Spousal sponsorship application returned. TVS expired

[sicparvismagna]

Today we got our sponsorship application returned because of one missing signature (I know). My wife had PGWP which is now expired. My wife says we can't send inland application again as she is out of legal status now and she has to go back to her home country. I talked to an immigration lawyer and she recommended to restore the status but my wife says it's not applicable to people with PGWP.
Do we have any other options than outland application?
I lost my parents at 25... I don't want to lose my wife even for a year
TYIA

 

[sylvain1]

Today we got our sponsorship application returned because of one missing signature (I know). My wife had PGWP which is now expired. My wife says we can't send inland application again as she is out of legal status now and she has to go back to her home country. I talked to an immigration lawyer and she recommended to restore the status but my wife says it's not applicable to people with PGWP.
Do we have any other options than outland application?
I lost my parents at 25... I don't want to lose my wife even for a year
TYIA

She definitely can apply for a restoration of status as a visitor if her status is expired for less than 90 days. She would not be allowed to work until getting a new work permit, but she would be allowed to stay legally in Canada.
https://www.canada.ca/en/immigratio...ry-residents/visitors/restoration-status.html

Can she apply for a renewal of her PGWP or she reached the maximum?

Anyway, when sending again the sponsorship application, include an OWP application as well. The sponsorship application doesn't extend her status, but the OWP does.

 

[sicparvismagna]

She definitely can apply for a restoration of status as a visitor if her status is expired for less than 90 days. She would not be allowed to work until getting a new work permit, but she would be allowed to stay legally in Canada.
https://www.canada.ca/en/immigratio...ry-residents/visitors/restoration-status.html

Can she apply for a renewal of her PGWP or she reached the maximum?

Anyway, when sending again the sponsorship application, include an OWP application as well. The sponsorship application doesn't extend her status, but the OWP does.

It's been a month since her PGWP expired. She can't apply for a renewal. Also, she says the restoration is not an option because she had temporary worker status and she won't have a new PGWP. She didn't have a visa if it matters somehow.

So, if she is eligible for the restoration, can we apply for sponsorship while the restoration is still being processed? If so, what documents should we submit as a proof of her legal status in Canada with a sponsorship application?

 

[sylvain1]

It's been a month since her PGWP expired. She can't apply for a renewal. Also, she says the restoration is not an option because she had temporary worker status and she won't have a new PGWP. She didn't have a visa if it matters somehow.

So, if she is eligible for the restoration, can we apply for sponsorship while the restoration is still being processed? If so, what documents should we submit as a proof of her legal status in Canada with a sponsorship application?

I don't know the exact procedure, but I know she can restore her status as she is out of status for less than 90 days.
Check carefully the previous link I posted and this one: https://www.canada.ca/en/immigratio...on-change-conditions-extend-stay-visitor.html

She definitely can change her status as visitor and be legally in Canada.

I would not advise to not restore the status, but being out of status would not affect the sponsorship application. IRCC would not prevent her to get PR because she is out of status. Still, I would not recommend going that way. I would recommend reading carefully the restoration of status/ change of status pages.

 

[sylvain1]

Yes you can apply for sponsorship while the restoration of status is being processed. Join a proof you applied for the restoration of status. You could even explain in a letter that she became out of status because the sponsorship application was returned due to a missing signature, that she did not intentionally let her status expired.

But remember, the sponsorship application in itself does not extend her status in Canada. Join an OWP application, this is what will extend her status in Canada.

 

[YVR123]

It's been a month since her PGWP expired. She can't apply for a renewal. Also, she says the restoration is not an option because she had temporary worker status and she won't have a new PGWP. She didn't have a visa if it matters somehow.

So, if she is eligible for the restoration, can we apply for sponsorship while the restoration is still being processed? If so, what documents should we submit as a proof of her legal status in Canada with a sponsorship application?

She cannot restored as a worker but she can restore her status and stay as a visitor.

 

[sylvain1]

Read that part in particular:
"The phrase “initial requirements for their stay” should not be read too literally when it is being applied in the context of a restoration application, and the requirements of section R179 should not be applied rigidly in that regard. The preferred interpretation in this context would be that the person seeking restoration must meet the requirements of the class under which they are currently applying to be restored as a temporary resident. The desired approach to the restoration provision of section R182 is to be facilitative and consistent with the current approach to extension applications of the provision in section R181, since the two provisions are similar in nature and section R181 actually refers specifically to the requirements of section R179."

Possible restoration scenarios
A foreign student who is still in status can apply in Canada for a work permit under certain conditions. By inference, the foreign student can apply for a work permit when restoring status.

