Joint PR application with out of status spouse

[Nisa2017]

Hi Everyone,

I am reposting this question because I think I didn't post it in the right forum before. This is a unique situation that my friend is facing and since you guys have helped me so many times I turn to you for advice. My friend is in Canada currently on a open work permit. His girlfrend (now wife) missed her pgwp application deadline and applied for a restoration of status. The restoration was denied and she was ordered to leave within 30 days. They decided to get married since they couldn't bear being parted and decided to apply for a joint express entry application. She is now living out of status. However, they are now worried if this would be a valid application. The lawyers they approached suggested that it is doable. But I decided to ask you guys for some advice as I know from experience how misleading lawyers can be. Is it possible for them to apply for joint express entry application if his wife is out of status or does she have to leave the country before they can apply? Any advice on the matter will be greatly appreciated!
Thanks in advance

 

[SuperSaiyanGod]

Hi Everyone,

I am reposting this question because I think I didn't post it in the right forum before. This is a unique situation that my friend is facing and since you guys have helped me so many times I turn to you for advice. My friend is in Canada currently on a open work permit. His girlfrend (now wife) missed her pgwp application deadline and applied for a restoration of status. The restoration was denied and she was ordered to leave within 30 days. They decided to get married since they couldn't bear being parted and decided to apply for a joint express entry application. She is now living out of status. However, they are now worried if this would be a valid application. The lawyers they approached suggested that it is doable. But I decided to ask you guys for some advice as I know from experience how misleading lawyers can be. Is it possible for them to apply for joint express entry application if his wife is out of status or does she have to leave the country before they can apply? Any advice on the matter will be greatly appreciated!
Thanks in advance

While those without status can (and have been successful) in submitting an Inland application, there is no absolute guarantee that she would not be removed from Canada during the process. There is a Public Policy from 2005 that offers a layer of protection to those that have an eligible sponsor, but it's not an absolute.

Because she was ordered to leave within 30 days she is already on CBSA's radar. It could be an issue.

 

[zardoz]

While those without status can (and have been successful) in submitting an Inland application, there is no absolute guarantee that she would not be removed from Canada during the process. There is a Public Policy from 2005 that offers a layer of protection to those that have an eligible sponsor, but it's not an absolute.

Because she was ordered to leave within 30 days she is already on CBSA's radar. It could be an issue.

This is NOT a sponsorship application but a joint economic immigration application. I'm not sure that the Public Policy applies.

 

[canuck_in_uk]

Hi Everyone,

I am reposting this question because I think I didn't post it in the right forum before. This is a unique situation that my friend is facing and since you guys have helped me so many times I turn to you for advice. My friend is in Canada currently on a open work permit. His girlfrend (now wife) missed her pgwp application deadline and applied for a restoration of status. The restoration was denied and she was ordered to leave within 30 days. They decided to get married since they couldn't bear being parted and decided to apply for a joint express entry application. She is now living out of status. However, they are now worried if this would be a valid application. The lawyers they approached suggested that it is doable. But I decided to ask you guys for some advice as I know from experience how misleading lawyers can be. Is it possible for them to apply for joint express entry application if his wife is out of status or does she have to leave the country before they can apply? Any advice on the matter will be greatly appreciated!
Thanks in advance

She needs to leave Canada. She has been formally told to leave and must comply.

 

[Nisa2017]

Thanks for the replies everyone. So after his wife travels to her home country could my friend still submit a joint application? Since she won't be living out of status any longer there shouldn't be any issues right?

 

[canuck_in_uk]

Thanks for the replies everyone. So after his wife travels to her home country could my friend still submit a joint application? Since she won't be living out of status any longer there shouldn't be any issues right?

Correct.