Inland Spouse Sponsorship Under Policy

[Earth2Mars]

Hi

I am marrying my girlfriend in Canada and sponsoring her for PR

She is in Canada under a student permit. She applied for an extension before the permit expired in March 2025. She is still waiting for an answer on her extension application. However, it is very likely that it won't be approved due to not maintaining full-time study at school. I understand that she is on implied status

I understand that under the public policy, I can sponsor a spouse for PR even if their status expires at some point. By the time we get a marriage certificate and apply for the application, She will be with no valid status residing with me.

My questions:

1- Does it affect her PR application?
2- Currently, it shows 36 months to process inland. Does she need to apply for a restoration status? Under what basis?
3- Can she renew and get government services, and add her to my medical benefits?
4- Does marrying close to her status expiration and applying after her status updates come in (due to the marriage process time) make the application questionable?

any advice?

 

[Ponga]

Hi

I am marrying my girlfriend in Canada and sponsoring her for PR

She is in Canada under a student permit. She applied for an extension before the permit expired in March 2025. She is still waiting for an answer on her extension application. However, it is very likely that it won't be approved due to not maintaining full-time study at school. I understand that she is on implied status

I understand that under the public policy, I can sponsor a spouse for PR even if their status expires at some point. By the time we get a marriage certificate and apply for the application, She will be with no valid status residing with me.

My questions:

1- Does it affect her PR application?
2- Currently, it shows 36 months to process inland. Does she need to apply for a restoration status? Under what basis?
3- Can she renew and get government services, and add her to my medical benefits?
4- Does marrying close to her status expiration and applying after her status updates come in (due to the marriage process time) make the application questionable?

any advice?

1. Not if submitting an INLAND application, as the Public Policy that waives the requirement of legal status does not apply to an Outland applicant.
2. Ideally, she should apply to restore her status just for peace of mind!
3. Not certain.
4. Perhaps. Hopefully you have solid evidence of a genuine relationship before getting married.

Good luck!

 

[canuck78]

Hi

I am marrying my girlfriend in Canada and sponsoring her for PR

She is in Canada under a student permit. She applied for an extension before the permit expired in March 2025. She is still waiting for an answer on her extension application. However, it is very likely that it won't be approved due to not maintaining full-time study at school. I understand that she is on implied status

I understand that under the public policy, I can sponsor a spouse for PR even if their status expires at some point. By the time we get a marriage certificate and apply for the application, She will be with no valid status residing with me.

My questions:

1- Does it affect her PR application?
2- Currently, it shows 36 months to process inland. Does she need to apply for a restoration status? Under what basis?
3- Can she renew and get government services, and add her to my medical benefits?
4- Does marrying close to her status expiration and applying after her status updates come in (due to the marriage process time) make the application questionable?

any advice?

When did she stop studying? If only recently that is fine but if not compliant with the terms of her study permit for a long time she may have lost her status a while ago.

 

[Earth2Mars]

When did she stop studying? If only recently that is fine but if not compliant with the terms of her study permit for a long time she may have lost her status a while ago.

When did she stop studying? If only recently that is fine but if not compliant with the terms of her study permit for a long time she may have lost her status a while ago.

She is still waiting for a determination on her extension application.

 

[Earth2Mars]

1. Not if submitting an INLAND application, as the Public Policy that waives the requirement of legal status does not apply to an Outland applicant.
2. Ideally, she should apply to restore her status just for peace of mind!
3. Not certain.
4. Perhaps. Hopefully you have solid evidence of a genuine relationship before getting married.

Good luck!

Thank you.

Restoration to what status? student or visitor?

Our parents are involved in the marriage process and can attest to a genuine marriage, but not many pictures or chat logs; mostly, we would be outside and barely take pictures together.

 

[canuck78]

She is still waiting for a determination on her extension application.

I understood that but whether a study permit remains valid until the end of the expiry date also depends on whether you me the terms of the study permit before it expired. If she was not meeting the terms her study permit could have ended earlier. When did she actually stop studying?

