Expired Visa - marriage

[Johnny604]

Hi, I am planning to get married to gf who was on student visa but her visa has expired over a year ago and overstay here. She has not returned to her origin country due to covid.

Anyone know if its possible for her to re-apply for visa to stay after we get married? What are the chances of getting denied? i assume if she is approved extend visa then next step would be for her to apply for PR.

thanks in advance

 

[scylla]

Hi, I am planning to get married to gf who was on student visa but her visa has expired over a year ago and overstay here. She has not returned to her origin country due to covid.

Anyone know if its possible for her to re-apply for visa to stay after we get married? What are the chances of getting denied? i assume if she is approved extend visa then next step would be for her to apply for PR.

thanks in advance

If her visa expired over a year ago, then it's too late to restore or extend her status now and marriage to you won't change this fact.

You will need to sponsor her for PR while she is out of status in Canada. Her status cannot be fixed before sponsorship. Her status will only be fixed once you have received AIP (approval in principle) as part of the spousal sponsorship application. This will happen towards the end of the processing period for her since she is out of status.

 

[Johnny604]

Thanks for your response. Does this mean after marriage I can apply for PR for her but she will not have any status and will not need to leave the Canada during the waiting period?
Would CBSA request her to leave the country since she overstayed and does not have status?

 

[scylla]

Thanks for your response. Does this mean after marriage I can apply for PR for her but she will not have any status and will not need to leave the Canada during the waiting period?
Would CBSA request her to leave the country since she overstayed and does not have status?

Yes, this means that after marriage you sponsor her for PR although she doesn't have status in Canada.

Sometimes there are situations where CBSA makes someone leave. However these instances aren't that frequent. So it's a risk but I would say not a big one. In making this statement, I'm assuming she has not been asked to meet with CBSA regarding her status in Canada.

 

[Johnny604]

Thanks for the info, it is super helpful.

If our marriage was just us signing papers instead of ceremony, do you know if this affects the PR application? We prefer not to have ceremony, it’s a honest relationship and we are living together.

Once more question, if she has no status but in married status, how can she get health care since we are planning to have a baby in the near future..

 

[YVR123]

Thanks for the info, it is super helpful.

If our marriage was just us signing papers instead of ceremony, do you know if this affects the PR application? We prefer not to have ceremony, it’s a honest relationship and we are living together.

Once more question, if she has no status but in married status, how can she get health care since we are planning to have a baby in the near future..

For healthcare, it depends on provience. But most will not cover healthcare with someone out of status.

She won't have status until her PR is approved. (Since it's too late for her to restore her state as visitor) And that's when most provinces will have heatlhcare coverage for a new immigrate.

Marriage do not grant her any special status.

If she doesn't have healthcare coverage, cost of birth is NOT covered. So unless you plan to pay out of pocket, do not try to have a baby yet....

 

[scylla]

Thanks for the info, it is super helpful.

If our marriage was just us signing papers instead of ceremony, do you know if this affects the PR application? We prefer not to have ceremony, it’s a honest relationship and we are living together.

Once more question, if she has no status but in married status, how can she get health care since we are planning to have a baby in the near future..

How long has she been out of status exactly? Your relationship will likely be scrutinized more closely due to her status. How closely may depend on how long she has been here without status. Simply signing papers is often fine. However the out of status bit complicates her profile and depending on the details of her situation, you may want to do more than just sign papers to void creating additional red flags.

As said above, whether she qualifies for health care before PR will depend on the province where you are living.