Spousal sponsorship PR + restoration of status as visitor

[socka.sockova]

Hi guys, as almost everyone here, I am seeking just some advice.

I have a Canadian citizen common-law partner (we do have a certificate from our province), we live together since November 2023 in Canada. I initially came on IEC, had open work permit, tried to extend that stay, but got refused.

Because we are common-law, I am applying for PR, I now have all the documents, but I also am currently out of status in the 90-day period to restore my status, I want to try to go for a visitor record explaining that I am awaiting for PR, that I have a common-law partner that can support me during the stay, as I cannot work at the moment.

Is this the proper way? Does anyone have experience whether the visitor record gets approved? How much funds do we have to have? I also know I might get the AIP from PR sooner, but I want to try to restore my status so I am not out of status for a long period of time.

Any advise is welcome, thank you!

 

[rasputinsminion]

Hi, I was on the same boat. I applied for restoration of status first around mid-March, then applied for my inland common law sponsorship in April. I haven't heard back from my restoration but I recently received my AIP. I'll be applying for my SOWP in in the next couple of weeks.

I'd recommend applying for the restoration for a few reasons:
1. You don't know when you'll receive your AIP. I know people who did not receive their AIP 8-10 months into your application. So I'd strongly recommend applying for the restoration.
2. Even if you get your AIP first, it still looks good on your application. I think it shows that you respect the immigration rules and have tried to attain status... doing all the things a "good immigrant" would do.
3. Although the chances of this are extremely low, out of status spousal sponsorship applicants can be subjected to removal proceedings. This was reiterated in my approval in principle letter.

After submitting both of my applications, I web-formed every update I received from my sponsorship application to my restoration application.

Regarding your questions about funds for the restoration application, my partner and I have demonstrated that we have approximately $20,000 available. In your letter of explanation for the restoration application, I recommend emphasizing the dual intent aspect of your situation — that you intend to apply for common-law sponsorship while also respecting the temporary nature of your current status. This means that, in the unfortunate event the application is denied, you are prepared to leave Canada as required.

There isn't any minimum income requirements for spousal sponsorship applications.

Cheers.

 

[scylla]

Hi, I was on the same boat. I applied for restoration of status first around mid-March, then applied for my inland common law sponsorship in April. I haven't heard back from my restoration but I recently received my AIP. I'll be applying for my SOWP in in the next couple of weeks.

I'd recommend applying for the restoration for a few reasons:
1. You don't know when you'll receive your AIP. I know people who did not receive their AIP 8-10 months into your application. So I'd strongly recommend applying for the restoration.
2. Even if you get your AIP first, it still looks good on your application. I think it shows that you respect the immigration rules and have tried to attain status... doing all the things a "good immigrant" would do.
3. Although the chances of this are extremely low, out of status spousal sponsorship applicants can be subjected to removal proceedings. This was reiterated in my approval in principle letter.

After submitting both of my applications, I web-formed every update I received from my sponsorship application to my restoration application.

Regarding your questions about funds for the restoration application, my partner and I have demonstrated that we have approximately $20,000 available. In your letter of explanation for the restoration application, I recommend emphasizing the dual intent aspect of your situation — that you intend to apply for common-law sponsorship while also respecting the temporary nature of your current status. This means that, in the unfortunate event the application is denied, you are prepared to leave Canada as required.

There isn't any minimum income requirements for spousal sponsorship applications.

Cheers.

Are you sure you received AIP and not AOR?

 

[rasputinsminion]

Are you sure you received AIP and not AOR?

Yup! Unless the AIP is different from PA eligibility letter which states that I've met the eligibility requirements to apply for permanent residence as a member of the spouse or common-law partner in Canada class, I have received AIP.