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Family Class (in-Canada) PR sponsorship for Out-of-Status Spouse

Skvictus

Newbie
Jan 17, 2024
3
0
My wife first entered Canada on an eTA visa and shortly after applied for Permanent Residency. I'm a Canadian citizen as is our son, and we've been married for 17 years. While we have been waiting for a decision on PR, her status has lapsed. Although she is technically no longer permitted to be in the country, I've read in several places that PR can be granted to out of status individuals in circumstances such as ours. Does anyone have experience receiving PR for an out of status spouse?
 

canuck78

VIP Member
Jun 18, 2017
56,872
13,970
My wife first entered Canada on an eTA visa and shortly after applied for Permanent Residency. I'm a Canadian citizen as is our son, and we've been married for 17 years. While we have been waiting for a decision on PR, her status has lapsed. Although she is technically no longer permitted to be in the country, I've read in several places that PR can be granted to out of status individuals in circumstances such as ours. Does anyone have experience receiving PR for an out of status spouse?
Yes it is possible. Given your significant relationship history unlikely to be an issue. When did she lose status? If under 90 days apply for restoration.
 
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Ponga

VIP Member
Oct 22, 2013
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My wife first entered Canada on an eTA visa and shortly after applied for Permanent Residency. I'm a Canadian citizen as is our son, and we've been married for 17 years. While we have been waiting for a decision on PR, her status has lapsed. Although she is technically no longer permitted to be in the country, I've read in several places that PR can be granted to out of status individuals in circumstances such as ours. Does anyone have experience receiving PR for an out of status spouse?
Yes. Since she submitted the Inland (SCPLC) application, the requirement to have legal status in Canada is waived under a Public Policy that only pertains to applicants like her. As suggested by the previous post, applying for restoration of status (if still within the 90 day window) wouldn't be a bad idea.

Since you posted (last January 16th) that you were expecting to arrive in Canada in ~ 9 weeks, when did her status actually expire?
 
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