Spousal Sponsorship while out of status

[Hady]

Hello
I will try to be as short as possible while providing enough information to get your kind opinions.
We landed in 2006, wife and kids stayed here for 3 years. They applied for citizenship and left to join me back home. Unfortunately, it took time to receive test invite and while in her way for the test in 2014 she was stopped at the airport for violation of RO. Se appealed, lost the appeal, appealed again for the Federal court in 2018, lost it as well. She applied for PR under H&C but got refused in August 2019 and since then waiting for a departure order. She has been here since 2017 with Canadian daughter.

In the meantime, my sons and I crossed the border three years ago and managed to renew our PR that we received last month.
Now, I want to sponsor my wife (been married for 27 years) while she is out of status. I heard in this forum about applying for inland sponsorship under the Public Policy.
Please advise what's the best route to sponsor my wife, is it inland, outland or inland using the Public Policy. Hopefully we will be able to do that before she receives a departure order.

Thank you in advance

 

[scylla]

Hello
I will try to be as short as possible while providing enough information to get your kind opinions.
We landed in 2006, wife and kids stayed here for 3 years. They applied for citizenship and left to join me back home. Unfortunately, it took time to receive test invite and while in her way for the test in 2014 she was stopped at the airport for violation of RO. Se appealed, lost the appeal, appealed again for the Federal court in 2018, lost it as well. She applied for PR under H&C but got refused in August 2019 and since then waiting for a departure order. She has been here since 2017 with Canadian daughter.

In the meantime, my sons and I crossed the border three years ago and managed to renew our PR that we received last month.
Now, I want to sponsor my wife (been married for 27 years) while she is out of status. I heard in this forum about applying for inland sponsorship under the Public Policy.
Please advise what's the best route to sponsor my wife, is it inland, outland or inland using the Public Policy. Hopefully we will be able to do that before she receives a departure order.

Thank you in advance

I would personally apply outland in case the departure order kicks in and she has to leave. But others might have other views on this.

 

[Hadysaade]

I would personally apply outland in case the departure order kicks in and she has to leave. But others might have other views on this.

Thank you Scylla for your input.
I wonder if a lawyer is needed for this situation or getting the help of a consultant is enough, because using the public policy might be useful and in this case inland sponsorship is needed.
I hope I can get more views on our case.

Thank you

 

[scylla]

Thank you Scylla for your input.
I wonder if a lawyer is needed for this situation or getting the help of a consultant is enough, because using the public policy might be useful and in this case inland sponsorship is needed.
I hope I can get more views on our case.

Thank you

If you want to use paid help, hire a lawyer. Either do it yourself or hire a lawyer.

I would not use a consultant for a case like this. Consultants only know the basics and we've seen too many of them mess up anything slightly complicated. I would not recommend a consultant.

 

[Hadysaade]

If you want to use paid help, hire a lawyer. Either do it yourself or hire a lawyer.

I would not use a consultant for a case like this. Consultants only know the basics and we've seen too many of them mess up anything slightly complicated. I would not recommend a consultant.

Thank you for your feedback.
If I want to do it myself, I need to understand what route to take:
1- Inland using the public policy (disadvantage is that there’s no appeal, and if she was asked to leave we have to start all over again by applying Outland)
2- outland and she has to leave ( we can appeal, but no public policy)
3-3rd option in the application which is inland but ready for an interview outside Canada if required.
The reason I am asking for a help or paid help is to understand the best route to take bearing in mind that if we applied inland with the use of public policy and she was asked to leave later on, the removal order can be deferred for 60 days and we can also apply for ERAR and gain time until sponsorship is completed
Hope this explanation will help getting more views
Thanks

 

[scylla]

Thank you for your feedback.
If I want to do it myself, I need to understand what route to take:
1- Inland using the public policy (disadvantage is that there’s no appeal, and if she was asked to leave we have to start all over again by applying Outland)
2- outland and she has to leave ( we can appeal, but no public policy)
3-3rd option in the application which is inland but ready for an interview outside Canada if required.
The reason I am asking for a help or paid help is to understand the best route to take bearing in mind that if we applied inland with the use of public policy and she was asked to leave later on, the removal order can be deferred for 60 days and we can also apply for ERAR and gain time until sponsorship is completed
Hope this explanation will help getting more views
Thanks

Option 3 is not an option. If the application is inland, the interview can only happen within Canada.

You have to decide between 1 & 2.