inadmissible family member

[thutha]

hello guys,

I need your insight. Today, i got ITA for CEC. The cut off was 521, but i have 523. I came as an international student and now i have a closed wp with LMIA. The issue is my spouse has been out of status since 2022 November. In 2020, we applied to restore his spousal open work permit but did not see the document request and delayed the process, which ultimately resulted in refusal. We appleid for trp two times but was refused but we recently submitted a strong application this January. I have to submit the application by April 6 2025. I would like to know if he does not leave the country, will that make me inadmissible as well as he is my family member. please help me @legalfalcon @scylla . I know you guys cannot provide legal advice but your expertise/ insights will be appreciated.

 

[thutha]

Anyone please

 

[scylla]

hello guys,

I need your insight. Today, i got ITA for CEC. The cut off was 521, but i have 523. I came as an international student and now i have a closed wp with LMIA. The issue is my spouse has been out of status since 2022 November. In 2020, we applied to restore his spousal open work permit but did not see the document request and delayed the process, which ultimately resulted in refusal. We appleid for trp two times but was refused but we recently submitted a strong application this January. I have to submit the application by April 6 2025. I would like to know if he does not leave the country, will that make me inadmissible as well as he is my family member. please help me @legalfalcon @scylla . I know you guys cannot provide legal advice but your expertise/ insights will be appreciated.

To the best of my knowledge this will negatively impact your application.

 

[thutha]

@scylla thank you for your reply! Do you think him leaving would cause any trouble. Just so you know he is non accompanying spouse.

 

[thutha]

Can anyone confirm if he leaves Canada is it going to cause any issues

 

[thutha]

@canuck78

 

[canuck78]

Can anyone confirm if he leaves Canada is it going to cause any issues

Shouldn’t cause any issue and looks like you don’t have a choice. Would expect that they will not be able to enter Canada until they receive PR.

 

[thutha]

Can I sponsor him from outside Canada due to his overstay?

 

[canuck78]

Can I sponsor him from outside Canada due to his overstay?

Yes

 

[thutha]

I thought it was only possible for people inside Canada. If he leaves, I can mention that I would sponsor him in the future?

 

[canuck78]

I thought it was only possible for people inside Canada. If he leaves, I can mention that I would sponsor him in the future?

Just clarifying your spouse can leave with no issue. Yes he can be listed as non-accompanying and you can sponsor him in the future.

 

[thutha]

.

 

[thutha]

Will mg application be refused if he stays here in Canada even though he is non accompanying.

 

[scylla]

Will mg application be refused if he stays here in Canada even though he is non accompanying.

Yes.

 

[thutha]

May I know which pathway is available for me to sponsor him once I get pr? My lawyer said he cannot be sponsored as he was out of status for so long