Spousal Sponsorship Status

[zkbrot]

Hi there. Me and my wife from Mexico married October 28th. We are submitting a Spousal Sponsorhip (Inland) she was suppose to get a work permit so she would have status or implied while we sent the application.

But there was a problem with the company and the application will most likely be witdrawn. She was previously on a tourist visa but she is out of status right now (less than 90 days).

Should we apply for Restoration of status or just send the Sponsorship as "out of status" i know there is certain policy concerning that but what do you guys think would be the safest thing to do ?

 

[Ponga]

In Inland applicant cannot submit the OWP with the Inland sponsorship package. The rules changed a while back that require the applicant to have AoR (Acknowledgement of Receipt) of the sponsorship application from IRCC before they can the apply for the OWP.

Yes, she should apply for RoS, especially if she needs the OWP. You can still submit the SCPLC sponsorship application since legal status is not a requirement, but...the RoS is a better option, IMHO. If she was beyond the 90 days, this would (obviously) not be an option.