 

[Earth2Mars]

I understood that but whether a study permit remains valid until the end of the expiry date also depends on whether you me the terms of the study permit before it expired. If she was not meeting the terms her study permit could have ended earlier. When did she actually stop studying?

She hasn't been attending regularly for the past year. She applied for an extension on March 31st, but no responses yet, so im assuming she is on implied status until then.

 

[YVR123]

She hasn't been attending regularly for the past year. She applied for an extension on March 31st, but no responses yet, so im assuming she is on implied status until then.

If the school has reported her for not attending classes, she would be out of status much earlier.

 

[Earth2Mars]

If the school has reported her for not attending classes, she would be out of status much earlier.

and how would someone find out being out of status with a notification? Shouldn't IRCC respond to the application at least?

 

[YVR123]

and how would someone find out being out of status with a notification? Shouldn't IRCC respond to the application at least?

I think she will find out when her study permit extension is being rejected.

 

[Earth2Mars]

I think she will find out when her study permit extension is being rejected.

Oh ok. Yeah that is what we are expecting. The issue is getting married and applying for sponsorship under the policy. Is that possible? I mean, will it look like we are trying to find a way to not make her leave the country? We are in a relationship though

 

[jpaspuezan96]

Hi there,

1. Not Answer.

2. She can apply to restore her student status if her extension is rejected. She will have 90 days after the rejection to restore her status. IRCC will assess whether her attempt to go back to study is genuine. For example, that she has enough funds to pay for tuition and living expenses, that she is still eligible to enrolled in the program she was doing, etc.

3. Do you mean government services such as health care access, driving license, and sin services? If so, yes. She should be able to get access to those services if her extension is approved or once her status is restored (should she lose her status). Also, once she becomes your spouse, you should be able to add her to your benefits as a dependent. I’m not sure if you can add her before marring her or having a common-law relationship.

4. More likely, it will look like that. You will have to provide evidence that your relationship is genuine (proof you were dating, that you have been in a relationship for a while). And that your marriage commitment is genuine too (e.g., that you family and friends know about your marriage).

Good luck!

 

[YVR123]

3. Do you mean government services such as health care access, driving license, and sin services? If so, yes. She should be able to get access to those services if her extension is approved or once her status is restored (should she lose her status). Also, once she becomes your spouse, you should be able to add her to your benefits as a dependent. I’m not sure if you can add her before marring her or having a common-law relationship.

3. is not entirely correct. Provincial health coverage is depending on province. I have heard some that even cover spouse/common law partner that are visitor or out of status. But unless she is covered by provincial health, she won't be covered under extended health from OP's work. I had went through similar case and cannot add my husband as dependent until he is covered by provincial health. (for Ontario it's AIP of the sponsorship application)

 

[canuck78]

Oh ok. Yeah that is what we are expecting. The issue is getting married and applying for sponsorship under the policy. Is that possible? I mean, will it look like we are trying to find a way to not make her leave the country? We are in a relationship though

The issue is if she was reported she would have already lost her status and wouldn’t have qualified to apply for the extension when she did. The other issues is IRCC is now looking back to see when people started to be non-compliant with their study permit. You basically have to wait and see what happens and whether restoration is possible.

 

[canuck78]

Hi there,

1. Not Answer.

2. She can apply to restore her student status if her extension is rejected. She will have 90 days after the rejection to restore her status. IRCC will assess whether her attempt to go back to study is genuine. For example, that she has enough funds to pay for tuition and living expenses, that she is still eligible to enrolled in the program she was doing, etc.

3. Do you mean government services such as health care access, driving license, and sin services? If so, yes. She should be able to get access to those services if her extension is approved or once her status is restored (should she lose her status). Also, once she becomes your spouse, you should be able to add her to your benefits as a dependent. I’m not sure if you can add her before marring her or having a common-law relationship.

If you are visitor you actually don’t qualify for most benefits because you are a spouse. It does vary by province so would verify it your specific province.

4. More likely, it will look like that. You will have to provide evidence that your relationship is genuine (proof you were dating, that you have been in a relationship for a while). And that your marriage commitment is genuine too (e.g., that you family and friends know about your marriage).

Good luck!