Status

[Krisem]

My spouse's work permit expired on December 15, 2018. He stopped working about 2 month prior to the expiration.
He is still in Canada. What is the best way for him to be legal in Canada again? It is his plan to apply for permanent residency in the future.

 

[Bs65]

Extend stay as a visitor sooner rather than later but more effective would be for you to get a spouse sponsorship underway, if via the inland route he can get a work permit in about 4 months.

https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay.html

 

[scylla]

My spouse's work permit expired on December 15, 2018. He stopped working about 2 month prior to the expiration.
He is still in Canada. What is the best way for him to be legal in Canada again? It is his plan to apply for permanent residency in the future.

Did he apply to change his status to visitor before his work permit expired? If not, then he's currently in Canada without status (i.e. illegally). He needs to apply to restore his status within 90 days of his work permit expiring. I'd recommend he submit the restoration application asap.

 

[Krisem]

Did he apply to change his status to visitor before his work permit expired? If not, then he's currently in Canada without status (i.e. illegally). He needs to apply to restore his status within 90 days of his work permit expiring. I'd recommend he submit the restoration application asap.

No he did not do that. Can he apply for the restoration without a new job offer? He is currently not working.

 

[scylla]

No he did not do that. Can he apply for the restoration without a new job offer? He is currently not working.

He needs to apply to restore his status to visitor.

 

[Krisem]

He needs to apply to restore his status to visitor.

I appreciate the info. If I had know I would have encouraged him to do that. He was told he could not get it restored to visitor status because he initially had a work permit.

 

[scylla]

I appreciate the info. If I had know I would have encouraged him to do that. He was told he could not get it restored to visitor status because he initially had a work permit.

That's incorrect. He can certainly apply to restore his status to visitor.

Note that he cannot apply for PR from within Canada while out of status. So he needs to restore his status if he wants to apply for PR and should not submit a PR application while out of status.

If the restoration application is refused, he'll need to leave Canada.