Inland Spousal Sponsorship

[DerangedRabbit]

I understand that current processing times for inland spousal sponsorship are ~15 months. If a spouse is currently residing in Canada on a temporary visa (student for example), and it expires before the spousal sponsorship application is complete and even before the IRCC has granted AIP via the letter, does the spouse still reside in Canada until the application is either approved or denied? or would the spouse have to leave back to their country of origin until such time the application is completed? (if for some reason securing another temporary visa or visa extension wasn't timely, those have lengthy processing times too I see).

 

[YVR123]

I understand that current processing times for inland spousal sponsorship are ~15 months. If a spouse is currently residing in Canada on a temporary visa (student for example), and it expires before the spousal sponsorship application is complete and even before the IRCC has granted AIP via the letter, does the spouse still reside in Canada until the application is either approved or denied? or would the spouse have to leave back to their country of origin until such time the application is completed? (if for some reason securing another temporary visa or visa extension wasn't timely, those have lengthy processing times too I see).

apply to extend stay as visitor. Before the extension is approve, PA would be in implied state as visitor.
If you file an inland spousal sponsorship, there is an option to apply for OWP (currently you need to wait for AOR to apply for OWP). The application of OWP would give PA implied status as well (visitor in your case).
We have seen faster approval of sponsorship than 15 months. That really depends on PA's country and other factor but there is possibility that it can be done in less than the posted time.

And for inland application, PA stays in Canada. If you do nothing to extend his/her stay, (no extension no OWP) he/she will be staying with no status but he/she should not leave Canada during the process. Again, there is no reason why PA won't either extend his/her stay nor apply for OWP.

 

[canuck78]

I understand that current processing times for inland spousal sponsorship are ~15 months. If a spouse is currently residing in Canada on a temporary visa (student for example), and it expires before the spousal sponsorship application is complete and even before the IRCC has granted AIP via the letter, does the spouse still reside in Canada until the application is either approved or denied? or would the spouse have to leave back to their country of origin until such time the application is completed? (if for some reason securing another temporary visa or visa extension wasn't timely, those have lengthy processing times too I see).

If the person isn’t actively studying the schools report them and they lose status in Canada. Are the currently attending classes? Have to be studying to remain in Canada on the study permit.

 

[Ponga]

I understand that current processing times for inland spousal sponsorship are ~15 months. If a spouse is currently residing in Canada on a temporary visa (student for example), and it expires before the spousal sponsorship application is complete and even before the IRCC has granted AIP via the letter, does the spouse still reside in Canada until the application is either approved or denied? or would the spouse have to leave back to their country of origin until such time the application is completed? (if for some reason securing another temporary visa or visa extension wasn't timely, those have lengthy processing times too I see).

Further to what @YVR123 and @canuck78 have stated...

A person can apply for Inland Sponsorship without having legal status. It's never the best option, but there is a Public Policy in place that allows for this. Keep in mind that if the application (which now must be submitted online - no more mailing an application package) is received and the applicant receives an AOR (Acknowledgement of Receipt), that's when the applicant is eligible to apply for the OWP (online). If the applicant has not received the AOR before their current status expires, then they would need to wait for AIP before applying for the OWP, but...at that point they may be very close to completing the process, so the OWP may not be worth the expense.