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Questions about spousal sponsorship

SophiaSalah

Member
Mar 13, 2017
18
2
Hello,
My partner and I got married last month and his legal status is expired. Can I still sponsor him? And if so, can he get a work permit for the time he doesn't get his PR?

Thank you.
 
Mar 14, 2017
1
0
I was just reading about this today. When you are sponsoring someone to live in Canada, the sponsored person MUST have legal stay documents in order to be sponsored. If you want your spouse to be able to work you are able to apply for an open work permit once they have proper documentation that allows them to stay in Canada as they wait for the family class visa.

This has a lot of good information for what youre looking for.
cic.gc.ca/english/immigrate/sponsor/spouse.asp
 

Hurlabrick

Champion Member
Sep 4, 2016
2,358
575
Ottawa, ON
Visa Office......
London
App. Filed.......
23-06-2016
AOR Received.
12-07-2016
File Transfer...
23-08-2016
Med's Done....
08-06-2016
Passport Req..
21-12-2016
VISA ISSUED...
24-12-2016
LANDED..........
11-04-2017
SophiaSalah said:
But his legal status expired a few days ago. What worse could happen now? Is there no way I could sponsor him?
The CIC definition seems pretty clear about this, check the link below:

http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp#who

Under the heading 'Sponsoring your spouse or common-law partner who lives with you in Canada' (about 1/5th of the way down the page). It says under the second bullet point 'have legal immigration status'. There is nothing about 'a few days here or there doesn't matter' and the one thing you can count on government departments around the world to do, it is to interpret the statements very literally. So I suggest it is binary, they either are or are not of a legal status - in your case I am afraid 'not'.

You can of course sponsor him via outland sponsorship if / when he returns to his country of origin. He would have to stay there until your application is properly lodged (ideally until Sponsor Approval), then he could perhaps try to come back to Canada under 'dual intent', but it is up to CBSA whether or not they would admit him under a visitors visa, which may be less likely if he has already overstayed.

I am not sure if you can apply for an extension to a visitors visa now (specifically what your chances are that it might be approved) and apply inland - others will be better placed to offer a view on this that me.
 

Caroliner1978

Star Member
Mar 8, 2015
82
2
Toronto, Ontario
Category........
Job Offer........
Pre-Assessed..
Read about restoring his status here:

http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/restoration.asp

That would be step one.
 

sylvain1

Champion Member
Nov 2, 2016
2,211
1,162
Quebec
Visa Office......
Montreal
App. Filed.......
12-08-2015
AOR Received.
07-11-2015
Med's Request
07-12-2016
Med's Done....
21-12-2016
LANDED..........
26-05-2017
Maybe he can try to apply first for a restoration of status if his status is expired for less than 90 days. If it is accepted, you can sponsor him inland and apply for an open work permit; if he is denied, you will have to sponsor him outland.