Inland spouse sponsorship -is poise living illegally

[ahlawshia]

hi,
I am a Canadian citizen married to a illegal immigrant we have been married for last 3 years and applied for spouse sponsorship last year in December my spouse’s passport is expired this year in September. My husband overstayed his study visa from 2014 to till now but he didn’t received any letter to leave Canada not sure if he still is under removal order or can get deport.my husbands whole family is permanent residents here and living with us. My question is what are the chances of getting us approved ? Since he didn’t receive any letter when his study permit was denied,can he still get deported as he has been living illegally with me? I have been reading in cic website that despite the illegal status of immigrant can get permanent resident as long as the marriage is genuine and as i mentioned we are married for last 3 years so he can get his status back right?
Please advise,thank you

 

[canuck_in_uk]

hi,
I am a Canadian citizen married to a illegal immigrant we have been married for last 3 years and applied for spouse sponsorship last year in December my spouse’s passport is expired this year in September. My husband overstayed his study visa from 2014 to till now but he didn’t received any letter to leave Canada not sure if he still is under removal order or can get deport.my husbands whole family is permanent residents here and living with us. My question is what are the chances of getting us approved ? Since he didn’t receive any letter when his study permit was denied,can he still get deported as he has been living illegally with me? I have been reading in cic website that despite the illegal status of immigrant can get permanent resident as long as the marriage is genuine and as i mentioned we are married for last 3 years so he can get his status back right?
Please advise,thank you

He will not be approved for PR without a valid passport.

Of course he can still be deported. He has been living in Canada illegally for years.

 

[Crystel13]

Canuck_in_uk is right. He is illegally staying here. He has no valid passport. Your marriage might be genuine, but he can still be deported and your PR might be refused.

 

[ahlawshia]

But his passport was valid when we applied for spouse sponsorship?! And, his whole family lives here do you guys think immigration will consider all of these factors Also as per cic, illegal immigrant are eligible for spouse,common law partner sponsorship.
Thanks for all the responses

 

[Crystel13]

He will need to renew his passport before the PR is complete. If he can do it from canada, i would suggest starting right now.

Moreover, it's not because your family is immigrants here and they are all legal that it changes anything for your husband.

At the end of the day, each case is different. So he might be approved or refused. It is hard to say. But you will need to renew his passport for sure.

 

[canuck_in_uk]

But his passport was valid when we applied for spouse sponsorship?! And, his whole family lives here do you guys think immigration will consider all of these factors Also as per cic, illegal immigrant are eligible for spouse,common law partner sponsorship.
Thanks for all the responses

He requires a valid passport to be approved. It doesn't matter that it was valid when he applied.

No, IRCC will not consider the fact that his family lives here. It is irrelevant.

No one said he wasn't eligible. However, being eligible does NOT mean that CBSA cannot deport him in the process.

 

[ahlawshia]

I didn’t think any of these. It looks so difficult now . but how can he renew passport he don’t have any other Id.

 

[canuck_in_uk]

I didn’t think any of these. It looks so difficult now . but how can he renew passport he don’t have any other Id.

No idea. He needs to deal with his own country to do that.

 

[Crystel13]

No idea. He needs to deal with his own country to do that.

Well if he got a passport once, he should be able to get another one. He needs to contact people who can help him in his own country. There is no way he can become a PR without a valid passport.

 

[canuck_in_uk]

Well if he got a passport once, he should be able to get another one. He needs to contact people who can help him in his own country. There is no way he can become a PR without a valid passport.

Depends on the country. Some won't issue a new passport in a foreign country without proof of valid status.

 

[ahlawshia]

He is Indian But if he is approved for PR and we go back to India to make new one then it won’t be an issue right?

 

[Copingwithlife]

He will not be approved for PR without a valid passport.

Of course he can still be deported. He has been living in Canada illegally for years.

He is Indian But if he is approved for PR and we go back to India to make new one then it won’t be an issue right?

How will he be approved for PR if he doesn't have a valid passport? How will he travel internationally if he doesn't have a valid passport?
As mentioned, he requires a valid passport to move forward

 

[Buletruck]

Renewing an Indian passport in Canada is going to require proof of valid status. You’re in a bit of a pickle. You should be contacting the Indian consulate to find out what can be done. He won’t be able to travel without a passport or complete his PR.

https://www.cgitoronto.gov.in/eoi.php?id=reissue_passport

 

[Em1717]

Hi!

I was in exactly the SAME condition as your husband. I just landed as a Permanent Resident yesterday. It was a long battle for me, but it definitely worth it. Don’t be afraid to apply

 

[Em1717]

As for passport, you do need a valid passport. Mine was expired since 2013. You can come to your embassy and ask for a new passport after you get the medical checkup done. They will give it to you for sure.