Out of status spouse sponsorship application help

[Moff86]

Hi folks,



Looking for some help with a situation. Here are the details:
- My husband was originally on a work permit when we submitted an application for spousal family sponsorship with me as the sponsor - I am Canadian by birth

-My husband is Australian

- Through moving house we were unaware for a long period that the application was returned requiring additional documents

- at this time we had had our first child in Canada and we unfortunately didn’t resubmit

- It is now 2 years later and he is now in a situation where he doesn’t have status

- We’ve submitted recently an inland application for sponsorship as a spouse
We need to travel to Australia for a family reason and I am unsure if he will have issues reentering Canada (myself and children are Canadian). He doesn’t required a visa for entering as an Australian and will need an ETA.



Any guidance or help from folks that have been in similar situations would be appreciated. Thank you all!!

 

[Ponga]

No idea if he will encounter issues with CBSA, but they may be aware of his overstay. The fact that you've recently submitted an Inland (SCPLC) application is good; shows that he wants to correct the mistake and obtain legal status, but not following up on the first sponsorship application (2 years ago), may dillute that to some degree. No idea if by how much, or even at all.

Have you received anything from IRCC [yet] regarding the new sponsorship application, such as AOR? Having something to show the CBSA officer, other than saying that you have an application submitted, could only help.

Did he continue to work when his status expired? If he did...was that mentioned in the Inland application?

I can't comment on the eTA question, but I'm sure others will. I guess it all boils down to `who' knows that he has overstayed.

Good luck!

 

[scylla]

Hi folks,



Looking for some help with a situation. Here are the details:
- My husband was originally on a work permit when we submitted an application for spousal family sponsorship with me as the sponsor - I am Canadian by birth

-My husband is Australian

- Through moving house we were unaware for a long period that the application was returned requiring additional documents

- at this time we had had our first child in Canada and we unfortunately didn’t resubmit

- It is now 2 years later and he is now in a situation where he doesn’t have status

- We’ve submitted recently an inland application for sponsorship as a spouse
We need to travel to Australia for a family reason and I am unsure if he will have issues reentering Canada (myself and children are Canadian). He doesn’t required a visa for entering as an Australian and will need an ETA.



Any guidance or help from folks that have been in similar situations would be appreciated. Thank you all!!

Ultimately no one here is going to be able to tell you if there will be issues with the eTA or not. I would suggest applying for it now so that you know before you leave Canada.