inadmissible family member

[canuck78]

I thought I cannot because he was overt stay for so long. Is it done under humanitarian grounds. My lawyer told me to put it as separated and do the application while he inside Canada so he doesn’t have to leave and I can sponsor him from inside Canada.

Change lawyers that is awful advice and would likely make sponsoring him impossible. You also would be misrepresenting your relationship status which could lead you to get a ban.

 

[canuck78]

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

You would sponsor him as a spouse who was outside of Canada and non-accompanying.

 

[thutha]

Will he get pr because he overstayed?

 

[canuck78]

Would suggest that you do visit each other during the period between him leaving and applying for sponsorship to prove you are still in a relationship.

 

[thutha]

Thank you so much! I was very stressed and you guys helped me through this. I appreciate it

 

[canuck78]

Will he get pr because he overstayed?

Not sure how many times we have to say yes if you can prove that you are still in a relationship and he leaves Canada you can apply for PR. He can technically attempt to return to Canada as a visitor or under SOWP if he qualifies but hard to say the chance of approval.

 

[thutha]

Thank you so much! My lawyer was wrong.

 

[scylla]

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

Is this a lawyer or a consultant? I feel you are being given very wrong information.

He should leave Canada now before you submit your application and he should return to his home country. You include him as an accompanying family member and once your application is approved, both of you will get PR and he can return to Canada.

 

[thutha]

This is a lawyer. My husband did not do his English test and adding him will be lower than the cut off score

 

[thutha]

I have 523 and cut off is 521

 

[thutha]

I have a question. Is it okay if he leaves like few days before submitting the application or right away. Few day like 2-3 days ago prior my application deadline April 06.

 

[canuck78]

This is a lawyer. My husband did not do his English test and adding him will be lower than the cut off score

Get a new lawyer. This is basic stuff

 

[thutha]

At this point I am planning to do it by myself. He does not have Canadian experience, so no points on that and no English. Which would make me go below the required score. I did the profile myself and I will put it as non accompanying and that he is no longer inadmissible as he has left the country and that I can sponsor him in the future. I am planning to apply few days before April 06. That is the deadline and he can only leave last week of March or April 01. I just wanna know if it will have any issue. @scylla @canuck78

 

[thutha]

Can someone please confirm. Thank you

 

[thutha]

Hello guys, I have another question. When his two TRPs were refused, it mentioned that he had to leave voluntarily or enforcement action may be taken against him. We never received any mails from cbsa or IRCC other than this. Does this mean he has any orders issued against him or is he free to leave.

questions:
1. Can he leave just a week before I shbmit the application?
2. Should we inquire with cbsa on any possible order? If we do inquire, will that trigger anything and they issue him any orders when they have not done it yet?