sponsoring family class within canada

[eightbelles]

Hi ,
I hope someone can help me , I met my bf online and he moved her with a work permit and has lived with me for 2 years , his work permit expired. He is just living with me and not working. On the application it asks for an immigration document confirming his status in canada would he now be a visitor? Or does that even matter for family class ? Just not sure what they are looking for.
Thank you

 

[davek1979]

If he did not extend his work permit or apply for an extension as a visitor, then he has no status in Canada.

 

[eightbelles]

Thank you for your reply , what should we do now ? since he cant renew his work permit because he had to wait for a lmo and lost his job?

 

[shortymac]

I do suggest finding an immigration lawyer to discuss the situation.

Did your husband leave and then re-enter Canada after his work permit expired? If so he would probably have a "visitors visa", if not he may have "overstayed" his work visa which can be a problem, despite him not working.

 

[canuck_in_uk]

Thank you for your reply , what should we do now ? since he cant renew his work permit because he had to wait for a lmo and lost his job?

You do not need an immigration lawyer, so don't waste your money on that. His options are quite simple.

If his work permit expired less than 90 days ago, he can apply for Restoration of Status. Along with that, he will need to submit an app to change his status to visitor. There is no guarantee that it will be approved; if it isn't, he will be told to leave Canada. It would be advisable to include proof of the sponsorship app, such as the fee receipt, his medical receipt etc.

If it has been more than 90 days since expiry, then restoration is not a possibility and his status will remain illegal unless he leaves the country. If he stays in the country as an illegal, it doesn't really affect the sponsorship app. CIC clearly states that a person without status in Canada is still allowed to be sponsored. The catch is that he can be deported from Canada at any time and that will complicate your application (or completely cancel it if you apply inland). So the better option is for him in that case is to leave Canada and apply outland; he can still try to come back as a visitor while the PR app is processing.

 

[eightbelles]

Hi Guys ,
Thanks for the info , he has a employer that is waiting to employ him he's going thru the labor market opinion and they hired a lawyer to do it , I think we will just wait it out till it comes in and go to the border and renew it with a new work permit. I'm sure he will be okw ith that.