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Visitor status expired, family class spousal sponsorship, owp

magicyte

Newbie
Jul 11, 2013
9
1
Long long story short....visitor visa for spouse and 2 children expired long time ago. Finally after 7 years I have funds to sponsor her and 2 children. We already have a child together and and another baby on the way. I am going to apply for an open work permit and an inland spousal application at the same time. I'll make sure to have police checks etc with it.

I have read before that a lack of visitor status can't be used as grounds to deny a family class sponsorship. Is that still true? She entered canada legally with her ex. We have never received any formal removal order ever. The only bad part is her visitor visa lapsed a long time ago. I kept up extending the visa's for years and it just burned money so much so we decided to save for sponsorship
 

Jnicole45

Hero Member
Jul 28, 2019
307
98
Vancouver, BC
Category........
FAM
App. Filed.......
16-05-2019
AOR Received.
24-07-2019
Yes, it is still true that lack of status can't be used as a reason for denial. Make sure when you apply that you are super clear about her lack of status, how long her visitor visa has been expired, etc. Do not lie to them or try to hide this information. There is a step in the application checklist that will ask about status, this is where you would explain all that.

It's good that there hasn't been any type of removal proceedings, however be aware that applying could potentially trigger removal proceedings. I've seen a couple people on this forum fo whom that happened. It's not guaranteed, I don't know if I would even consider it a likely outcome, but just know that it is a possibility.

Main point: be upfront and honest about your spouse's situation when you apply, she can't be denied for being out-of-status as long as you tell them.
 

Shalinis0316

Star Member
Mar 20, 2019
85
29
Without valid visitor visa or status, you can apply for inland sponsorship but not for owp. For open work permit, you must have valid status in Canada.
 

magicyte

Newbie
Jul 11, 2013
9
1
Our biggest concern is our newborn. We're told my spouse can't get provincial medical coverage without proof she will remain in the province for longer than 6 months. So stupid. We have years of tax returns to prove it. I guess I'm foggy about the owp thing because it would be nice to finally get the kids into public school and get prooer medical coverage...I was told a while back that an owp is the only thing that can do that. But now I'm starting to wonder if just the spousal sponsorship approval in principal will be enough. I earn enough so she isn't gonna hold a
 

Buletruck

VIP Member
May 18, 2015
6,667
2,521
Our biggest concern is our newborn. We're told my spouse can't get provincial medical coverage without proof she will remain in the province for longer than 6 months. So stupid. We have years of tax returns to prove it. I guess I'm foggy about the owp thing because it would be nice to finally get the kids into public school and get prooer medical coverage...I was told a while back that an owp is the only thing that can do that. But now I'm starting to wonder if just the spousal sponsorship approval in principal will be enough. I earn enough so she isn't gonna hold a
Not sure what’s “stupid” about someone who stays illegally in Canada for almost a decade not getting health coverage. Tax returns won’t entitle her to health coverage (and may complicate your application even more if she has been working illegally as well). Guess I would assume they would expect that by now. Your going to have to pay any costs associated with the birth until she is approved.
 

magicyte

Newbie
Jul 11, 2013
9
1
Our biggest concern is our newborn. We're told my spouse can't get provincial medical coverage without proof she will remain in the province for longer than 6 months. So stupid. We have years of tax returns to prove it. I guess I'm foggy about the owp thing because it would be nice to finally get the kids into public school and get prooer medical coverage...I was told a while back that an owp is the only thing that can do that. But now I'm starting to wonder if just the spousal sponsorship approval in principal will be enough. I earn enough so she isn't gonna hold a job anyways lol
Not sure what’s “stupid” about someone who stays illegally in Canada for almost a decade not getting health coverage. Tax returns won’t entitle her to health coverage (and may complicate your application even more if she has been working illegally as well). Guess I would assume they would expect that by now. Your going to have to pay any costs associated with the birth until she is approved.
What's stupid? That there is no such thing as proof that someone will remain anywhere anytime. I'm a canadian citizen...ask me for proof that I intend to stay here till next week and you won't get it. I'm all for due process but this extending visitor status crap while trying to sponsor a spouse is not right. Just a cash grab. And no...she hasn't worked. Not one day. But the cra requires taxes to be filed anyways regardless of anything so she is a spouse on my taxes, she files a return, and she also has a temporary sin number. It's rediculous that our taxes aren't enough proof for them. It's proof enough for the cra but not provincial medicare.
 

scylla

VIP Member
Jun 8, 2010
92,541
20,360
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
What's stupid? That there is no such thing as proof that someone will remain anywhere anytime. I'm a canadian citizen...ask me for proof that I intend to stay here till next week and you won't get it. I'm all for due process but this extending visitor status crap while trying to sponsor a spouse is not right. Just a cash grab. And no...she hasn't worked. Not one day. But the cra requires taxes to be filed anyways regardless of anything so she is a spouse on my taxes, she files a return, and she also has a temporary sin number. It's rediculous that our taxes aren't enough proof for them. It's proof enough for the cra but not provincial medicare.
She can't get OHIP because she is out of status. It has nothing to do with the six months.
 

