Sponsoring my wife out of status(living together for 6yrs)

[Achamay]

Heres our Case:
My wife and i are living together for almost 6 yrs now (married for 4years). Shes a foreign worker and i am not able to apply for sponsorship yet as i needed to deal some issues from previous marriage/child support (issues had been resolved) Her work permit expired Last Aug 2014 along her temporary resident permit since then i am supporting her. She failed to renew her TRP because shes busy looking for new employer. October 2014 when her prospect employer got the LMIA approval/number because of thr delays, She submitted here work permit/restoration application last Jan. 23,2015. And it took them a long time to review/process the application (Jan 23- June 19) June 19,2015 she recieved email from CIC that her application has been refused and need to leave Canada immediately. What i dont understand is why they didnt even consider the fact that shes married to a Canadian citizen and need the restoration for her to have legal status so we can proceed for the sponsorship.

My question are:
1. I dont want her to go back home, is there any chance to appeal so that she can re-apply for TRP?
2. Can she still stay with me in canada while processing the sponsorship even shes out of status?
3. What about humanitarian and compassionate reason, can we do that?

ANY HELP,Suggestion and Advice is very much appreciated!

 

[saria1]

Per the CIC website, she had to apply within 90 days of falling out of status to even be considered for a possible restoration.

"Loss of temporary resident status:

You lose your temporary resident status and authorization to work if your status has expired, you did not comply with all of the conditions on your permit or you have worked or studied without a required permit. If you have lost your status, you may have committed an offence under the Immigration and Refugee Protection Act and could be subject to an admissibility hearing that could lead to your removal from Canada.

If your temporary resident status expired and you wish to stay in Canada, you may apply for restoration of status within 90 days of your permit expiry date or you must leave Canada. If you wish to apply for restoration, complete the enclosed application providing full details of how you came to commit the offence. There is no guarantee that your application will be accepted. See the section Restoration of Status."

http://www.cic.gc.ca/english/information/applications/guides/5553ETOC.asp

Your wife went WAY past 90 days.

1. I don't know, hope a senior member will chime in.
2. The site says that the applicant can be out of status. But I've seen some members say you must be in status, or in status when the app is submitted.
3. I think this needs to be something truly legitimate. There are many spouses waiting long periods of time, away from their spouses, while waiting on the PR to be approved. Plus, I would think she probably stands to be rejected, because you, her spouse, could very easily sponsor her.

I'm sure some senior members will have great advice, this is just my 2 cents, with no experience in this situation.

 

[truesmile]

1. No
2. No
3. Only because you don't want her to leave, "no".

 

[Help22]

Truesmile is this a helpful answer I am not sure how to take that. Sorry if I misunderstood. Achamay I am also out of status a little less than your wife but that's not the point. I did wrong. I did what I thought was best for my child. I have applied Outland but I wish I never I never I wish I did inland. ( not that anything has happened just risky )

 

[canuck_in_uk]

1. No, there is no appeal. She needs to leave Canada immediately. She has been ordered to leave and must comply. If she stays, she will most likely end up being deported. This will significantly complicate and delay a future PR app.

2. No, as I explained above.

3. Marriage to a Canadian doesn't count as an H&C reason for her to be able to stay. As a Canadian citizen, you are free to go with her and live outside of Canada while her sponsorship app is processed.