Common law application, partner expired ETA

[juhanjuhanjuhan]

My partner arrived last year September 2019 as a visitor and we started living together February 2020. His eta expired end of march 2020 and he decided to continue living with me despite being illegal. I’m wondering wether a common law application is possible after 1 yr of cohabitation despite my partner being illegal?

 

[scylla]

My partner arrived last year September 2019 as a visitor and we started living together February 2020. His eta expired end of march 2020 and he decided to continue living with me despite being illegal. I’m wondering wether a common law application is possible after 1 yr of cohabitation despite my partner being illegal?

Yes - you can sponsor your parnter for PR even if your partner is out of status. However you would be best off applying to restore your partner's status. You have 90 days from the time the status expired to do this. Best not to be out of status.

 

[juhanjuhanjuhan]

Yes - you can sponsor your parnter for PR even if your partner is out of status. However you would be best off applying to restore your partner's status. You have 90 days from the time the status expired to do this. Best not to be out of status.

Thank u Scylla. What if he didn’t get approved for extension? Will he be booted up from the country?

 

[juhanjuhanjuhan]

Thank u Scylla. What if he didn’t get approved for extension? Will he be booted up from the country?

Also is it possible to do outland sponsorship
Even if he is in the country?

 

[canuck78]

Also is it possible to do outland sponsorship
Even if he is in the country?

Yes. Expect that there will be a lot of scrutiny of his application because of the circumstances. He came to Canada as a visitor and moved in with someone right before his visitor status expired.

 

[canuck78]

If this is the person without a valid passport the passport will be the biggest issue.

 

[juhanjuhanjuhan]

If this is the person without a valid passport the passport will be the biggest issue.

He has a passport but would expire on September next year

 

[canuck78]

He has a passport but would expire on September next year

This is going to be an issue. A valid passport is a must. Most countries will only renew a passport abroad if you have status in the country.

 

[juhanjuhanjuhan]

This is going to be an issue. A valid passport is a must. Most countries will only renew a passport abroad if you have status in the country.

What our plan was he travels back to portugal to renew the passport and wait until the visa is approved. Do u think that’s possible?

 

[canuck_in_uk]

Thank u Scylla. What if he didn’t get approved for extension? Will he be booted up from the country?

It's not an extension. That is what he should have applied for before his status expired. It's a shame he didn't, as it is an easy process and pretty much never refused for people who are staying to become common-law and apply for sponsorship. He now has to apply for Restoration. If refused, he will be told to leave Canada. He would have to choose between leaving or remaining in Canada illegally.

Also is it possible to do outland sponsorship
Even if he is in the country?

Yes, you can apply outland from Canada.

What our plan was he travels back to portugal to renew the passport and wait until the visa is approved. Do u think that’s possible?

Yes, he can do that.