Spousal sponsorship.. previous PR app refused HELP

[PeculiarCupcake]

So we're in a bind. I applied to sponsor my husband back in 2017 when I was working and able to support the both of us. Roles changed when I had our daughter because my husband was able to acquire an open work permit and he was supporting the family fine while I was on mat leave and then decided to be a stay at home mother.

His PR application was refused in February of this year due to us forgetting to submit an FBI clearance certificate, which we still have.

Before we talked about getting the refusal reconsidered, it was decided that we would move our family to the US instead but now I'm having issues getting residency under the Jay Treaty due to missing documents (still waiting on them). I'm due with baby #2 in September and worried about healthcare while we move. He wants to move us ASAP.

My question is, can we reapply for family sponsorship to get his PR in Canada if I'm unemployed? We have a good savings account that will last us until he gets another open work permit and my family is also willing to help us financially.

He has been here in Canada since December 2014 as a visitor and renewed that visitor visa twice until we decided to marry and have kids.

 

[k.h.p.]

Was the application refused or returned?

If it was refused, and you know it was because of an FBI clearance that you didn't submit, you would have received a procedural fairness letter or something similar, no?

With spousal PR apps, you can re-apply or you can appeal. Appeals take a long time, a lot of money, and sometimes require a lawyer. Unless you did submit the clearance and IRCC erred in not recognizing it, an appeal is pointless. Re-apply at any time.

I assume you are a citizen of Canada, and thus can apply from outside of Canada.

 

[PeculiarCupcake]

Was the application refused or returned?

If it was refused, and you know it was because of an FBI clearance that you didn't submit, you would have received a procedural fairness letter or something similar, no?

With spousal PR apps, you can re-apply or you can appeal. Appeals take a long time, a lot of money, and sometimes require a lawyer. Unless you did submit the clearance and IRCC erred in not recognizing it, an appeal is pointless. Re-apply at any time.

I assume you are a citizen of Canada, and thus can apply from outside of Canada.

We received the procedural fairness but my darling husband didn't check his email or did and forgot to tell me and we didn't see it in time. It was outright refused after that and I do believe we passed the point of an appeal.

My question is though, can we reapply if I'm unemployed? I'm no longer working and have no intention on going back anytime soon as I'm 5 months pregnant.

 

[k.h.p.]

So you are the citizen?

If you are sponsoring him, you don't need to be employed - you just need to demonstrate a plan to be able to pay for expenses and support him if the sponsorship is permitted.

 

[PeculiarCupcake]

So you are the citizen?

If you are sponsoring him, you don't need to be employed - you just need to demonstrate a plan to be able to pay for expenses and support him if the sponsorship is permitted.

Yes I am the Canadian and he is the US citizen. Do you know if his legal status in Canada will be reinstated upon our reapplication in order for him to be eligible for the OWP pilot?

 

[k.h.p.]

No, that's not how it works. You cannot apply for the inland OWP without being in-status. And they will not restore status because you submitted an OWP.

If he's in Canada out of status, he needs to restore that status before you can apply inland and qualify for the OWP - and then it takes 4-5 months to get that OWP. You can only restore a status within 90 days after its expiry. At this point, he would have to leave Canada and return to get a new status in Canada - but if he's been here since 2014, CBSA may not admit him because he has no ties to his home country and too many ties to Canada.

 

[PeculiarCupcake]

No, that's not how it works. You cannot apply for the inland OWP without being in-status. And they will not restore status because you submitted an OWP.

If he's in Canada out of status, he needs to restore that status before you can apply inland and qualify for the OWP - and then it takes 4-5 months to get that OWP. You can only restore a status within 90 days after its expiry. At this point, he would have to leave Canada and return to get a new status in Canada - but if he's been here since 2014, CBSA may not admit him because he has no ties to his home country and too many ties to Canada.

Okay that makes sense. How do we restore his status? His previous OWP just expired on April 20th.

 

[k.h.p.]

By applying for a restoration, but I honestly don't know if an OWP is a status that he can restore. Maybe someone else can help with that.