Restoration of status (way over 90 days)- Please advice

[sonjy]

I am helping out a friend from South Korea. She came to Canada in 2005 as a student (study permit), finished her study, did not return, and apparently lost her status. She got married in March 2009 to a Canadian citizen (a Korean Canadian), but her status is illegal based on her failure to restore status.

Both are good citizens and now want to resolve the issue. What does she need to do? It's now way over past 90 days.

If she leaves Canada now, is there a chance she could re-enter at a later date, and eventually apply for PR based on her marriage to a Canadian citizen?

They are quite worried... please help. Thank you.

Jason

 

[job_seeker]

Have the husband sponsor her. http://www.cic.gc.ca/english/information/applications/guides/5289E10.asp

Although out-of-status spouses and common-law partners may now apply for permanent residence in the Spouse or Common-law Partner Class, persons without legal immigration status in Canada are unable to work or study and may be subject to removal proceedings at any time for failing to have or maintain legal immigration status in Canada.

I am helping out a friend from South Korea. She came to Canada in 2005 as a student (study permit), finished her study, did not return, and apparently lost her status. She got married in March 2009 to a Canadian citizen (a Korean Canadian), but her status is illegal based on her failure to restore status.

Both are good citizens and now want to resolve the issue. What does she need to do? It's now way over past 90 days.

If she leaves Canada now, is there a chance she could re-enter at a later date, and eventually apply for PR based on her marriage to a Canadian citizen?

They are quite worried... please help. Thank you.

Jason

 

[sonjy]

Thank you for the advice job_seeker.

Jason