• A temporary foreign worker who is still in status can apply in Canada for a study permit if they meet certain conditions. By inference, they can also apply for a study permit when restoring status.
• A temporary resident who is eligible to apply in Canada for a work or study permit would be allowed to do so when restoring their status."

So she definitely can restore her status as a visitor even if she was a temporary worker.

 

[sicparvismagna]

Read that part in particular:
"The phrase “initial requirements for their stay” should not be read too literally when it is being applied in the context of a restoration application, and the requirements of section R179 should not be applied rigidly in that regard. The preferred interpretation in this context would be that the person seeking restoration must meet the requirements of the class under which they are currently applying to be restored as a temporary resident. The desired approach to the restoration provision of section R182 is to be facilitative and consistent with the current approach to extension applications of the provision in section R181, since the two provisions are similar in nature and section R181 actually refers specifically to the requirements of section R179."

Possible restoration scenarios
A foreign student who is still in status can apply in Canada for a work permit under certain conditions. By inference, the foreign student can apply for a work permit when restoring status.

• A temporary foreign worker who is still in status can apply in Canada for a study permit if they meet certain conditions. By inference, they can also apply for a study permit when restoring status.
• A temporary resident who is eligible to apply in Canada for a work or study permit would be allowed to do so when restoring their status."

So she definitely can restore her status as a visitor even if she was a temporary worker.

Today I called CIC with several questions, the agent was rude and saying “refer to the Basic Guide”all the time. Also, she said “ don't mix up the visitor's visa with you situation - it might not apply to you”.
Might??? I’m calling you to know for sure, not to get “might” as a reply.
I’m confused and my wife isn’t helpful, she is just panicking that she will be deported.

Thank you, guys, I hope you are right. We’ll try to restore her status as a visitor and apply for sponsorship again.

 

[sicparvismagna]

Read that part in particular:
"The phrase “initial requirements for their stay” should not be read too literally when it is being applied in the context of a restoration application, and the requirements of section R179 should not be applied rigidly in that regard. The preferred interpretation in this context would be that the person seeking restoration must meet the requirements of the class under which they are currently applying to be restored as a temporary resident. The desired approach to the restoration provision of section R182 is to be facilitative and consistent with the current approach to extension applications of the provision in section R181, since the two provisions are similar in nature and section R181 actually refers specifically to the requirements of section R179."

Possible restoration scenarios
A foreign student who is still in status can apply in Canada for a work permit under certain conditions. By inference, the foreign student can apply for a work permit when restoring status.

• A temporary foreign worker who is still in status can apply in Canada for a study permit if they meet certain conditions. By inference, they can also apply for a study permit when restoring status.
• A temporary resident who is eligible to apply in Canada for a work or study permit would be allowed to do so when restoring their status."

So she definitely can restore her status as a visitor even if she was a temporary worker.

I reas that it’s almost impossible to get vistor visa for one’s spouse outside of Canada. What are chance that my wife’s status as visitor will be restored?
When applying for restoration they ask for what period she’d like to stay, should we choose less than 6 moths or more, does it matter?

 

[sylvain1]

I reas that it’s almost impossible to get vistor visa for one’s spouse outside of Canada. What are chance that my wife’s status as visitor will be restored?
When applying for restoration they ask for what period she’d like to stay, should we choose less than 6 moths or more, does it matter?

Regarding visitor visa for a spouse outside Canada is indeed harder to get, but not impossible.
Restoration of status: my guess is that it will very likely be approved especially if you explain how it happened that she is out of status, that it was not intentional.
The duration doesn't matter much honestly. Once her status is restored as a visitor and that you have an ongoing application for sponsorship and OWP, she will have her status valid here.

She should really not worry about being deported. Again, I don't recommend going that way, but having no legal status in Canada doesn't prevent her to get PR via spousal sponsorship. Not having a legal status in Canada is not a motive for refusal. There are several cases like that every year. I suggest you read a bit the inland spousal sponsorship thread (2016, 2017, 2018). You will see there are several cases that were processed and cases that are being processed.

Also, I recommend you to google "IP-8 CIC manual". Download the first pdf in the list. This is the manual from Immigration Canada regarding spouse and common-law partner in Canada class. It's full of very useful information. In that manual, you will find that in page 64 and similar info in other pages:
"The effect of the policy is to exempt applicants from the requirement under R124(b) to be in status and the requirements under A21(1) and R72(1)(e)(i) to not be inadmissible due to a lack of status; however, all other requirements of the class apply and applicants will be processed based on guidelines in IP 2 and IP 8"