Questions about spousal sponsorship

[SophiaSalah]

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.

 

[KristinandAayush]

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

 

[SophiaSalah]

But his legal status expired a few days ago. What worse could happen now? Is there no way I could sponsor him?

 

[Hurlabrick]

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]

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]

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.