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sponsoring family class within canada

eightbelles

Full Member
Jun 28, 2013
21
0
Hi ,
I hope someone can help me , I met my bf online and he moved her with a work permit and has lived with me for 2 years , his work permit expired. He is just living with me and not working. On the application it asks for an immigration document confirming his status in canada would he now be a visitor? Or does that even matter for family class ? Just not sure what they are looking for.
Thank you
 

davek1979

Hero Member
Sep 26, 2012
324
16
Category........
Visa Office......
Mexico City
Job Offer........
Pre-Assessed..
App. Filed.......
07-05-2012
Doc's Request.
16-10-2012
AOR Received.
16-10-2012
Med's Request
16-10-2012
Med's Done....
22-10-2012
Interview........
N/A
Passport Req..
15-03-2013
VISA ISSUED...
04-04-2013
LANDED..........
13-04-2013
If he did not extend his work permit or apply for an extension as a visitor, then he has no status in Canada.
 

eightbelles

Full Member
Jun 28, 2013
21
0
Thank you for your reply , what should we do now ? since he cant renew his work permit because he had to wait for a lmo and lost his job?
 

shortymac

Full Member
Feb 22, 2012
37
0
Toronto
Category........
Visa Office......
Ottawa - CPP
Job Offer........
Pre-Assessed..
App. Filed.......
Jan 7th, 2013
Nomination.....
Stephanie McNamara
AOR Received.
Feb 13th, 2013
Med's Done....
Nov 20th, 2012
Interview........
Waived
Passport Req..
July 5th, 2013
VISA ISSUED...
Aug 28th, 2013
LANDED..........
August 29th, 2013
I do suggest finding an immigration lawyer to discuss the situation.

Did your husband leave and then re-enter Canada after his work permit expired? If so he would probably have a "visitors visa", if not he may have "overstayed" his work visa which can be a problem, despite him not working.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
eightbelles said:
Thank you for your reply , what should we do now ? since he cant renew his work permit because he had to wait for a lmo and lost his job?
You do not need an immigration lawyer, so don't waste your money on that. His options are quite simple.

If his work permit expired less than 90 days ago, he can apply for Restoration of Status. Along with that, he will need to submit an app to change his status to visitor. There is no guarantee that it will be approved; if it isn't, he will be told to leave Canada. It would be advisable to include proof of the sponsorship app, such as the fee receipt, his medical receipt etc.

If it has been more than 90 days since expiry, then restoration is not a possibility and his status will remain illegal unless he leaves the country. If he stays in the country as an illegal, it doesn't really affect the sponsorship app. CIC clearly states that a person without status in Canada is still allowed to be sponsored. The catch is that he can be deported from Canada at any time and that will complicate your application (or completely cancel it if you apply inland). So the better option is for him in that case is to leave Canada and apply outland; he can still try to come back as a visitor while the PR app is processing.
 

eightbelles

Full Member
Jun 28, 2013
21
0
Hi Guys ,
Thanks for the info , he has a employer that is waiting to employ him he's going thru the labor market opinion and they hired a lawyer to do it , I think we will just wait it out till it comes in and go to the border and renew it with a new work permit. I'm sure he will be okw ith that.