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forumSection: Immigration to Canada, subForumSection: Family Class Sponsorship
My bf is a tfw worker, he already submitted his AINP self nomination last november but no result yet. they said it takes 8-12 months now.and he got affected by the moratorium. Now the company is waiting for the approval of |LMIA. but the problem is his work permit will expire on aug 24 next month. i dont want him to go back home so we wanted to get married sooner than we planned for him to be able to stay here with me. if ever we get married can we apply to extend his stay here in canada while we process the spousal application? what kind of permit should we apply for? thanks
Your action of marrying your bf just so he can stay sends huge red flag of marriage of convenient in the eyes of CIC.
Screech339
sbarro90095 said:
You should start by visiting the CIC webpage on family sponsorship and familiarizing yourself with this topic:
http://www.cic.gc.ca/english/immigrate/sponsor/index.asp
Bad news: Just by marrying, it does not mean that he can stay here. He must leave on or prior to the expiration date. He can't stay here, unless he has a pending restoration application for his work permit. You should've married and applied for him while he was IN STATUS.
while it's true just marrying your boyfriend doesn't give him the right to live in canada, he certainly does NOT have to leave. If his work permit expires in August, he can apply for an extension to stay in canada as a VISITOR. During this time he would not be allowed to work or study in a program that is more than 6 mo. long. He can apply to extend his stay online, and it is $100. It's recommended this be done at leat 30 days prior to the current visa expiring.
Once his application to extend is in, he will have implied status until a decision is made. Generally, people ask for 12 month extensions. Extensions are rarely denied for visitors who have applied for PR or suggest in their extension application they intend to apply for PR in the near future. There are many people who mention they plan to get married and apply for pr and are successful at getting extensions and staying in canada for the entire process.
Bottom line, he doesn't have to leave, he just can't work here legally. He needs to extend his stay as a visitor, get married and apply for PR.
thank you guys for the info.. we'll just hope that we can apply for the implied status and get his nomination approved before the implied status expires.
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forumSection: Immigration to Canada, subForumSection: Family Class Sponsorship