My spouse hasn't filed my sponsorship papers

[Svulehsi]

I got married in June and my spouse has not filed my sponsorship papers as yet. She is also saying that she regrets marrying me and won't file the papers. What are my options? I can not seem to find any help on any other forum. It seems like this is a unique situation. How do I stay in Canada if my spouse refuses to file the sponsorship papers?

 

[scylla]

You'll need to qualify to immigrate on your own through an economic immigration program like FSW/Express Entry or one of the Provincial Nomination Programs. You can't force your spouse to sponsor you - and your spouse has no legal obligation to sponsor you. You're pretty much on your own and will have to qualify to immigrate on your own.

Information about Canada's immigration programs can be found here: http://www.cic.gc.ca/english/immigrate/apply.asp

Good luck.

 

[Svulehsi]

Will I have to leave the country since I came here under a temporary workers permit that expired in September?

 

[scylla]

Will I have to leave the country since I came here under a temporary workers permit that expired in September?

Did you apply to extend your status or change your status to visitor before your status expired in September? (Simply being married to a Canadian doesn't give you the right to remain in Canada.)

When did you status expire in September? What date?

 

[Svulehsi]

I applied to change my status to a visitor's status and my actually visa expired August29th.

 

[Rob_TO]

I applied to change my status to a visitor's status and my actually visa expired August29th.

Did you apply to change your status to visitor before or after Aug 29?

If your request for visitor status is approved you can stay in Canada a little while longer. If it's rejected, you'll need to leave Canada immediately after else you will be here illegally. As mentioned being married to a Canadian gives you no rights or privileges to stay here, unless your spouse chooses to sponsor you for PR.

 

[Svulehsi]

I applied to change my status to visitor before it expired but they sent back my application because it was incomplete so I completed it and sent it back to them after my status expired.

 

[Svulehsi]

Do I qualify for implied status?

 

[scylla]

Do I qualify for implied status?

No - you don't have implied status. You're out of status in Canada.

It's also too late to apply to restore your status from within Canada.

At this point your one real option is to leave Canada. Once you are outside of Canada, you can certainly apply to return.

 

[Svulehsi]

What if I can try to make up with my spouse? What if they sponsor me?

 

[Svulehsi]

Also if I leave and my visa is approved can I come back? And is it impossible for me to stay until my visa is either approved or declined?

 

[scylla]

Also if I leave and my visa is approved can I come back? And is it impossible for me to stay until my visa is either approved or declined?

Your visa is guaranteed to be refused because you applied one you were already out of status.

Again, you're out of status in Canada now and it's too late to apply for restoration. You need to leave Canada to restore your status.

 

[scylla]

What if I can try to make up with my spouse? What if they sponsor me?

Your spouse can sponsor you if you make up. However since you're out of status, you can expect the application processing to take longer than usual and also that CIC will look into your relationship more closely to ensure it's genuine.