Inland sponsorship.. Help please

[ama25]

Is my husband required to have legal status in order to be sponsored by me under the family classs?

I ask this question because the CIC information is confusing sometimes they say you can sponsor your spouse even if they have no legal status but sometimes they say your spouse need legal status in order to be sponsored by you. So which is? Can you or can't you? Thankss

 

[rhcohen2014]

i am not understanding your question. who is the sponsor? you or your husband?

if your husband is the sponsor, is he a permanent resident or citizen of canada? a sponsor must be one of those to qualify as a sponsor or is he currently applying for PR and wanting to include you as a spouse in the application?

pleas clarify so people can answer your question.

 

[ama25]

I'm a Canadian citizen and I want to sponsor my husband who has no status.

 

[tink23]

Is my husband required to have legal status in order to be sponsored by me under the family classs?

I ask this question because the CIC information is confusing sometimes they say you can sponsor your spouse even if they have no legal status but sometimes they say your spouse need legal status in order to be sponsored by you. So which is? Can you or can't you? Thankss

In the actual guide, it doesn't say anymore that legal status is not required, however, there is still some written paragraphs that state legal status is not required. This is where your confusion lies. No one knows for sure, but it is said to follow what the guide says.

There are still people applying inland, I believe, who don't have legal status. I don't know if they have been denied because they don't have legal status, but I don't think they have been.

What country is your husband from? You might be better off sponsoring him OUTLAND, and even if he has to leave Canada, the entire process could be finished in just a few short months.

 

[rhcohen2014]

I'm a Canadian citizen and I want to sponsor my husband who has no status.

my mistake. i misread your original question.

i will defer to others who know the inland process better, though i do believe it is possible to apply inland without status. it's obviously not recommended. has he been without status for over 90 days? as tink said, he can leave and apply outland and try to return to canada. there's a good chance CBSA wouldn't even know about his overstay and not give him an issue with entry, depending on how long his overstay was.

 

[ama25]

Thank you alot. He's from Costa Rica and has been here without status for 2 years. We have a child together I work and he doesn't work since he stays home with our child and our child will be going to school and will start playing Hockey soon as well so we need to be together. Our situation is complicated I mean I really need him here during the application is processed

 

[brucem]

Thank you alot. He's from Costa Rica and has been here without status for 2 years. We have a child together I work and he doesn't work since he stays home with our child and our child will be going to school and will start playing Hockey soon as well so we need to be together. Our situation is complicated I mean I really need him here during the application is processed

The inland application guidance clearly states that those applying need to have legal status although the rest of the guide hasn't been updated which as previous posters stated causes confusion. The problem is that either way you are going to have to inform CIC that your husband is out of status whatever way you apply. There is a risk that he could be deported by the CBSA, nobody can really give you a definite answer, its a risk you now have to take because he hasn't kept status in Canada.

 

[Zakmalik]

From what I understand he doesn't need to have legal status, that is what I have been told, and that's what it says on the website, I am in the same situation as you with my husband, he has also overstayed because he does not want to leave our children , I am currently working on the inland application and will explain why he stayed passed his visa

 

[ama25]

Thank you so much..

 

[Zakmalik]

Thank you so much..

. you're welcome hopefully all goes well for you

 

[Ponga]

As already stated, the Inland Guide was updated last September and now states that legal status is required. The Guide was updated again earlier this year and that language remains.


Since February 2005 a person without status could still qualify for Inland sponsorship under a Public Policy that was in place. The change to the Inland Guide would seem to imply that this has changed, but since the Guide is the only place where this is mentioned...who really knows what, if anything, has really changed.

Calling the CIC Call Centre would probably only add to the confusion. At this point, all you can do is submit the application and hope for the best.


Good luck.