Sponsor Spouse with no legal status

[NatalieTO]

Hi, I have the next situation:

I met my husband 6 years ago, we started a relationship when he had his visitor visa and was allowed to stay 6 months. Our relationship became serious, so he decided to stay (he didn't dare to apply for an extension for the visa, in order to not been denied). From then we have been together and he stayed here with no status. At the beginning of last year we got married in the civil way, in the city hall. We got the record of marriage and the "Certified copy of marriage registration" by the province of Ontario. Now I want to sponsor my husband so we can have a better future here.

Considering his situation, what kind of process we should do? Does it has to be inland or outland? Does he really need to go out to do it? Is it okay that we apply as a married couple? Our Marriage is genuine for our purposes?

 

[mikeymyke]

If he applies outland, if he gets an interview he will need to return to his home country to do it, and when that happens, he probably won't be allowed back in given his overstay.

If he applies inland, the interview will be in Canada, but if he is refused, there is no appeal and the decision is final.

You'll need to prove the marriage is genuine. The fact you guys were together for 6 years is good, as long as you don't have other major red flags.

 

[NatalieTO]

If he applies outland, if he gets an interview he will need to return to his home country to do it, and when that happens, he probably won't be allowed back in given his overstay.

If he applies inland, the interview will be in Canada, but if he is refused, there is no appeal and the decision is final.

You'll need to prove the marriage is genuine. The fact you guys were together for 6 years is good, as long as you don't have other major red flags.

Thank you kindly for your quick response

So, what I understand is:

If we decide for outland, the Sponsorship could be successful, but the chances for him to come back are low (chances to come back during the process? or chances to come back at all?)

If we decide inland, he might get the interview here. But do you mean "refuse" about the sponsorship itself or "refuse" his stay with no status for the process, but there is still chances that we might get the sponsorship?

I heard about this case similar to ours, that this guy applied for the stay here with a current illegal status, but he also applied for a refugee at the same time. So during the process, he didn't have to go back to his country. Do you think this is possible or legal? so we can have another option during our application process

 

[scylla]

Thank you kindly for your quick response

So, what I understand is:

If we decide for outland, the Sponsorship could be successful, but the chances for him to come back are low (chances to come back during the process? or chances to come back at all?)

If we decide inland, he might get the interview here. But do you mean "refuse" about the sponsorship itself or "refuse" his stay with no status for the process, but there is still chances that we might get the sponsorship?

I heard about this case similar to ours, that this guy applied for the stay here with a current illegal status, but he also applied for a refugee at the same time. So during the process, he didn't have to go back to his country. Do you think this is possible or legal? so we can have another option during our application process

Based on what grounds would he be filing for refugee status?

 

[mikeymyke]

Thank you kindly for your quick response

So, what I understand is:

If we decide for outland, the Sponsorship could be successful, but the chances for him to come back are low (chances to come back during the process? or chances to come back at all?)

If we decide inland, he might get the interview here. But do you mean "refuse" about the sponsorship itself or "refuse" his stay with no status for the process, but there is still chances that we might get the sponsorship?

I heard about this case similar to ours, that this guy applied for the stay here with a current illegal status, but he also applied for a refugee at the same time. So during the process, he didn't have to go back to his country. Do you think this is possible or legal? so we can have another option during our application process

The chances to come back are zero. Canada is not going to issue a visitor visa to someone who has overstayed here for that long. With outland, if he gets an interview, he pretty much cannot return to Canada until he gets his PR approved. And to get approved, inland or outland, he has to prove the marriage is genuine. It may be a challenge to do that given how long he's overstayed and his refugee claim, it may appear that he's just marrying you to stay in Canada.

With inland, I mean refuse as in after the interview, if they refuse his PR because they believe he's marrying you just to stay in Canada. If that happens, you won't be able to appeal, the decision is final.

You'll have to really show why he's not marrying you for PR, despite his past. The refugee thing is a very big red flag, as it shows he's not willing to return home and wants to stay in Canada.