spousal application but work permit it expiring - Please help and advice

[nazgul1]

Hello everyone,

I came here on a study permit and graduated from university in 2010. I then gained my Pgwp and have had a steady job as a financial sales rep. There got promoted to supervisor after about 20 months. I also met my girlfriend of two years at my workplace. (we are now married ) she worked in the same position as me and got her Pr through Cec. I followed suit and applied through Cec and got refused!!! This happend soon before my visa and wp expires. My girlfriend and I got married and want to apply through spousal inland. (Obviously we were both waiting for my Cec to go through before getting married but did as soon as I found out I was refused. What happens if we apply for inland but my status is expiring?

 

[frege]

Hello everyone,

I came here on a study permit and graduated from university in 2010. I then gained my Pgwp and have had a steady job as a financial sales rep. There got promoted to supervisor after about 20 months. I also met my girlfriend of two years at my workplace. (we are now married ) she worked in the same position as me and got her Pr through Cec. I followed suit and applied through Cec and got refused!!! This happend soon before my visa and wp expires. My girlfriend and I got married and want to apply through spousal inland. (Obviously we were both waiting for my Cec to go through before getting married but did as soon as I found out I was refused. What happens if we apply for inland but my status is expiring?

It's not clear whether you're saying your status has already expired or not.

If your status hasn't already expired, apply for an extension of status as a visitor before it does. You'll be in Canada legally while they process your application for an extension. Then apply inland before they finish processing the request, in case they turn you down.

http://www.cic.gc.ca/english/visit/extend-stay.asp

If your status has expired in the last 90 days, you can apply for a restoration of status as a visitor. However, if it's not granted, you won't be in the country legally during your inland sponsorship application.

If you lose status before you apply inland, and can't have it restored, it will be a headache. It might still be worth filing the application inland in that case, but you'll be in the country illegally. In that case, you might want to get advice from an immigration lawyer.

If you file inland with expired status and leave the country, there's a strong chance you'll be refused entry if you try to re-enter, and then the inland application will be abandoned.

Has your status expired? If so, when?

What country are you from? This will help evaluate outland processing times.

 

[frege]

Let me add that it is possible to submit an application for restoration or extension of status along with an inland application. In that case, a decision is made on the restoration/extension when they decide on "initial approval" of the PR application (or "approval in principle").

 

[guri3577]

What was the reason for your CEC refusal? You marrying right after getting refusal may be seen as a red flag, I would suggest you explain all this that you have mentioned here that you were waiting for your decision. If your status has not expired and you apply inland with an OWP application you will get implied status and will stay implied until a decision is made.