Out of status International Student

[Rose Anjum]

I am an International student in Toronto and recently applied for my PGWP. My boyfriend also entered on a student visa but did not renew nor could restore over 90 days period after expiry of his study permit. He also overstayed for nearly 1 year. We've been dating since 1 year but we did not live together thus, we cannot yet apply for Common-Law sponsorship I'm assuming. We were supposed to get married by the end of 2022. Since, he's out of status he's willing to go to refugee route without much solid evidences nor does he want to move back to his country to re-apply. I'm skeptic of him claiming as Refugee but agreed thinking will it buy us some time for him to stay before we get married?? Is there anyway we can make it to in-land Spousal sponsorship if we got married sooner? OR do I submit my PR application with him after living for 1 year as common law while I'm on my PGWP? PLEASE HELP! We can in no way tolerate the separation as our relationship is genuine & our families are involved.

 

[YVR123]

It would have been better if he applied to restore his status when it was still possible. You can look up if IRCC still have that special program to allow people to apply to restore their status to visitors during COVID.

I do not recommand him to apply as a refugee if he is not a genuine refugee . It may impact your spousal sponsorship application later on.

Oh... that special policy had already ended...
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/updates/2020-out-of-status-2.html

 

[captainarabiia]

I am an International student in Toronto and recently applied for my PGWP. My boyfriend also entered on a student visa but did not renew nor could restore over 90 days period after expiry of his study permit. He also overstayed for nearly 1 year. We've been dating since 1 year but we did not live together thus, we cannot yet apply for Common-Law sponsorship I'm assuming. We were supposed to get married by the end of 2022. Since, he's out of status he's willing to go to refugee route without much solid evidences nor does he want to move back to his country to re-apply. I'm skeptic of him claiming as Refugee but agreed thinking will it buy us some time for him to stay before we get married?? Is there anyway we can make it to in-land Spousal sponsorship if we got married sooner? OR do I submit my PR application with him after living for 1 year as common law while I'm on my PGWP? PLEASE HELP! We can in no way tolerate the separation as our relationship is genuine & our families are involved.

As others have mentioned, restoring status specially with COVID times would've been the best route. Going the refugee route won't really have great results. IRCC has been lenient during COVID times.