Sponsoring Illegal Status Spouse while Inland

[LookingForHelp]

Hello everyone, my first post here. I just needed help sorting through something I think my wife and I failed to properly understand initially. I'll simply state our situation as it is currently.

So my wife (who is from Hong Kong) and I were married in Sept of 2015, but soon there after she was suspended from university for a total of the next 3 years (2 left now) and thus lost her visa. She has been here ever since and has not left the country. We have lived our lives as normal, have moved, are about to have our first child, and were getting our application together as we go (money being by far the biggest obstacle for us).

Now we're wondering, because she must obviously be here illegally now, can I still apply for her to become a citizen here without her leaving the country? I ask because we have extremely little money. Our fear is, if we apply and they realize she is here illegally, will they ask her to leave immediately or be forcefully removed from the country? We'd never be able to pay for a flight back to Hong Kong for her, let alone for one back to Canada after, leaving only her to be deported (to top it off she knows no one in Hong Kong anymore, she has cut ties entirely). And from what we've read that would mean there is basically no point in ever having her try to apply again, as it would just be denied because she has been deported. We especially don't want to have the child born in Hong Kong because obviously that would only complicate things a lot more.

So, what is the seriousness of the situation we have put ourselves in, and is there a way to solve it without her leaving the country?


Thank you for your advice,
Husband looking for help.

 

[Ponga]

First of all, you would not be applying for Canadian citizenship for her...you would be sponsoring her for Permanent Resident status. After several years, she could then apply for citizenship.

While those without status can (and have been successful) in submitting an Inland application, there is no absolute guarantee that she would not be removed from Canada during the process. There is a Public Policy from 2005 that offers a layer of protection to those that have an eligible sponsor, but it's not an absolute.

As long as a person is not already deemed `Removal Ready' by CBSA on the date that CIC receives the application, they are most likely left alone. However, if she is already on CBSA's radar, because her student visa was [in essence] revoked, because she ceased studying, it could be an issue.

I suggest you get the Inland application submitted ASAP.

If it helps, there have been many here that have been in the same situation that have not been removed during the process.

Lastly, deportation would be an extreme and unlikely consequence. If she is contacted by CBSA/CIC, she would simply be told to leave Canada within 30 days. If she ignores that letter, then things would escalate.


Good luck!

 

[Ponga]

Since money is tight, you can defer the RPRF ($490) until it is requested by CIC. The minimum that you need to pay upfront is $550 ($75 for sponsor fee and $475 for applicant fee).

There's an option for an Open Work Permit ($255) for Inland applicants, but those without status do not qualify.