In Canada out of status - Spousal Sponsorship

[bmramon]

Hi all, I need an opinion - I know someone who moved to Canada as a visitor, married a canadian, then never renewed her visitor status, thus overstayed her status and is now out of legal status.

She had a son born in Canada to this canadian citizen husband.

They applied for spousal sponsorship last year, the application confirmed received April 2017 - now a year later she received an email asking her to attend an interview next month in her home country.

She does not have the ability to leave the country, she needs to stay in canada to take care of her newborn, canadian son.

What are her options? How does she go about asking for an in-canada interview?

They surely know she overextended her stay, the application clearly stated she was out of status.

I appreciate all insights! Thank you!

 

[KBH]

As far as I know, there is no accommodation that can be made. If you apply inland and get called for an interview, you do your interview in Canada; if you apply outland, you have to do the interview in your home country. If she was applying while out of status, and knew she would not be able to leave Canada for her interview, that is something that should have been considered at the time they decided to apply outland rather than inland. I am unfamiliar with any outland applicants being able to change their relationship interview to happen within Canada. I am happy to be corrected by anyone if I am wrong though.

 

[bmramon]

At the start she was told that outland from within canada was less risky in case she had to suddenly leave the country (deportation, etc) - her application would not be voided.

However, since applying, she got pregnant, had a newborn, and now simply cannot leave the country.

Anybody have experience on this situation? Any chance to either waive the interview or move to within canada?

OR alternatively, what happens if she simply doesnt make her interview in home country? Does it = automatic rejection ?

 

[canamconnect]

At the start she was told that outland from within canada was less risky in case she had to suddenly leave the country (deportation, etc) - her application would not be voided.

However, since applying, she got pregnant, had a newborn, and now simply cannot leave the country.

Anybody have experience on this situation? Any chance to either waive the interview or move to within canada?

OR alternatively, what happens if she simply doesnt make her interview in home country? Does it = automatic rejection ?

Sounds like she got some bad advice. Being out of status she could have applied for a TRP (Temporary Resident Permit) along with her PR app and she would have legal status while she waited. Some don't even do that and still don't end up deported if the PR app is in process.

As far as I am aware there is no changing or moving the appointment, check with CIC on that but they are usually pretty firm.

You may have to retract the application and explain you will reapply inland and take the financial hit to do so. They are really the only ones that can advise you now what they will or will not do.

Good luck.

 

[canuck_in_uk]

At the start she was told that outland from within canada was less risky in case she had to suddenly leave the country (deportation, etc) - her application would not be voided.

However, since applying, she got pregnant, had a newborn, and now simply cannot leave the country.

Anybody have experience on this situation? Any chance to either waive the interview or move to within canada?

OR alternatively, what happens if she simply doesnt make her interview in home country? Does it = automatic rejection ?

It is clearly stated that if called for an interview with an outland app, it will be outside of Canada. If she doesn't attend, the app will be refused.

The other option is to withdraw the outland app and re-apply inland.

 

[Catems]

Hi all, I need an opinion - I know someone who moved to Canada as a visitor, married a canadian, then never renewed her visitor status, thus overstayed her status and is now out of legal status.

She had a son born in Canada to this canadian citizen husband.

They applied for spousal sponsorship last year, the application confirmed received April 2017 - now a year later she received an email asking her to attend an interview next month in her home country.

She does not have the ability to leave the country, she needs to stay in canada to take care of her newborn, canadian son.

What are her options? How does she go about asking for an in-canada interview?

They surely know she overextended her stay, the application clearly stated she was out of status.

I appreciate all insights! Thank you!

What happened to the application now?