Spousal work permit

[singhgurkirat]

Hello, my friend's study permit expired on 28 feb 2019. She could not go to college due to financial issues so she wont get pgwp. But on march 28th 2019 she got married to an international student and planned to apply for spousal w.p. I know that we have three months to leave canada after our visa expires. The problem is that marriage registration will take 10 weeks and she does not have that much time. She needs to leave canada before 28 may 2019.
Does she need to go back and then apply for spousal work permit from her country or she can apply even if she is illegal?

 

[canuck_in_uk]

Hello, my friend's study permit expired on 28 feb 2019. She could not go to college due to financial issues so she wont get pgwp. But on march 28th 2019 she got married to an international student and planned to apply for spousal w.p. I know that we have three months to leave canada after our visa expires. The problem is that marriage registration will take 10 weeks and she does not have that much time. She needs to leave canada before 28 may 2019.
Does she need to go back and then apply for spousal work permit from her country or she can apply even if she is illegal?

You don't have 3 months to stay after expiry. IRCC allows 90 days to apply for Restoration of Status but that is NOT permission to stay in Canada. She is currently in Canada illegally.

She should apply for Restoration as a visitor.

 

[singhgurkirat]

You don't have 3 months to stay after expiry. IRCC allows 90 days to apply for Restoration of Status but that is NOT permission to stay in Canada. She is currently in Canada illegally.

She should apply for Restoration as a visitor.

She can not restore due to financial issues. My question is: can you apply for spousal work permit by marrying a person who have status even if your staying illegal

 

[scylla]

She can not restore due to financial issues. My question is: can you apply for spousal work permit by marrying a person who have status even if your staying illegal

No - you can't. The SOWP will be refused since she is out of status in Canada.

Her only option for remaining in Canada is to apply to restore her status. She can apply to restore her status to visitor.

If she doesn't plan to restore her status, then she should leave Canada as soon as possible. Waiting until May is far too long. She should have left within 30 days of her study permit expiring.

 

[canuck_in_uk]

She can not restore due to financial issues. My question is: can you apply for spousal work permit by marrying a person who have status even if your staying illegal

As said above, she needs to apply for Restoration or leave ASAP.

 

[singhgurkirat]

No - you can't. The SOWP will be refused since she is out of status in Canada.

Her only option for remaining in Canada is to apply to restore her status. She can apply to restore her status to visitor.

If she doesn't plan to restore her status, then she should leave Canada as soon as possible. Waiting until May is far too long. She should have left within 30 days of her study permit expiring.

Can she come back to canada on spousal work permit if she leave now?

 

[scylla]

Can she come back to canada on spousal work permit if she leave now?

If the SOWP is approved - then yes.

She will need to leave Canada and return home before you submit the SOWP application.

 

[canuck78]

When did she stop studying? Her school should have reported her as not attending and her permit would have been cancelled. Has she been working while in Canada? She may have been out of status for quite some time.