Spousal Sponsorship (Husband) - no status

[barrerasaldana]

Hello everyone,

My fiancee and I are getting married Sep 15 this year.. we feel very stressed out and upset because most of the immigration advisors who we've talked to say that he needs to go back to his country in order for me to sponsor him. Others say he can stay and I can sponsor him even if he has no status....

The situation is:

He applied for his visitor's visa extension and it got denied. We sent the restoration application, and we are waiting for an answer. We were planning on sending the sponsorship application as soon as we got out marriage certificate, but if the restoration is denied and he has no status at all.. can we still apply for inland sponsorship? We both want to stay together in the process... it would be very hard on us if he had to go back to wait for the application to be resolved (probably a year or more).

Please let me know if you've been in a similar situation and your opinion.

Thank you!

 

[monkeys89]

Why did the visitor's visa get denied?

 

[barrerasaldana]

We submitted it late.. and also we were in such a hurry that we forgot to upload banks statements. We are really hoping his status can be restored.

 

[Buletruck]

No requirement for him to have status for spousal sponsorship. He won't be eligible for an OWP though.

 

[Oldmacwright]

It’s possible in spousal class to sponsor someone to attain PR without the PA having a valid status,my wife landed at the end of July and had no status for well over 2 years. There are hundreds of similar stories on this forum.

Though there is always a risk CBSA may become aware of the lack of status which could invoke removal proceedings, how ever it seems once a PR app is in process this usually gives protection from that. And in many cases such as my wife’s we never heard anything from the CBSA.

It’s good you have a restoration app in as assuming it’s granted you will then be free to also apply for the OWP with the PR app.

 

[monkeys89]

I was incorrect!

 

[barrerasaldana]

Thank you all for your comments, it gives us hope! Please keep commenting we would like to get as many answers as we can.

 

[Oldmacwright]

He does have implied status until a final decision of the restoration application, I believe. And then while the spousal application is in process, he also has implied status, unless it's returned to you.

This is mostly true though you only get implied status with the PR app if you send in the OWP application with it(which gives you the implied status until the OWP is approved), so if the visitor restoration were to refused then you would not be eligible to apply for OWP so would have to go down the route of waiting for PR without any status until AIP.

I think there's a very good chance the restoration app will be approved though if additional info has been sent in with the restoration app, and the OP has made it clear they will be applying for PR as soon as they are married.

 

[canuck_in_uk]

He does have implied status until a final decision of the restoration application, I believe. And then while the spousal application is in process, he also has implied status, unless it's returned to you.

Incorrect. A Restoration app does not grant any form of status, nor does a sponsorship app.

 

[barrerasaldana]

Incorrect. A Restoration app does not grant any form of status, nor does a sponsorship app.

But are we able to apply for spousal sponsorship if he doesn't have a status?

 

[Will_PA]

But are we able to apply for spousal sponsorship if he doesn't have a status?

Yes. But he still won't have status.

 

[Attak]

Hello everyone,

My fiancee and I are getting married Sep 15 this year.. we feel very stressed out and upset because most of the immigration advisors who we've talked to say that he needs to go back to his country in order for me to sponsor him. Others say he can stay and I can sponsor him even if he has no status....

The situation is:

He applied for his visitor's visa extension and it got denied. We sent the restoration application, and we are waiting for an answer. We were planning on sending the sponsorship application as soon as we got out marriage certificate, but if the restoration is denied and he has no status at all.. can we still apply for inland sponsorship? We both want to stay together in the process... it would be very hard on us if he had to go back to wait for the application to be resolved (probably a year or more).

Please let me know if you've been in a similar situation and your opinion.

Thank you!

Under public policy a spouse who is out of status can be sponsored through inland application. However please be prepared that such application would be highly scrutinized leading to possible file transferred and interview which may bring additional delays. A work permit cannot be issued until the Applicant is able to obtain approval in principle letter.given that you have already applied for restoration and is in processes .you should immediately submit the PR otherwise a long wait could also attract CBSA to start chasing you.once your pr has been submitted, the rest is a waiting game which can go as far as 1to 2years before you can get a decision. As long as you can take care of your spouse during the entire process then inland is the best option otherwise your spouse must voluntarily leave Canada and then you file an outland family sponsorship

 

[barrerasaldana]

Update on our situation: The Restoration of Status got denied, we applied for Inland Spousal Sponsorship in October 2018 and we are now at the last stage of the Process. We got SA & AIP. We are so glad he stayed here !!

 

[RAMAN2633]

Update on our situation: The Restoration of Status got denied, we applied for Inland Spousal Sponsorship in October 2018 and we are now at the last stage of the Process. We got SA & AIP. We are so glad he stayed here !!

hey guys i have my landing interview scheduled for this Wednesday the 13th march. finally almost done and want to thank everyone for their help. i was also out of status for over 4 years when i sent my application in for those having same issues.

hi
i am out of status and we ( me and my husband) are preparing my application. but now i read that we have to submit PCC upfront and i read on consulate general office of india's website that i need to have valid status to get PCC. i am so confuse and worried. how did you got your PCC.
pls help

 

[Angelalala93]

Update on our situation: The Restoration of Status got denied, we applied for Inland Spousal Sponsorship in October 2018 and we are now at the last stage of the Process. We got SA & AIP. We are so glad he stayed here !!

Hi, when is your husband's restoration got denied? Is that before or after you apply for inland sponsorship application? Thank you!