expire study permit while sponsoring

[bobbytetz]

Hello,

I need some help/ideas on what I should do.

I filled an application to sponsor my wife (here on as an international student) over a year ago. Six months ago, her study permit expired and we did not apply or extend her study permit due to we thought submitting a sponsorship application already give her an "implied status". However we were wrong, and now we find out that she is here in Canada with no status. Is there anything she can do? like going to school (reapply for study permit) that will make her status legal in Canada. I know that if she leaves canada now, then our Sponsorship application will not go through. Would you recommend her to stay in Canada until she hear the first stage from CIC? Since her status is not legal in canada right now, will that affect our sponsorship application results?

Have anyone been through this? please give me some feedback/ or the results that you been through.

Thank you very much

 

[scylla]

Unfortunately she has been out of status for too long to restore her status from within Canada. This would only be possible if she was still within 90 days of her status expiring. It's too late now.

Yes, assuming this was an inland application, her best bet is to now remain in Canada and see the sponsorship application through. She needs to remain in Canada until the full process is complete (not just the first stage). The fact she is out of status should not impact the processing of her application.

 

[bobbytetz]

Unfortunately she has been out of status for too long to restore her status from within Canada. This would only be possible if she was still within 90 days of her status expiring. It's too late now.

Yes, assuming this was an inland application, her best bet is to now remain in Canada and see the sponsorship application through. She needs to remain in Canada until the full process is complete (not just the first stage). The fact she is out of status should not impact the processing of her application.

thanks for the reply. just thinking further ahead here, if cic actually denies our sponsorship application, is there a way for me to appeal it?

 

[Ponga]

thanks for the reply. just thinking further ahead here, if cic actually denies our sponsorship application, is there a way for me to appeal it?

If you applied Inland, you have no rights to an appeal.

 

[bobbytetz]

If you applied Inland, you have no rights to an appeal.

could you explain to me why I can not? so if CIC does not approve my wife permanent resident, theres no way we can live together?

 

[scylla]

could you explain to me why I can not? so if CIC does not approve my wife permanent resident, theres no way we can live together?

That's simply how the rules work. There are no appeals for inland applications.

If for some reason you are refused, you would have to apply again from scratch - but this time using the outland process.

 

[bobbytetz]

ok thanks