So, I have been living in canada with my common-law partner for almost 7 years now on visitor extensions. We haven't been able to afford to apply for spousal sponsorship PR until recently (we're not great with money and we had some debts that only recently got paid off). My latest extension and then restoration of visitor status was just refused (just because the officer didn't think i'd leave at the end of the authorized stay and that my initial reason for the stay had been fulfilled). I hear that me being out of status doesn't hinder being able to apply for inland spousal sponsorship PR. Is this correct? And I'd still be able to apply for a work permit once my PR application is in? I'm just worried now and we can't afford to higher someone to help atm.
Restoration of Visitor Status refused. Can i still apply for inland spousal pr?
- Thread starter SerenityE
- Start date
Yes being out of status does not automatically stop you from applying for spousal or common-law sponsorship. Many people in relationships are still approved under the inland policy even after they have lost their status.
You should submit your resident application as soon as possible with strong proof of your seven year common-law relationship and the fact that you have been living together. One important thing to remember is that if you are already out of status you may not be eligible for the spousal open work permit away and you may need to wait until you get Approval in Principle.
The reason you were refused which is that the people who made the decision were not satisfied that you would leave Canada is also very common. This reason by itself usually does not prevent people from getting sponsorship approval, for their inland spousal or common-law sponsorship application.
You should submit your resident application as soon as possible with strong proof of your seven year common-law relationship and the fact that you have been living together. One important thing to remember is that if you are already out of status you may not be eligible for the spousal open work permit away and you may need to wait until you get Approval in Principle.
The reason you were refused which is that the people who made the decision were not satisfied that you would leave Canada is also very common. This reason by itself usually does not prevent people from getting sponsorship approval, for their inland spousal or common-law sponsorship application.
Why would you think you could continuously get extensions ?
You’ve been here SEVEN YEARS and you still couldn’t get your finances in order to apply
What have you been doing here for seven years ?
Working without authorization ?
"just because the officer thought..." Well, he thought right... you've been doing it for 7 years, which is crazy...
Thank you.
My situation is complicated and my own. I have not been working, my partner has.
You may want to consider applying 'outland' even though you are in Canada. This is fairly common and there is even space on the form for it.
There used to be more differences than there are now between inland/outland. Notably the work permit possibility is now roughly equal (but sounds like that may not be important for you).
The other significant one (and largely why I am suggesting outland): if you need to leave Canada and cannot return for whatever reason, the inland application will be considered abandoned. Whereas outland - no issue, nothing much changes; when accepted, you'd just get a passport request (for them to insert the visa).
If you remain in Canada - no issue, they'd do the in-country ('virtual') landing process.
There are some other differences, eg you could be asked to do an interview in person in home country - but this seems to be rare nowadays.
That said, caveat, I'm just a person on the internet. Do check if any other differences that may matter to you.