Legal Status in Canada - Inland Spousal Sponsorship | Can my husband just cross the border and come back to reclaim his status?

[scylla]

I am sponsoring my spouse for PR inland and he is out of status currently, we just received approval in principle today. Does this mean he can apply for an OWP? Is he allowed to work while waiting on a decision? We are also in the process of applying for restoration of status as it is still within the 90 day period allowed for restoration. Just wondering if there would be any issue if we apply for OWP and avoid the restoration? Or if we should apply for both and wait.

Yes, he can apply for an OWP. No, he cannot work while waiting for a decision.

 

[scylla]

The public policy is ONLY for the PR Inland application. To apply for OWP you need to be in status. In this situation, you should wait for the restoration of status to be done before applying for the OWP.

AIP allows inland applicants who are out of status to apply for an OWP. This is a long standing rule and not part of the public policy.

 

[poitivityflower]

I have to agree with scylla, I wouldn't recommend this as he is out of status. Usually people do it before their status is about to expire in order to avoid these situations.
In all honesty if you applied inland, there's a good chance your process will be done before you can get the work permit anyway. Inland processes are taking between 5 to 8 months on average, with some taking even less.
The biggest issue is that he is out of status and once IRCC gets ahold of your file, they have to inform CBSA about that situation, and CBSA might start the Removal Process depending on what step your application is in.
On the other hand if he goes home, there is a chance they will return your application and ask you to apply under Outland instead of Inland Spousal.
So it's a tricky situation.
If your restoration of status was applied in less than 90 days of the validity of his status, you guys are still in good terms. Outside of that range is a problem.
I would suggest getting an opinion from an immigration lawyer.

i’m in a similar situation so which is better inland or outland

 

[armoured]

i’m in a similar situation so which is better inland or outland

Personal opinion: now that outland applicants can get a work permit if in Canada, the advantages of inland are minor, and the disadvantages can be significant.

You have to decide based on your own circumstances. But unless you can identify why inland is better - then, outland.

 

[Ponga]

Personal opinion: now that outland applicants can get a work permit if in Canada, the advantages of inland are minor, and the disadvantages can be significant.

You have to decide based on your own circumstances. But unless you can identify why inland is better - then, outland.

Those without status are not eligible to submit an Outland application whilst in Canada.

 

[armoured]

Those without status are not eligible to submit an Outland application whilst in Canada.

Didn't know that. Where do you see this?

And yep, that would be a reason, a good one, for those in that situation.

 

[Ponga]

Didn't know that. Where do you see this?

And yep, that would be a reason, a good one, for those in that situation.

Here's one of many places where this is outlined:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/immigration-refugee-protection-act-spousal-policy.html#8

B. Spouse or common-law partner in Canada class cases

Case 3

Pending FC1/FCC case (out of status)

Action

• Assess using normal procedures in IP2 and IP8.
• If the applicant meets all other requirements of the Spouse or Common-law Partner in Canada class, their requirements for status and the inadmissibility related to the lack of status will be waived by the public policy under A25. (FCH)

 

[armoured]

Here's one of many places where this is outlined:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/immigration-refugee-protection-act-spousal-policy.html#8

Thanks. I'm sure I'm not reading this correctly, but I don't see where this says that those out of status are not eligible to apply under outland.

All I get out of this is that they would (may?) not be eligible for the public policy [effectively staying removal and allowing their app to proceed while in country.]

Which, no doubt, would be a VERY good reason to apply inland for those out of status.

Just trying to clarify. Have I mssed something?

 

[Ponga]

Thanks. I'm sure I'm not reading this correctly, but I don't see where this says that those out of status are not eligible to apply under outland.

All I get out of this is that they would (may?) not be eligible for the public policy [effectively staying removal and allowing their app to proceed while in country.]

Which, no doubt, would be a VERY good reason to apply inland for those out of status.

Just trying to clarify. Have I mssed something?

It's that part in green font; the part that indicates it is an INLAND applicant, hence the `in Canada class'. There have always been two options - Inland and Outland (or overseas).
The latter simply means that the application is processed outside of Canada, even if the applicant is applying while IN Canada.

This might help:
https://dfimmigration.ca/2020/05/03/in-canada-class-sponsorship-or-family-class-sponsorship-inland-or-overseas

Hope that clears it up for you.

 

[armoured]

It's that part in green font; the part that indicates it is an INLAND applicant, hence the `in Canada class'. There have always been two options - Inland and Outland (or overseas).
The latter simply means that the application is processed outside of Canada, even if the applicant is applying while IN Canada.

Don't see how this answers my question.

This might help:
https://dfimmigration.ca/2020/05/03/in-canada-class-sponsorship-or-family-class-sponsorship-inland-or-overseas

This part in this link does: "Applicants without status in Canada can still be granted PR, whereas applicants under other streams for PR (such as the Family Class) must have valid status in order to become a permanent resident."

Thanks.

 

[Ponga]

Don't see how this answers my question.



This part in this link does: "Applicants without status in Canada can still be granted PR, whereas applicants under other streams for PR (such as the Family Class) must have valid status in order to become a permanent resident."

Thanks.

EXACTLY! That is the Outland sponsorship, NOT the Inland sponsorship.

 

[armoured]

One more time...

There are two ways for a spousal sponsorship application:

1. In Canada Class - The person is living in Canada with their spouse sponsor. This is the OP's situation.

2. The Outland application (even for those in Canada...living with their sponsor) - This does NOT offer the protection under the Public Policy. ONLY In Canada Class applicants are protected, but even that's not 100% guaranteed.

So unless things have recently changed with IRCC, please believe me on this.

I'm aware that there are two classes, and I already wrote that your second source answered my question.

 

[Ponga]

I'm aware that there are two classes, and I already wrote that your second source answered my question.

My apologies.