Spousal Sponsorship for Illegal US resident

[xignifye]

Hello Everyone,
My name is Avish Kadilwa.
My wife lives and work in Regina SK CA. We got married in January 2017. She came as a student in Canada in December 2015 and now she just got her second (closed) work permit of 2yr under Saskatchewan Immigration Nominee Program (SINP). We have already submitted our PR application together.

We recently found out that if my Wife has a work permit of over a six months than I am eligible to apply as her dependent on a open work permit (Spousal Sponsored Visa).

I live in United States and I came in 2009 as a student (f1 Visa). I am no longer in status from around one and half year. I am confused and want to make sure that could I still apply for Canada Visa on my Wife dependent as I am no longer in status in US. I do have all the necessary documents like FBI clearance, Police Clearance from India etc.

Please Help.

 

[scylla]

Since you are out of status in the US - you will not be approved for any sort of temporary status to Canada. This includes work permits, study permits and visitor visas. All of these require that you demonstrate you have strong ties to your home country / country of residence and have no plans to remain in Canada long term. You cannot demonstrate this given your illegal status in the US. So the short answer is that you are eligible to apply for an open work permit based on your wife's work permit - however it will be refused.

You'll need to wait until your PR application is processed and approved under SINP. Only then will you be allowed to come to Canada (once your PR visa is issued). Make sure you are 100% honest about your immigration history in the PR application. Provided you are 100% honest, your illegal status won't be a problem.

Note that as soon as you leave the US, you should expect you will be automatically banned from re-entering for 10 years as a result of your overstay.

 

[xignifye]

Thank You for your reply. There is one more thing that i would like to ask is can we apply through multiple ways for PR? we have already applied the regular way (paper files) and we are thinking of applying through Express Entry also. My wife has SINP letter but it mentions on the letter that "not valid for citizenship and immigration Canda's Express Entry system" I am confused, because on CIC website it says if she has SINP she is Eligible to Apply in Express Entry.

 

[scylla]

You'll need to post your question to the Provincial Nomination Program or Express Entry section of the forum.