Expired Visitor Visa before applying for PM

[sm08]

I'm aCanadian (born and raised), my boyfriend is Romanian.

We met in April 2011 and have been together ever since. In November 2011 his visitor visa expired but he stayed in Canada. He has not worked since he's been here, his dad gives him money every month to help him out and I work full time to also support us. We've lived together since December 2011 and we submitted our application for common law sponsorship in April 2013- after living togther for more than the 1 year requirment.

I want to know if we will be automatically denied since his status expired before we put through our application? Will it work against us that he didnt leave?

 

[zardoz]

I'm aCanadian (born and raised), my boyfriend is Romanian.

We met in April 2011 and have been together ever since. In November 2011 his visitor visa expired but he stayed in Canada. He has not worked since he's been here, his dad gives him money every month to help him out and I work full time to also support us. We've lived together since December 2011 and we submitted our application for common law sponsorship in April 2013- after living togther for more than the 1 year requirment.

I want to know if we will be automatically denied since his status expired before we put through our application? Will it work against us that he didnt leave?

It will not automatically result in a refusal. Are you submitting an inland or outland application?

 

[sm08]

We submitted an inland application.

 

[zardoz]

In that case, while the PR application will not actually "protect" him, it's "public policy" that he can be out of status when the application is submitted, and as far as I know, during the whole of it's processing. This should not be a problem. Probably not a good idea to leave Canada while it's ongoing though, as there is no guarantee that he would be readmitted, thus killing the application.

 

[screech339]

He will not be "protected" until he gets past his first stage AIP when he will be brought "back into status". Since the first stage is about 10 months, he will be out of status for 10 months. If he leaves during this time, he will most likely be denied back probably on account that he overstayed his visa permit. He is best to remain in Canada, laying low at least until he gets his AIP stage.

 

[sm08]

Thank you for your replies!

He definitely won't be leaving Canada while our application is still in process.

Thanks again.

 

[Ponga]

I thought that the applicant needed to also submit an Open Work Permit (or similar study permit application) along with the Inland sponsorship application to have his status restored with AIP? I didn't think that an Inland application in and of itself would do that.

There was an Administrative Deferral of Removal that CBSA had implemented regarding the policy, but that seems to have ended in Nov 2011. It's unclear what CBSA's position is now regarding their acceptance of CIC's public policy, but this statement, from early 2012 (found on another site) seems to shed some light:

The public policy re: administrative deferral of removal in cases where In-Canada Spousal is filed before PRRA-notification is no longer in force as of Novemeber of last year. HOWEVER... according to CBSA, they will now try to aim to finalize In-Canada spousals at the time of issuing PRRA decision so that, both decisions are issued at the same time, and there's no need to ask for deferral of removal... Having said that, because these policy changes are still so new, we haven't actually seen how they are applied in practice... So, perhaps you will be receiving both decisions around the same time, OR, and this is my prediction (unfortunately), a deferral request followed (if not granted) by a Stay Motion (on the basis of the pending Sponsorship) will become necessary.

Since you're likely to have AIP sooner than later, he must have been one of the lucky ones.

Good luck!