Spousal Sponsorship for Undocumented Partners
Are you worried about your spouse or common-law partner’s lack of immigration status in Canada? The Spousal or Common-Law Partner Sponsorship program offers a pathway to permanent residence, even for those without legal status. As long as both partners meet the criteria for sponsorship, this public policy can help overcome immigration status issues such as overstays and previous immigration refusals. However, it’s important to note that this policy does not apply to criminal issues.
Navigating the complexities of spousal sponsorship can be challenging, but you don’t have to do it alone. At MM Immigration Law, we specialize in helping couples like you secure their future together in Canada. Our experienced immigration lawyers understand the intricacies of the Spousal or Common-Law Partner Sponsorship program and are dedicated to providing personalized support every step of the way.
Our skilled immigration lawyer has a proven track record of successfully handling spousal sponsorship cases. We know what it takes to build a strong case and maximize your chances of approval. We take the time to understand your unique situation and tailor our approach to meet your specific needs. Our compassionate team is here to guide you through the process with care and attention to detail. We conduct a thorough assessment of all relevant factors, ensuring that your application is meticulously prepared and error-free. We advocate on your behalf to ensure your case is presented compellingly and persuasively, increasing your chances of success.
Don’t leave your future to chance. Trust MM Immigration Law to handle your spousal sponsorship application with expertise and compassion. Contact us today to schedule a consultation and take the first step towards securing your future in Canada.
Public Policy Under A25(1) of IRPA to Facilitate Processing in accordance with the Regulations of the Spouse or Common-law Partner in Canada Class
To facilitate family reunification, this immigration policy allows processing of spouses or common-law partners who do not have legal immigration status in Canada.
Lack of status
For the purposes of the public policy, persons with a “lack of status” refers to those in the following situations:
- persons who have overstayed a visa, visitor record, work permit or student permit;
- persons who have worked or studied without being authorized to do so under the Act;
- persons who have entered Canada without the required visa or other document required under the regulations;
- persons who have entered Canada without a valid passport or travel document (provided valid documents are acquired by the time CIC seeks to grant permanent residence).
“Lack of status” does NOT refer to any other inadmissibilities including:
- failure to obtain permission to enter Canada after being deported
- persons who have entered Canada with a fraudulent or improperly obtained passport, travel document or visa and who have used the document for misrepresentation under IRPA.
- persons under removal orders or facing enforcement proceedings for reasons other than the above-noted lack of status reasons.
In order to be granted permanent residence under the In-Canada Class, the applicant must meet eligibility requirements: The applicant must be included in a spousal or common-law sponsorship application, be cohabiting with their sponsor in Canada, have valid identity documents, and pass medical, security, and criminality checks. The applicant must also prove that their relationship is genuine and not a marriage of convenience.
Applicants for spousal sponsorship under the In-Canada Class become removable from Canada if the sponsorship application is refused. If their application is refused, they can be removed from Canada for being out of status. Therefore, it is important for the applicants to submit a complete and error-free application.
Partners who are legally married are equal to common-law partners: There is no difference between married and common-law partners for immigration purposes. However, the applicants must meet the legal definition of common-law partnership, which means living together in a conjugal relationship for at least one year. The applicants must provide evidence of their cohabitation and relationship history.
Other sources of inadmissibility are not covered by this public policy. Applicants who are inadmissible for reasons other than a lack of status may be removed from Canada at any time. It is important to note that the public policy that prevents the removal of out of status applicants under Inland Sponsorship does not apply to other reasons for inadmissibility such as criminality, security, health, or human rights violations. The applicants who are inadmissible for other reasons may need a Temporary Resident Permit to stay in Canada.
This policy is unique to Spousal/ Common-law Sponsorships as generally speaking, almost every immigration program in Canada will not let applicants for permanent residence finalize their application and become a PR from inside Canada unless they are currently in valid status. The general rule for most permanent residence applications is that the Applicant must have legal status in Canada in order to finalize their application. The exceptions are the In-Canada Class spousal sponsorship and the Humanitarian and Compassionate grounds PR applications, which allow out of status applicants to become permanent residents without leaving Canada.
Applicants who are eligible for this public policy will not be removed from Canada once their inland spousal sponsorship application has gone into processing: An important benefit of the public policy is that it defers the removal of out of status applicants under Inland Sponsorship. The applicants will not be deported from Canada as long as their application is in process. However, it is important to note that the defferal is temporary and sponsorship applications can be delayed.
Contact us if you are out of status and in a relationship with a Canadian citizen or permanent resident. MM Immigration law specializes in obtaining permanent residence for individuals whose immigration status has lapsed.
Disclaimer: This article is for general information purposes only and it is not intended as legal advice. The information is not a substitute for professional legal advice, and it may not be appropriate for you. Do not rely solely on this blog. Always do your own research and due diligence. Immigration laws and regulations can change over time. It is important to consult with a qualified immigration lawyer if you are unsure how to proceed.
Why Hire an Immigration Lawyer
Immigration is a dynamic and complex system that requires careful planning and preparation. By hiring an immigration lawyer, you can benefit from their expertise and guidance throughout the process. Here are some of the advantages of working with an immigration lawyer:
- An immigration lawyer can help you avoid common mistakes or provide misleading information on your application that could lead to application denial or a five-year ban.
- An immigration lawyer can help you find the proper forms to fill out, guide you through the process, and ensure that your application is complete and accurate.
- An immigration lawyer can help you identify the best program or stream for your occupation and skills, and help you apply for it.
- An immigration lawyer can help you prepare your application and documents to ensure that you meet the deadlines and criteria.
- An immigration lawyer can help you spot errors made by Immigration, Refugees, and Citizenship Canada (IRCC) and advise you on the next steps.
- An immigration lawyer can help you appeal an unfavorable decision and represent you in court if necessary.
Hiring an immigration lawyer is not a requirement, but it can make a big difference in your outcome. An immigration lawyer can save you time, money, and stress, and increase your chances of becoming a permanent resident of Canada.
If you are interested in hiring an immigration lawyer, you can contact us at MM Immigration Law and we will be happy to assist you. We have extensive experience and knowledge in Canadian immigration law, and we have helped thousands of clients achieve their immigration goals. We offer a reasonable fee for our services. Contact us today and let us help you with your Express Entry application. 🍁
Family Sponsorship
Sponsor your spouse, common-law partner, child or parents.
Spousal Sponsorship Canada
Common-Law Sponsorship
If you and your partner are not married, you may still be eligible to sponsor your partner if you are in a common-law relationship. A common-law relationship exists where partners have resided together for a minimum of one year and are in a mutually exclusive relationship.
Secure Your Child’s Future in Canada with MM Immigration Law
A dependent child under 22 years of age can be sponsored by their parent. The Canadian or permanent resident parent needs to meet basic eligibility requirements and provide documentary proof of relationship to the child.
Same-sex / Gay / LGBTQ2+ Immigration Sponsorship Canada
Same sex partners and members of the 2SLGBTQ+* community can pursue the same immigration options available to opposite sex or heterosexual partners.
2024 Parents & Grandparent Sponsorship (PGP 2024)
Super Visa for Parents & Grandparents
The super visa is even better than a standard visitor visa because it allows your parents and grandparents to remain in Canada with you for up to two years.
