Out of Status 8 Yrs. PNP/EE/Spousal Sponsorship/Study Permit

[Onkar]

My cousin came to Canada 10 years ago on study permit. He studied for one and half year continuously. Unfortunately, he failed two courses in last semester and become part-time student. He could not continue his studies and become out of status. I am worried for him. He is living somewhere in Alberta these days. I got a call from his yesterday. He is totally lost in his life at the moment as he is out of status from last 8 years. He asked me if he can apply for any express entry, PNP program? Also, if he can be sponsored by common-law partner or spouse in Canada? He is even willing to study if he can get any study permit. He never indulge in any criminal activity or disputes in Canada. What can be the options for him from above?

[Bavneet (Admin)]

For applying EE/PNP, It would be a NO because he will not be eligible to apply as he has no status. Moreover, some work experience in Canada will not be counted and result in less CRS scores.

For spousal sponsorship, he can be sponsored if he has entered Canada legally and is not criminally inadmissible.

For study permit applications, he can apply but he will be refused. In this way, he will be telling CBSA where to get him and issue him deportation orders.

Whenever someone violates the Canadian Immigration Laws in the past should never expect to get a temporary status in Canada again. Yes, the only remedy is spousal sponsorships which may ask for marriage genuineness proofs. It should always work as long as the relationship is genuine. However, the very right way is to leave Canada immediately and save their money to re-established in home country and apply again after some years. This is not an easy option.