Out of Status and Inland Sponsorship application

[tsb_31]

Unless there are other inadmissibility issues beyond the `Lack of Status', a lawyer is usually not needed. There is a public policy in place that waives the requirement to have legal status for an Inland (SCPLC) sponsorship application. This also means that status will not be given until the applicant has received an Open Work Permit (if submitting the OWP application AFTER reaching the AIP stage, or until the PR has been given if not applying for the OWP.

There is no guarantee that your friend will not be removed from Canada, but hopefully (if they act ASAP) time will not be an enemy.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/immigration-refugee-protection-act-spousal-policy.html

4. Public interest

The Minister has determined that it is in the public interest to assess all foreign nationals, regardless of status (in spousal or common-law relationships with Canadian citizens or permanent residents), under the provisions of the Spouse or Common-law Partner in Canada class if they meet the following conditions:

• Have made an application for permanent residence either on H&C grounds or via the Spouse or Common-law Partner in Canada class;
• Are the subjects of a sponsorship undertaking that is made by their spouse or common-law partner.

Hi. Is this policy only for spouses? My 6 year old kid is out of status from 2 years and I want to sponsor him for PR. Is that allowed for minors ?

 

[paulog23]

We have just done our inland application, now just waiting for eCOPR. My husband was out of status for 5 yrs. Very do-able without lawyer unless your friend has criminal history or pending removal order.

So we are basically in the same situation my fiancee has been out of status for 2yrs we plan to marry in April and do inland spousal sponsorship we are freaking out thinking they will kick my fiancee out of canada they have no criminal background or any removal orders do you think we will be OK? And how long does it take to get Approval in principle? Please help

 

[paulog23]

Any updates on this? Op did they get permanent residency? I'm in the same situation currently my fiancee overstayed 2 years we plan to marry this April and do inland spousal sponsorship she doesn't have any criminal history or any removal orders is there anything else we should worry about? Also how long of a wait to receive AIP how long until my fiancee can get health care here? Please help.

 

[canuck78]

Any updates on this? Op did they get permanent residency? I'm in the same situation currently my fiancee overstayed 2 years we plan to marry this April and do inland spousal sponsorship she doesn't have any criminal history or any removal orders is there anything else we should worry about? Also how long of a wait to receive AIP how long until my fiancee can get health care here? Please help.

Too many unpredictable issues to anticipate what will happen. Access to healthcare after AIP is dependent on province.

 

[Jorge95]

You need to wait for AIP. You cannot apply ahead of time.

Hi, I have the same situation. I was out of status for 2 years, I got married and applied for my PR on December 2024. I applied for my OWP once I got AIP but I did not get any respond since then. I applied on April 18 2024 for my OWP and nothing. I sent them emails but they never replied to me.

Do you know why its taking too long to be approve?

 

[scylla]

Hi, I have the same situation. I was out of status for 2 years, I got married and applied for my PR on December 2024. I applied for my OWP once I got AIP but I did not get any respond since then. I applied on April 18 2024 for my OWP and nothing. I sent them emails but they never replied to me.

Do you know why its taking too long to be approve?

Did you apply for the OWP after receiving AOR or AIP?

 

[Jorge95]

Did you apply for the OWP after receiving AOR or AIP?

After AIP. I got AOR on January 2024 and AIP April 2023 and I then applied for OWP

 

[paulog23]

Hi, I have the same situation. I was out of status for 2 years, I got married and applied for my PR on December 2024. I applied for my OWP once I got AIP but I did not get any respond since then. I applied on April 18 2024 for my OWP and nothing. I sent them emails but they never replied to me.

Do you know why its taking too long to be approve?

Did they give you any trouble with your out of status? What country did you come from?

 

[fils1234]

Hi, I have the same situation. I was out of status for 2 years, I got married and applied for my PR on December 2024. I applied for my OWP once I got AIP but I did not get any respond since then. I applied on April 18 2024 for my OWP and nothing. I sent them emails but they never replied to me.

Do you know why its taking too long to be approve?

You applied for your permanent resident december 2023 and still nothing. When did you pass your eligibility? That is way too long . You should order gcms notes from ircc and cbsa

 

[Puneet1919]

Hey
Can out of status (from last 2 years) principal applicant can apply for OWP after AIP or should they wait for PR. Any chances of approval for OWP?

 

[Ponga]

Hey
Can out of status (from last 2 years) principal applicant can apply for OWP after AIP or should they wait for PR. Any chances of approval for OWP?

Yes. Once you have AIP you are eligible for the OWP.

 

[Puneet1919]

Yes. Once you have AIP you are eligible for the OWP.

I got two letters: one says that
“ This refers to the Application to Sponsor a Member of the Spouse or Common-Law Partner in Canada Class you submitted to this office on behalf of —principle applicant name— and family (if applicable).
You have met the requirements for eligibility as a sponsor. The Application for Permanent
Residence (APR) for your relative will be processed separately and he/she will be contacted
shortly.”
Another one says that “This refers to the Application for Permanent Residence you made under the Spouse or Common-Law Partner in Canada Class.

It has been determined that you meet the eligibility requirements to apply for permanent residence as a member of the spouse or common-law partner in Canada class. Please note that a final decision will not be made until all remaining requirements for becoming a permanent resident have been met. These requirements include medical, security and background checks for you and, if applicable, all of your family members, both in Canada and abroad, even if they are not applying to join you in Canada at this time. You cannot become a permanent resident until you
and all your family members have met these requirements.”

First one is sponsor’s approval and second is AIP, right?? Please reply