application in now is worth discussing with her. Once you are married, you would simply let IRCC know.

Good luck!

I would have done common law but I had no proof saved up we've had separate bank accounts and everything here is in my name

 

[paulog23]

Assume you also reported to disability that you are now in a common law relationship. Given disability payment levels and your partner out of work since 2023 you may also need to show how you can support yourselves without government assistance (excluding disability).

I didn't tell odsp yet because I assumed I could only add her if we married I had no idea of commonwealth sponsorship

 

[canuck78]

I didn't tell odsp yet because I assumed I could only add her if we married I had no idea of commonwealth sponsorship

Need to inform them of common law as well if lived together for 1 continuous year.

 

[paulog23]

Need to inform them of common law as well if lived together for 1 continuous year.

I'm afraid if I do that they will cancel my odsp I know I screwed up not knowing a whole lot about all this

 

[scylla]

I'm afraid if I do that they will cancel my odsp I know I screwed up not knowing a whole lot about all this

So if you are still on ODSP and your spouse is in Canada without status and not working, that creates an additional complications for your application. While you can technically sponsor while you are on ODSP, IRCC may have concerns about your ability to support your spouse financially once they are a PR. Ideally in these scenarios your spouse is either in Canada on a work permit and working or outside of Canada working. Anyway, not sure there's much you can do but submit the application and hope for the best. I would do that as soon as possible.