Spousal/Family Class Sponsorship - Legal Status in Canada

[gtbond]

I recently got married and my wife is on student visa right now which is expiring in September. Does below quoted paragraph mean she can stay with me in Canada without any kind of legal status after September if I've applied for her Inland sponsorship by then? Or it only mean we are eligible to apply inland and she may have to go back to Country of her Citizenship?

If we apply Outland:

• Can she still stay with me in Canada? or she has to go live in country from where we are applying?
• Is there any way she can stay with me in Canada without enrolling her into study?

Application for Permanent Residence from within Canada – Spouse or Common-law Partner in Canada class (IMM 5289)

Maintaining legal status

Spouses and common‑law partners of Canadian citizens and permanent residents in Canada who wish to
apply for permanent resident status are no longer required to have legal immigration status provided
that they have an eligible sponsor. All other eligibility requirements continue to apply.
Important information. Applicants who wish to be able to continue to work and study in Canada
must submit an application for extension before the work or study permit expires.

 

[scottishmaple]

What does below paragraph mean? It's in Guide 5289 under Application for Permanent Residence from within Canada – Spouse or Common-law Partner in Canada class (IMM 5289)

I recently got married and my wife is on student visa right now which is expiring in September. Does above paragraph mean she can stay with me in Canada without any kind of legal status after September if I've applied for her Inland sponsorship by then? Or it only mean we are eligible to apply inland and she may have to go back to Country of her Citizenship?

If we apply Outland:

• Can she still stay with me in Canada? or she has to go live in country from where we are applying?
• Is there any way she can stay with me in Canada without enrolling her into study?

No, it just means that the VO can't deny you approval of PR based on the fact that she would not have an immigration status.

If you are able to (I am not sure if you can if she has already had a student visa) apply for a change of status online to a visitor one month before the student visa runs out. While you are waiting on this visitor visa, she will have implied status. Please bare in mind that I do not have all the facts about your situation...i.e country of origin etc so it is hard to give more information.

You can apply for PR Inland or Outland (even when residing in Canada). There are pros and cons to both these routes.