Jnicole45

Hero Member
Jul 28, 2019
307
98
Vancouver, BC
Category........
FAM
App. Filed.......
16-05-2019
AOR Received.
24-07-2019
What's stupid? That there is no such thing as proof that someone will remain anywhere anytime. I'm a canadian citizen...ask me for proof that I intend to stay here till next week and you won't get it. I'm all for due process but this extending visitor status crap while trying to sponsor a spouse is not right. Just a cash grab. And no...she hasn't worked. Not one day. But the cra requires taxes to be filed anyways regardless of anything so she is a spouse on my taxes, she files a return, and she also has a temporary sin number. It's rediculous that our taxes aren't enough proof for them. It's proof enough for the cra but not provincial medicare.
You're a citizen, so the government is obligated to provide for your health care. Your spouse, while a long term resident, is neither a citizen nor a legal resident, so she's not entitled to anything from the government unless she maintains legal status in Canada. Six months is the standard time limit for a visitor to Canada, so they need her to prove that she has the legal ability to stay beyond that term (with a work/study permit or permanent resident status), and Scylla is right -- it's not about proving that she intends to stay for more than 6 months, its proving she is ALLOWED to stay beyond 6 months, so since she has no status she can't prove that.
 
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jddd

Champion Member
Oct 1, 2017
1,522
565
What's stupid? That there is no such thing as proof that someone will remain anywhere anytime. I'm a canadian citizen...ask me for proof that I intend to stay here till next week and you won't get it. I'm all for due process but this extending visitor status crap while trying to sponsor a spouse is not right. Just a cash grab. And no...she hasn't worked. Not one day. But the cra requires taxes to be filed anyways regardless of anything so she is a spouse on my taxes, she files a return, and she also has a temporary sin number. It's rediculous that our taxes aren't enough proof for them. It's proof enough for the cra but not provincial medicare.
Cash grab? Not right? How is it not right? She is living in Canada illegally, THAT is not right. You had the option of NOT applying to extend her status. You chose for her to remain in Canada even if she had no work permit and is not a permanent resident. She has NO RIGHT to be living in Canada. Be grateful that CBSA has not gone after her instead of criticizing the subsidized amount you needed to pay to attempt for her to continue staying here legally. I don't think it is the government's fault that it took you 7 years to save up the $1,340 + medical and biometric fees that you needed to sponsor her and her children. It is unreasonable to expect to be able to access provincial health care when one is here illegally.

If your biggest concern is your newborn - once he or she is born, the baby gets health coverage. The mother, having no status, does not.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,195
Visa Office......
London
App. Filed.......
06/12
Our biggest concern is our newborn. We're told my spouse can't get provincial medical coverage without proof she will remain in the province for longer than 6 months. So stupid. We have years of tax returns to prove it. I guess I'm foggy about the owp thing because it would be nice to finally get the kids into public school and get prooer medical coverage...I was told a while back that an owp is the only thing that can do that. But now I'm starting to wonder if just the spousal sponsorship approval in principal will be enough. I earn enough so she isn't gonna hold a job anyways lol


What's stupid? That there is no such thing as proof that someone will remain anywhere anytime. I'm a canadian citizen...ask me for proof that I intend to stay here till next week and you won't get it. I'm all for due process but this extending visitor status crap while trying to sponsor a spouse is not right. Just a cash grab. And no...she hasn't worked. Not one day. But the cra requires taxes to be filed anyways regardless of anything so she is a spouse on my taxes, she files a return, and she also has a temporary sin number. It's rediculous that our taxes aren't enough proof for them. It's proof enough for the cra but not provincial medicare.
Your sense of entitlement is a bit out of control.

It's not a cash grab to have to pay to maintain valid status in Canada and it is certainly no one else's fault that you couldn't save more than $3 per week for the past 7 years in order to pay for sponsorship.

It is certainly not stupid that someone in Canada illegally can't get provincial health coverage.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,759
Is her ex-husband still in Canada? If not has she been paying international student fees for the children?

Be prepared to pay around 10K for a vaginal delivery with epidural and 15k+ for a c-section. Hospitals usually want a deposit in advance. Care during the pregnancy is around 1k unless their are complications then costs can go up quickly.