In-Canad Family Class PR Sponsorship without legal status

[ZarM88]

I hope that I can decide on the best option after getting your opinions in this forum about my wife's situation.
I have recently become a permanent resident of Canada living with my wife for about two years in Canada. My wife's open work permit extension got refused on Aug 16, 2022, and she lost her status. She has 90 days to apply to restore her status.

Now I am planning to sponsor her for permanent residency under the family class sponsorship in Canada. Then, she can become eligible to apply to restore her status. Before sending out her application I need to make sure everything is in order.

I know from immigration law, she needs to restore her status to that of a work permit before she can apply for other temporary resident applications like a visitor or study permit. Also, I have read from the CIC website that in order for her open work permit application to be processed, her PR application should be approved in principle (because she doesn't have legal status). I don't know how long this process would take.
Also, she is planning to study and wants to apply for a study permit later.

I am now considering several options:
1- I sponsor her PR from within Canada and then she applies to restore her open work permit status. (Is her stay in Canada after applying to restore her status legal in this scenario?)

2- She leaves Canada and applies for a visitor visa or a study permit.

3- She leaves Canada and I sponsor her permanent residency from outside Canada and then she applies for a visitor visa or study permit at the same time.

Considering the scenarios above, what is the best option for her application? Which option might be approved faster and be more conservative without the risk of application refusal?

 

[Jazzed]

You said you recently became a PR..Why wasn't your wife on your application as a dependent. Either as a common law partner or as your spouse...when did you become a PR and what was your martial status at the time. Were you honest with the IRCC at the time of landing,?

 

[YVR123]

I only want to point out that I think she can only apply to restore her status as visitor. Since her OWP has been refused, I don't think she can restore her status as worker.

Did you include her in your PR application? Were you married when you landed (or vitural landed) as PR?

 

[ZarM88]

At the time I applied for permanent residence, I declared her as a non-accompanying spouse since our marriage was less than a year and I was advised to proceed in this way and not to compromise our application because of failing to prove the genuineness of our relationship.
I have been outright honest with IRCC in all previous applications. I became a PR in May 2022

YVR123: Do you mean that she can only restore her status to a visitor but not her authorization to an open work permit? Does she still need to wait for her in-land PR application to be approved in principle before her request for restoring her temporary residency is processed?

 

[armoured]

At the time I applied for permanent residence, I declared her as a non-accompanying spouse since our marriage was less than a year and I was advised to proceed in this way and not to compromise our application because of failing to prove the genuineness of our relationship.
I have been outright honest with IRCC in all previous applications. I became a PR in May 2022

Assuming she was examined as non-accompanying, you will be fine.

YVR123: Do you mean that she can only restore her status to a visitor but not her authorization to an open work permit? Does she still need to wait for her in-land PR application to be approved in principle before her request for restoring her temporary residency is processed?

Now main thing: start filling out the application and getting materials. She can be processed even out of status.

I believe the main difference is that if she gets her status restored before you apply, she may technically be able to qualify for an open work permit by applying inland.

But that takes quite a bit of time and may not give you much extra 'working' time for her.

If she wishes to travel outside Canada at all during process, you can apply 'outland' - even though she is in Canada - lower risk of issues if she eg were not able to return.

 

[Jazzed]

At the time I applied for permanent residence, I declared her as a non-accompanying spouse since our marriage was less than a year and I was advised to proceed in this way and not to compromise our application because of failing to prove the genuineness of our relationship.
I have been outright honest with IRCC in all previous applications. I became a PR in May 2022

YVR123: Do you mean that she can only restore her status to a visitor but not her authorization to an open work permit? Does she still need to wait for her in-land PR application to be approved in principle before her request for restoring her temporary residency is processed?

You don't have to be married for any length of time to prove you have a genuine relationship. I have never heard of this.

Did she do a medical and was exaimed by the IRCC before you landed?

Her application for a OWP was refused there is no restoration of her status as a OWP holder using that angle until you apply again. As for the orginal refusal. From the legal perceptive she was refused she should get a visitors visa or leave.

In this kind of mess if you did allow her to be properly examined by the IRCC at the time of your application inland spousal sponsorship is probably the fix that will keep you together.

Be prepared for possible extra checks as they will probably have the same questions I had

 

[Ponga]

I hope that I can decide on the best option after getting your opinions in this forum about my wife's situation.
I have recently become a permanent resident of Canada living with my wife for about two years in Canada. My wife's open work permit extension got refused on Aug 16, 2022, and she lost her status. She has 90 days to apply to restore her status.

Now I am planning to sponsor her for permanent residency under the family class sponsorship in Canada. Then, she can become eligible to apply to restore her status. Before sending out her application I need to make sure everything is in order.

I know from immigration law, she needs to restore her status to that of a work permit before she can apply for other temporary resident applications like a visitor or study permit. Also, I have read from the CIC website that in order for her open work permit application to be processed, her PR application should be approved in principle (because she doesn't have legal status). I don't know how long this process would take.
Also, she is planning to study and wants to apply for a study permit later.

I am now considering several options:
1- I sponsor her PR from within Canada and then she applies to restore her open work permit status. (Is her stay in Canada after applying to restore her status legal in this scenario?)

2- She leaves Canada and applies for a visitor visa or a study permit.

3- She leaves Canada and I sponsor her permanent residency from outside Canada and then she applies for a visitor visa or study permit at the same time.

Considering the scenarios above, what is the best option for her application? Which option might be approved faster and be more conservative without the risk of application refusal?

1. It's not that her stay would be `legal', but because of the Public Policy that allows for an Inland applicant to apply for spousal sponsorship without having legal status, it sort of does. However...the policy is not an absolute guarantee.

As @armoured has noted, the processing time for the OWP may mean that the OWP is received shortly before PR approval, so the additional cost for the OWP may not have been worth it.