Often, Canada is seen as a sort of safe haven for spouses who are separated by geographical barriers because of its lenient immigration laws and constant desire to unite families—a mission deep-rooted in the government itself.
By now, it’s common knowledge that The Great White North is at the top of the leaderboards when it comes to accepting as many immigration applicants as possible. When it comes to spousal and common-law partner applications, Canada continues to break records every single year because of the increasing number of approvals it has been sending out.
If you’re with a partner who lives halfway across the world, it’s definitely understandable to feel a strong sense of hope when it comes to uniting with them in the place that you call home. However, matters can take a rather challenging turn if your partner currently lives with you in the country without legal status—but there is a way to quickly make sure that they can stay legally!
Getting a spousal sponsorship for your partner without a legal status
Understandably, you may feel a bit anxious about applying for a spousal sponsorship on your partner’s behalf because they might lack legal immigration status. This situation makes for a unique predicament that thousands of couples face each year after having one party come over on a legal visitor visa—one which does not last quite long.
Well, here’s the thing: It isn’t as dangerous or risky as you may expect.
You see, the Canadian government established a key policy in 2005 that specifically addresses the common predicament of attaining a spousal sponsorship for a partner without legal status in Canada. This specific policy requires the Immigration, Refugees and Citizenship Canada (IRCC) to make room for such situations so that such applicants aren’t denied outright.
The way the policy works is that the CIC is required to process permanent residence applications for the spouses and common-law partners of Canadian citizens and permanent residents without legal immigration status. In short, the public policy makes it easier to attain inland processing without the risk of undergoing a forced separation, where a spouse without legal status must go back to their home country.
What constitutes a lack of legal immigration status in the first place?
Generally speaking, a lack of legal immigration status (especially in spouses where only one is a permanent resident or Canadian citizen) applies to a specific group of people, namely:
- Visitors who worked or studied without government authorization
- Residents who entered the country without required visas (or valid passports)
- Visitors who have overstayed their visas or permits
Often, these situations arise when a person who travels to Canada for whatever purpose ends up becoming romantically involved with a Canadian. Unfortunately, while love can’t be stopped, a visiting immigration visa has its end because of the authorized stay period that comes with it (in addition to potentially-incomplete forms for extension).
So, what’s the process like?
When it comes to letting love go on and sponsoring a partner for a permanent residence visa, even if they don’t possess a legal status in the country, there’s a specific process that involves a lot of proving. In a nutshell, the tasks you and your spouse will need to go through fall along the lines of proving your relationship’s legitimacy and meeting all immigration requirements.
(It is worth noting, however, that it is best to enlist the services of an expert, like Bright Immigration, if you want the highest possible chances of success!)
While it’s safe to say that nothing can stop the train of love, a predicament involving a lack of legal status and Canada’s firm immigration policies can potentially derail it if you don’t come prepared. Thankfully, keeping this guide in mind and following the process as established by the public policy mentioned above can help you turn things around and start living your best life with your partner without any underlying issues or stress!
If you’re looking for professional help from a trusted firm please contact our immigration consultants in Toronto at firstname.lastname@example.org or call 1-888-404-8472.