Inland Sponsorship with visitor status

[Since1864]

Hi there,

I just realized that I made a mistake. My mom is PR and dad is not. Dad came here last Nov and submitted the inland sponsored. He got Approval in Principle really fast, and we got his health card setup as well. But, he is stuck on the background check for over 6 months now.

His came here on visitor visa and we didn’t apply for any work permit since he is retired already. Now, it has been 11 months since his entry. I don’t think we can restore his status since it passed 90 days. Should we go back to home country? If we do that, then is he still eligible for inland application? Should he go to US and come back? I feel like he will run into issues at the border.

what are our options right now?

thanks

 

[Ponga]

Hi there,

I just realized that I made a mistake. My mom is PR and dad is not. Dad came here last Nov and submitted the inland sponsored. He got Approval in Principle really fast, and we got his health card setup as well. But, he is stuck on the background check for over 6 months now.

His came here on visitor visa and we didn’t apply for any work permit since he is retired already. Now, it has been 11 months since his entry. I don’t think we can restore his status since it passed 90 days. Should we go back to home country? If we do that, then is he still eligible for inland application? Should he go to US and come back? I feel like he will run into issues at the border.

what are our options right now?

thanks

You are correct; it's far too late for your dad to restore his status in Canada.

An Inland applicant needs to be in Canada during the PR approval process, so leaving would certainly put his application at risk. Since he has reached the all-important AIP milestone and the fact that he has a health card...the best option may be to do nothing.

There is Public Policy that waives the requirement for legal status for Inland applicants.
See this:https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html

For those that `Apply under the Spouse or Common-Law Partner in Canada Class if your spouse or common-law partner:'

• lives with you in Canada
• has valid temporary resident status in Canada, or is exempt from needing this status under a public policy (click on the link to find out how this may help your dad).

Normally, once a person reached the AIP stage, they are `left alone' by CBSA until their PR application has been approved. If it is not approved, that changes things.

Since your dad had legal status when he applied, this may still apply since his status would have expired sometime ~ May of this year, which would have been after AIP, correct?