Submitting a spousal sponsorship without status in Canda

[VermiciousKnish]

Can you sponsor an applicant who has no status in Canada? What happens if you visit Canada, stay well past your visa expiration and never renew, and then get married to a Canadian who then decides to sponsor you? Is that allowed? Must you have status for an in-land application? Any difference with out-land?

 

[scylla]

Can you sponsor an applicant who has no status in Canada? What happens if you visit Canada, stay well past your visa expiration and never renew, and then get married to a Canadian who then decides to sponsor you? Is that allowed? Must you have status for an in-land application? Any difference with out-land?

Yes - it's allowed. No - you technically don't need to have status.

Downsides are that you can't benefit from the Open Work Permit until much much later on in the process (vs. applying when you are in status). Also, depending on the amount of time spent out of status, this can add a great deal more scrutiny to the sponsorship application (and much longer processing times) to determine if the applicant is engaging in a marriage of convenience as a means of remaining in Canada and the relationship isn't genuine on their end.

Difference with outland is that there's no open work permit and if an interview is required, applicant will need to leave Canada and return home.

 

[VermiciousKnish]

I imagine then people would try and get "married" and sponsored to try and buy more time in Canada if their status runs out and/or if they can not make a refugee claim?

 

[canuck78]

I imagine then people would try and get "married" and sponsored to try and buy more time in Canada if their status runs out and/or if they can not make a refugee claim?

Yes that also happens. There will be extra scrutiny if their are doubts whether this is a relationship based on the desire to remain in Canada.