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Spouse/Common-Law Partner Inland Sponsorhip for Open Work Permit

anna111

Star Member
May 1, 2012
50
3
I am a TFW (Temporary Foreign Worker) for almost 3 years and been in a common-law now to a marriage relationship to a refugee claimant who withdrew his claim for some issues. I am 9 months pregnant and only waiting for the day to deliver our daughter. My husband withdrew his refugee claim and only waiting for the departure order which troubling us a lot because of my current situation. By the way, we met here in Canada. This refugee and departure thing really bothers me a lot that gave me so much stress and depression. I am thinking of sponsoring him as an accompanying spouse and apply in-land or inside since he's already here and have an open work permit too. I am also now in the process of applying for my PR and as his wife he will be included. I am under the NOC 6 - 311 Food Service Supervisors. My one and only concern is that I don't want him to leave Canada and me and our daughter behind. My questions are: 1) will he be staying here with us if I apply him as an accompanying spouse and me as a PR applicant?, 2) what are the process/things to do on my end and on his end since he's a refugee claimant withdrawee? Appreciate your concern and advise friends. Don't know what to do here.
 

scylla

VIP Member
Jun 8, 2010
94,947
21,575
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
1) No - sorry - this won't let him stay in Canada. Once he receives the departure order, he needs to leave Canada before it turns into a deportation order.

Once he is home - I don't think there will be any point in applying for either a TRV or open work permit as your spouse/common law partner. Since he is a failed refugee claimant, CIC will assume he wants to stay in Canada long term and will refuse these.

I think your only option is for him to leave Canada and wait for your PR application to be processed. Once he is issued a PR visa - he will be able to return to Canada. Again, it's very important he leave before the departure order turns into a deportation order - otherwise your PR application will take significantly longer to process.

Good luck.