Spousal Sponsorship Refused-Concerns/Options/Questions?

[Ava11]

Hello,

I am a Canadian Permanent Resident and married my husband overseas in 2016. At the time, I was living outside Canada and made the mistake of hiring a lawyer and applying for his PR through spousal sponsorship. Even though, I was aware of the law that the permanent residents had to live inside Canada to be eligible for sponsorship, I was convinced by our lawyer that it would be possible! In July 2018, we received the refusal letter and now have to make some important decisions regarding our next steps. We are planning on moving to Canada early next year to restart the application and still have not decided on the inland or outland application. However, we are facing some dilemma....

1. My husband is eligible for an ETA and does not require a tourist visa. In the ETA form in the Background questions it asks: "Have you ever been refused a visa or permit, denied entry to, or ordered to leave Canada or any other country/territory?" Should we say yes and explain that I was not eligible to sponsor him?
2. If he replies yes, would that cause a problem in his ETA issuance? What documents might he be asked to submit?
3. If he can get his ETA, could he possibly face some problems at the border? I'm asking this because I plan on flying with him at the same time. We are thinking of bringing proof of his ties to his home country and emphasizing on the fact that he will just be a visitor this time and will not overstay, but we are worried...
4. The visitor visa is usually issued for 6 months but depends on the border officer who may issue a shorter time. How short could the visa be issued for? Would there be enough time to apply for an extension if necessary?
5. Which option of inland vs outland would be better? I realize there are advantages to each one: INLAND: being together/OWP/ OUTLAND: freedom to travel and leave Canada/possibility to appeal in case of refusal
6. If by any chance, we decide to apply for inland and he stays would we be in trouble for changing our minds later? Because in that case he would have to cancel his return ticket, and we should be applying for Open Work Permit. Could this later be known as misrepresentation?
7. Since I will be moving to Canada with him (I do not plan on leaving Canada because of my residency obligations). I have not found a job yet. Would I be able to sponsor him if I provide a bank account with sufficient funds?

Thank you so much for your help!

 

[Wakki]

answer YES...as his earlier application for PR sponsorship was refused.

better to be honest when dealing with IRCC

you may apply for visit visa extension few days before visa expiration

most sponsorship application inland or outland are processed within 12 months..

for inland sponsorship, the applicant is expected to be living inside Canada with the sponsor while the application is submitted and been processed.

there is no minimum income requirement for spousal sponsorship....need to provide explanation on jow to support yourselves.

 

[Ava11]

answer YES...as his earlier application for PR sponsorship was refused.

better to be honest when dealing with IRCC

you may apply for visit visa extension few days before visa expiration

most sponsorship application inland or outland are processed within 12 months..

for inland sponsorship, the applicant is expected to be living inside Canada with the sponsor while the application is submitted and been processed.

there is no minimum income requirement for spousal sponsorship....need to provide explanation on jow to support yourselves.

Thank you very much for your response. He was able to get his ETA in less than 2 hours, despite stating that his PR had been rejected.