I am a permanent resident of Canada, but my PR card expired in June 2023. My wife and son are with me on visitor visas. My wife’s visitor status has been extended until June 2025, while my son’s status is valid until June 2024. Unfortunately, I couldn’t extend my son’s status further because my PR card is expired. Next month, I will become eligible to apply for PR renewal, and I plan to apply for sponsorship for my family. After submitting the sponsorship application, I intend to apply for an open work permit for my wife. However, I am unsure about how to maintain my son's status. What steps should I take?
Nonextended Visitor Visa
- Thread starter Yehia82
- Start date
You could have still applied to extended your son's status. But that ship has sailed at this point.I am a permanent resident of Canada, but my PR card expired in June 2023. My wife and son are with me on visitor visas. My wife’s visitor status has been extended until June 2025, while my son’s status is valid until June 2024. Unfortunately, I couldn’t extend my son’s status further because my PR card is expired. Next month, I will become eligible to apply for PR renewal, and I plan to apply for sponsorship for my family. After submitting the sponsorship application, I intend to apply for an open work permit for my wife. However, I am unsure about how to maintain my son's status. What steps should I take?
He's out of status in Canada and it's too late to restore status. The only way to restore status at this point would be for him to leave Canada and then re-enter. If he remains in Canada, there is no way to restore his status or maintain his status. He will need to remain out of status.
Thank you, He is only 3.5 years old, so it is not possible for him to leave the country on his own, and we are unable to accompany him. Will being out of status impact the sponsorship application I intend to submit? Additionally, can we apply for a study permit for him? My concern is ensuring he remains legally present in Canada so he can be covered by my job's medical insurance, aside from ensuring the sponsorship application is not affected.
You could have still applied to extended your son's status. But that ship has sailed at this point.
He's out of status in Canada and it's too late to restore status. The only way to restore status at this point would be for him to leave Canada and then re-enter. If he remains in Canada, there is no way to restore his status or maintain his status. He will need to remain out of status.
I don't believe that him being out of status will impact the sponsorship process.Thank you, He is only 3.5 years old, so it is not possible for him to leave the country on his own, and we are unable to accompany him. Will being out of status impact the sponsorship application I intend to submit? Additionally, can we apply for a study permit for him? My concern is ensuring he remains legally present in Canada so he can be covered by my job's medical insurance, aside from ensuring the sponsorship application is not affected.
Again, the only way to restore his status at this point is for him to leave Canada and then re-enter (obviously he wouldn't do this on his own but one of his parents would accompany him). It's not possible to restore his status and get him legal status in Canada by remaining in Canada. No, applying for a study permit will not work. If you are unable to leave Canada, then he will need to remain in Canada without status.
So your wife should accompany him outside of Canada and then they return as visitors. Then apply for their PR inland.Thank you, He is only 3.5 years old, so it is not possible for him to leave the country on his own, and we are unable to accompany him. Will being out of status impact the sponsorship application I intend to submit? Additionally, can we apply for a study permit for him? My concern is ensuring he remains legally present in Canada so he can be covered by my job's medical insurance, aside from ensuring the sponsorship application is not affected.
He is out of status so even applying for a study permit will be difficult. It will not be processed inside Canada.
Thank you. It is not an option for any of us to leave Canada at the moment. Hopefully, this will not affect his sponsorship application.So your wife should accompany him outside of Canada and then they return as visitors. Then apply for their PR inland.
He is out of status so even applying for a study permit will be difficult. It will not be processed inside Canada.
But if circumstances change and they leave Canada next summer, will there be a risk of being unable to re-enter after being out of status for about a year?Thank you. It is not an option for any of us to leave Canada at the moment. Hopefully, this will not affect his sponsorship application.
Why can‘t your spouse leave if she is a visitor. You haven’t started the PR inland application yet. The longer he stays illegally then chances of him being denied entry are greater.Thank you. It is not an option for any of us to leave Canada at the moment. Hopefully, this will not affect his sponsorship application.
We have two kids, one of whom was born here and is already a Canadian citizen. The only option for them to leave is to the Middle East, as they do not have valid visas for nearby countries. Additionally, I cannot afford the approximately $6,000 required for a round-trip flight.Why can‘t your spouse leave if she is a visitor. You haven’t started the PR inland application yet. The longer he stays illegally then chances of him being denied entry are greater.
Ask a lawyer if PR application will be processed with a child that is out of status in Canada.We have two kids, one of whom was born here and is already a Canadian citizen. The only option for them to leave is to the Middle East, as they do not have valid visas for nearby countries. Additionally, I cannot afford the approximately $6,000 required for a round-trip flight.
From my online research, it seems the application can be processed, but I’m unsure if being out of status might negatively affect the decision. I wanted to know if there are any positive experiences that could help ease my concerns. Also, do I need to wait for my PR renewal to be approved before applying for sponsorship, or is submitting the renewal application sufficient?Ask a lawyer if PR application will be processed with a child that is out of status in Canada.