Family Sponsorship, previous PR refused

[PeculiarCupcake]

So we're in a bind. I applied to sponsor my husband back in 2017 when I was working and able to support the both of us. Roles changed when I had our daughter because my husband was able to acquire an open work permit and he was supporting the family fine while I was on mat leave and then decided to be a stay at home mother.

His PR application was refused in February of this year due to us forgetting to submit an FBI clearance certificate, which we still have.

Before we talked about getting the refusal reconsidered, it was decided that we would move our family to the US instead but now I'm having issues getting residency under the Jay Treaty due to missing documents (still waiting on them). I'm due with baby #2 in September and worried about healthcare while we move. He wants to move us ASAP.

My question is, can we reapply for family sponsorship to get his PR in Canada if I'm unemployed? We have a good savings account that will last us until he gets another open work permit and my family is also willing to help us financially.

 

[scylla]

So we're in a bind. I applied to sponsor my husband back in 2017 when I was working and able to support the both of us. Roles changed when I had our daughter because my husband was able to acquire an open work permit and he was supporting the family fine while I was on mat leave and then decided to be a stay at home mother.

His PR application was refused in February of this year due to us forgetting to submit an FBI clearance certificate, which we still have.

Before we talked about getting the refusal reconsidered, it was decided that we would move our family to the US instead but now I'm having issues getting residency under the Jay Treaty due to missing documents (still waiting on them). I'm due with baby #2 in September and worried about healthcare while we move. He wants to move us ASAP.

My question is, can we reapply for family sponsorship to get his PR in Canada if I'm unemployed? We have a good savings account that will last us until he gets another open work permit and my family is also willing to help us financially.

Yes you can reapply - as long as you're not on welfare / social insurance.

Also keep in mind that he must have valid status in Canada in order to qualify for the OWP pilot.

 

[PeculiarCupcake]

Yes you can reapply - as long as you're not on welfare / social insurance.

Also keep in mind that he must have valid status in Canada in order to qualify for the OWP pilot.

Would his status be reinstated upon reapplication for him to get the OWP? Or should he apply for another visitor visa?

 

[scylla]

Would his status be reinstated upon reapplication for him to get the OWP? Or should he apply for another visitor visa?

He will - but in that case he won't get a work permit in four months and will be waiting closer to 10 months for the OWP.

He cannot simply apply for a visitor visa if he's out of status. He would need to restore his status (provided he's still within 90 days of falling out of status).

 

[PeculiarCupcake]

He will - but in that case he won't get a work permit in four months and will be waiting closer to 10 months for the OWP.

He cannot simply apply for a visitor visa if he's out of status. He would need to restore his status (provided he's still within 90 days of falling out of status).

How could he restore his status? His previous OWP just expired on April 20th.

 

[k.h.p.]

You have two separate threads going on here, and both @scylla and I are answering them. You may wish to pick one.

 

[kingfintan]

How could he restore his status? His previous OWP just expired on April 20th.

Were you approved as a sponsor when you reapplied?