Student visa expired/invalid? now applying through common law

[svesson]

Hey, everyone. I'm making this post as I couldn't find a similar thread in this sub-forum.

I currently hold a student visa 'valid' till 2019 summer, and I've been in Canada since 2012. My visa/permit is invalid now, since I dropped out of the program 2 years ago (and subsequently being barred from applying to my school again...)

I've been with my boyfriend for 1.5 year and living together for 1 year. I thought about going back home cause it seems like the right thing to do honestly. After we got together, I tried to apply for school twice, failed. I wanna give it another shot, so I started to prepare documents for a common law sponsorship. My question is, should I send my application with the study visa without outing me as an out-of-status? I'm scared of the possibility that cic would eventually ask me for a proof of registration at school.

I also looked at sponsorship through marriage. It also requires my proof of status here if im filing an inland application. Would it make a difference if i go through marriage?

Thank you in advance!

 

[monkeys89]

If you dropped out of your program, CIC already knows your student visa has been invalidated as the schools are required to inform CIC when a student on visa no longer attends.

If you apply via common law or via marriage, you will need to send your application in with proof of previous visas, including your study visa. It will out you as out-of-status. You will not be eligible for an open work permit which requires you to be in status. I'm not sure if being out of status for 2 years invalidates your opportunity to apply for a change in status to temporary resident, but I highly doubt you would be able to.

I suppose you could apply via the common law or marriage inland path and hope that they don't take removal action against you while the application is processing.

 

[Jazzercise]

Hey, everyone. I'm making this post as I couldn't find a similar thread in this sub-forum.

I currently hold a student visa 'valid' till 2019 summer, and I've been in Canada since 2012. My visa/permit is invalid now, since I dropped out of the program 2 years ago (and subsequently being barred from applying to my school again...)

I've been with my boyfriend for 1.5 year and living together for 1 year. I thought about going back home cause it seems like the right thing to do honestly. After we got together, I tried to apply for school twice, failed. I wanna give it another shot, so I started to prepare documents for a common law sponsorship. My question is, should I send my application with the study visa without outing me as an out-of-status? I'm scared of the possibility that cic would eventually ask me for a proof of registration at school.

I also looked at sponsorship through marriage. It also requires my proof of status here if im filing an inland application. Would it make a difference if i go through marriage?

Thank you in advance!

You're in a tough spot. CIC already knows you're not in school. You could try to restore your status, but they're pretty clear about someone needing to restore their status within 90 days (I think). You can hope inland spouse/common-law will work, but really, it's a risk.

I know you say you haven't found a useful thread on here, but maybe you can dig around a bit more in hopes of finding someone who has been in a similar situation as you. Regardless of what you choose, don't try to outfox CIC. It likely won't end well. Best of luck.

 

[Jazzercise]

Wanted to follow up with OP since all they likely heard was doom and gloom. There are definitely stories of people once out of status successfully becoming permanent residents! Came across this short thread just now. Maybe it'll give you some hope: https://www.canadavisa.com/canada-i...nd-sponsorship-but-out-of-status-help.482866/