Out of status , please help !!!

[pranav96]

I was graduated in dec 2018 and applied for PGWP after study permit expired , Work permit got rejected and re applied with restoration and got rejected again . What other options do I have ? I have my to be wife here in Canada with study permit . Can I marry her and apply for Spouse OWP ? What are the pros and cons
Please give me some guidelines !

 

[Muj]

I would say never overstay. I did in the past and I am still facing consequences. Some consultants/lawyers may suggest you to apply for a TRP but don't. It gets refused all the time. It will be best for you to leave in less than a 30 days. Since every case if different because it depends on the time you spent in Canada and your ties, I would say consult a good lawyer and ask about your options.

 

[pranav96]

thank you very much for your reply , what was your case if you don’t mind please

 

[Muj]

I overstayed because I was really sad and depressed after the refusal. My study permit was refused with restoration. So I overstayed for 6 months and applied for TRP and the TRP refused too. I came back to India and now I am working. I am happy here but I would have been more happy in Canada may be.

 

[canuck_in_uk]

I was graduated in dec 2018 and applied for PGWP after study permit expired , Work permit got rejected and re applied with restoration and got rejected again . What other options do I have ? I have my to be wife here in Canada with study permit . Can I marry her and apply for Spouse OWP ? What are the pros and cons
Please give me some guidelines !

If you graduated in Dec 2018, you have been in Canada illegally for a close to a year or more. You cannot legalize your status from within Canada and need to leave. You can certainly get married but given your overstay, you have little chance of being approved for a work permit.

 

[bongoman]

Why was your restoration & pgwp rejected sexond time? At this point there are no realistic options for you to remain it seems.

 

[Quelaag]

I was graduated in dec 2018 and applied for PGWP after study permit expired , Work permit got rejected and re applied with restoration and got rejected again . What other options do I have ? I have my to be wife here in Canada with study permit . Can I marry her and apply for Spouse OWP ? What are the pros and cons
Please give me some guidelines !

You can marry her and apply for PR through spousal sponsorship (inland). Make sure you have very solid case and there is no doubt about your relationship being genuine. Do not work while out of status and be sincere and remorseful in your application. Write an explanation letter. You will not be able to work until/if your whole application gets approved as I don't think you can get OWP anymore in your case.
I was out of status in Canada for 4 years when I applied for spousal PR and received it 7 months later without any questions asked. That said, every case is different and you need to be ready to leave Canada and apply outland if it doesn't work out.

 

[canuck_in_uk]

You can marry her and apply for PR through spousal sponsorship (inland). Make sure you have very solid case and there is no doubt about your relationship being genuine. Do not work while out of status and be sincere and remorseful in your application. Write an explanation letter. You will not be able to work until/if your whole application gets approved as I don't think you can get OWP anymore in your case.
I was out of status in Canada for 4 years when I applied for spousal PR and received it 7 months later without any questions asked. That said, every case is different and you need to be ready to leave Canada and apply outland if it doesn't work out.

?

No one in this situation is a Canadian citizen or PR, so spousal sponsorship is not an option.

 

[Quelaag]

?

No one in this situation is a Canadian citizen or PR, so spousal sponsorship is not an option.

?

No one in this situation is a Canadian citizen or PR, so spousal sponsorship is not an option.

Oh! I misread as I thought his wife was a canadian citizen. My bad. In that case there is really nothing he can do.

 

[pranav96]

thanks for replies , one last doubt lawyers suggested to get married as soon as possible and apply for Spouse open work permit .
my question is Shall I leave to home country and apply for Spousal OWP or can I do a inland application
I’m already out of status
Which works better
Please

 

[bongoman]

thanks for replies , one last doubt lawyers suggested to get married as soon as possible and apply for Spouse open work permit .
my question is Shall I leave to home country and apply for Spousal OWP or can I do a inland application
I’m already out of status
Which works better
Please

You cant restore status in Canada if you are past the 90 day mark.

 

[pranav96]

Okay what are the chances of my spouse open work permit gets accepted ??
Am gonna leave Canada and then apply ?
Am already out of status for a year
So what are the chances ??

 

[bongoman]

Okay what are the chances of my spouse open work permit gets accepted ??
Am gonna leave Canada and then apply ?
Am already out of status for a year
So what are the chances ??

Impossible to say but overstaying will probably count against you.