Hi, me and my wife are about to apply for an inland application sponsorship. We have all of our documentation ready, as well as a photo time line and marriage documentation. I am the sponsor and she is the applicant. My question regards "administrative deferral of removals", or staying in Canada while the application is pending. I have read a million things on this topic and each confuses me more than the other. Our situation is the following:
Her work visa expired (which she got through her school) on July 31st. We submitted an application to renew a work visa without an LMO (she cannot get an LMO for her line of work as a restaurant server), and we were sent a letter 2 weeks ago denying her application. She is eligible to apply for restoration, but I doubt she will get her work visa restored, so we are planning on just submitting our sponsorship and PR application as well as a work permit application.
Currently she has no legal status in Canada, and the deadline for restoration is 90 days from when she received her work visa denial letter. My question is, if we do in land sponsorship, once past the 90 day deadline for restoration has passed, and the CBSA has declared their intentions to deport her, will we be able to utilize the "administrative deferral of removal" option, along with our proof that our spousal sponsorship application is currently pending, can we delay her deportation until the application is processed or just remove her deportation order completely when after the application is processed we get a PR approval + work permit approval (fingers crossed)? Is there anything we can do while our application is pending to get CIC to let her stay in Canada? She is Russian, so I don't believe she is eligible for any H&C or refugee grounds. She has NO criminal record here or in Russia nor any failed refugee applications, illegal entries into Canada. THank you very much for your time. This forum has been immensely helpful with so many of our conundrums.
Her work visa expired (which she got through her school) on July 31st. We submitted an application to renew a work visa without an LMO (she cannot get an LMO for her line of work as a restaurant server), and we were sent a letter 2 weeks ago denying her application. She is eligible to apply for restoration, but I doubt she will get her work visa restored, so we are planning on just submitting our sponsorship and PR application as well as a work permit application.
Currently she has no legal status in Canada, and the deadline for restoration is 90 days from when she received her work visa denial letter. My question is, if we do in land sponsorship, once past the 90 day deadline for restoration has passed, and the CBSA has declared their intentions to deport her, will we be able to utilize the "administrative deferral of removal" option, along with our proof that our spousal sponsorship application is currently pending, can we delay her deportation until the application is processed or just remove her deportation order completely when after the application is processed we get a PR approval + work permit approval (fingers crossed)? Is there anything we can do while our application is pending to get CIC to let her stay in Canada? She is Russian, so I don't believe she is eligible for any H&C or refugee grounds. She has NO criminal record here or in Russia nor any failed refugee applications, illegal entries into Canada. THank you very much for your time. This forum has been immensely helpful with so many of our conundrums.
