Family Class or In Canada Class when out of status

[Angelalala93]

Hello,

I came to Canada in 2011 with study permit, finished my 4 year undergraduate studies and applied for PGWP and worked for 3 years. I got offer to UofT master studies this year and used it to apply for study permit. However, because of the mistake from my lawyer, I got refused. And I lost my status. I was planning to fly back to my country and applied for study permit overseas, however, I could not find a plane ticket, every ticket is about $10K because of the COVID, and my ticket got canceled twice after I struggled to book one from agency.

I was with my boyfriend since 2017. He is a Canadian Citizen. We got married this year, since I could not obtain my status from my end, he is trying to help me to apply for Permanent Resident Visa. We are planning to submit sponsorship application.

On government website, it said

• If you’re sponsoring your spouse or common-law partner, you may sponsor them under the Family Class or under the Spouse or Common-Law Partner in Canada Class.
• When you sponsor a spouse or common-law partner, you must specify the “Class of Application” on the checklist you’ll submit as the covering page for your application package.

I am currently in Canada without status, which one should I apply for? Thank you for your help!

 

[YVR123]

Is it too late to restore your status? You should try to apply for restoration if it's not too late. (restore as visitor)

 

[armoured]

If you’re sponsoring your spouse or common-law partner, you may sponsor them under the Family Class or under the Spouse or Common-Law Partner in Canada Class.

• When you sponsor a spouse or common-law partner, you must specify the “Class of Application” on the checklist you’ll submit as the covering page for your application package.

I am currently in Canada without status, which one should I apply for? Thank you for your help!

You want to use the first, spouse or common-law partner in Canada. You should also apply and check for the Open Work Permit Application.

 

[YVR123]

You want to use the first, spouse or common-law partner in Canada. You should also apply and check for the Open Work Permit Application.

I hope she can still restore her status. Otherwise, if she is out of status, she cannot apply for OWP with the inland application.

 

[scylla]

I hope she can still restore her status. Otherwise, if she is out of status, she cannot apply for OWP with the inland application.

She can still apply for the OWP while out of status. It just won't be approved until after AIP.

 

[YVR123]

She can still apply for the OWP while out of status. It just won't be approved until after AIP.

correct but it will be a while.

 

[Angelalala93]

Is it too late to restore your status? You should try to apply for restoration if it's not too late. (restore as visitor)

Hi, it is probably too late for me to restore to study permit. My PGWP expired last year in November, and I tried to switch to study permit and got refused at the end of May this year.

 

[Angelalala93]

She can still apply for the OWP while out of status. It just won't be approved until after AIP.

Hello, the approve of AIP will be after I give biometric fingerprint, right?

The reason I am also considering applying family class is because the biometric center is opening with limited space in my country and I think I might can give my fingerprints when I can find a flight.

Also, I want to visit my grandpa in my home country because his body condition is not well. If I applied for in Canada Class, I am scared I will not be able to leave Canada in at least two years (process time will be long because I am out of status and biometric center close for COVID).

 

[YVR123]

Hello, the approve of AIP will be after I give biometric fingerprint, right?

The reason I am also considering applying family class is because the biometric center is opening with limited space in my country and I think I might can give my fingerprints when I can find a flight.

Also, I want to visit my grandpa in my home country because his body condition is not well. If I applied for in Canada Class, I am scared I will not be able to leave Canada in at least two years (process time will be long because I am out of status and biometric center close for COVID).

In recent inland sponsorship applications, AIP comes at the very end of the process. So likely it will be one to a few months from the final decision made.

 

[armoured]

Hello, the approve of AIP will be after I give biometric fingerprint, right?

The reason I am also considering applying family class is because the biometric center is opening with limited space in my country and I think I might can give my fingerprints when I can find a flight.

Also, I want to visit my grandpa in my home country because his body condition is not well. If I applied for in Canada Class, I am scared I will not be able to leave Canada in at least two years (process time will be long because I am out of status and biometric center close for COVID).

If you leave the country, it is highly unlikely you'll be let back in until approved. You may want to consider outland.

(inland intended for those staying in Canada, I don't know what happens to an inland application if the applicant leaves)

 

[Miraclejj]

If you leave the country, it is highly unlikely you'll be let back in until approved. You may want to consider outland.

(inland intended for those staying in Canada, I don't know what happens to an inland application if the applicant leaves)

If an applicant applied inland sponsorship and left Canada, then later, is refused to enter Canada, the application will be treated as abandoned.

 

[armoured]

If an applicant applied inland sponsorship and left Canada, then later, is refused to enter Canada, the application will be treated as abandoned.

Thank you. Should note, I was assuming someone out of status would have issues, and that op is not from a visa waiver country. Perhaps there are other factors or policies I don't know about for persons with inland applications.

So op should take careful note and look into it. If plan is to travel home, inland may not be practical. Outland can be started while in Canada but you will be apart from spouse for quite a while if you leave the country and cannot obtain a visa to return.

 

[Angelalala93]

Thank you. Should note, I was assuming someone out of status would have issues, and that op is not from a visa waiver country. Perhaps there are other factors or policies I don't know about for persons with inland applications.

So op should take careful note and look into it. If plan is to travel home, inland may not be practical. Outland can be started while in Canada but you will be apart from spouse for quite a while if you leave the country and cannot obtain a visa to return.

Thank you! Noted. Also, can I apply online if I am out of status for both family class and in-Canada Class? Or I have to apply by paper?

 

[YVR123]

Thank you! Noted. Also, can I apply online if I am out of status for both family class and in-Canada Class? Or I have to apply by paper?

Those are all paper based applications. Download all the forms and read the guideline carefully.

 

[Angelalala93]

Those are all paper based applications. Download all the forms and read the guideline carefully.

Thank you! I am also a little concern about removal order. After I apply through inland application, if I receive removal order and I have to leave within 30 days, is that mean my inland application will be refused? Or I could appeal my removal order with my inland application?