If you’ve been living in Canada with your spouse or partner for a while and wish to acquire Permanent Residency (PR), you may want to consider aiming for an inland spousal application. If your significant other is a citizen or permanent resident of the country, they can act as your sponsor in hopes of achieving a PR in Canada.
The spousal sponsorship application is one method of speeding up the immigration process to grant you the legal right to live in Canada with your common-law partner or spouse. If you want to know what you need before you begin working on your application, keep reading below.
What Is an Inland Spousal Application?
An inland spousal application grants foreigners seeking a PR to stay in Canada while the Immigration, Refugees, and Citizenship Canada (IRCC) continues to process the application. The application is only viable for those with Canadian spouses or common-law partners.
The Requirements for an Inland Spousal Application
Based on Section 124 of the Immigration and Refugee Protection Regulations (IRPR), anyone can be considered a qualified applicant if they are:
- a foreign national living in Canada with a Canadian spouse or common-law partner;
- currently holding temporary residency in Canada; and
- subject to a sponsorship application.
Since one of the requirements is to show proof that you own a temporary residency in Canada, it must be in the form of a valid visitor visa, work or study permit, or temporary residency permit (TRP). In the event that you don’t hold a legal visitor pass in the country, you may still have a chance to apply for an inland spousal sponsorship.
Common Situations for Exemption Under the CIC Public Policy
For those looking to move to Canada, but don’t have the proper requirements to seek an inland spousal application, the CIC imposes a public policy that can exempt you from your situation.
But first, you must belong to any of the following conditions:
- If you’ve been staying in the country past the expiry of your visitor visa, work permit, study permit, or temporary residency permit;
- If you’re living in Canada unauthorized to pursue your career or education;
- If you’re staying in the country even without a visa or required legal document;
- If you’re visiting Canada despite not having a valid passport or other travel record but have brought other documents to prove your identity for your PR application; or
- If you found other ways to enter Canada without going past the port of entry and can prove you have a real relationship with your spouse or common-law partner.
However, if you’re experiencing one of the circumstances above, you need to retrieve your status and seek an immigration agency’s help to apply for an inland spousal application. Unfortunately, you can still experience eviction or deportation due to the regulations of the Canada Border Services Agency (CBSA).
Additional Information About the Inland Spousal Application
You should not treat the public policy as an excuse to force your way into Canada without needing to go through an inland spousal application. In addition, you are not permitted to use the policy if your reasons involve any of the following:
- If you’re visiting Canada irregularly for the sole purpose of working to obtain an Authorization to Return to Canada;
- If you’re holding a fake passport or travel document while entering the Canadian borders and utilizing the same records to try and apply for permanent residency; or
- If the Canadian government has a removal order placed against you or other enforcement claims for not having the correct status for an inland spousal application.
Conclusion
Before you even begin to apply for an inland spousal application, you need to have clear evidence that you’re a reliable candidate to achieve PR in the country. If you aren’t sure about your status, you should seek the professional assistance of an immigration consultant. Other than that, you must be cohabiting with your partner before you even think about preparing the documents for an inland spousal application.
Bright Immigration is your Canadian immigration expert capable of offering quality legal care for those requiring spousal immigration assistance for an inland spousal sponsorship. If you’re looking for professional help from a trusted firm, please contact us at info@brightimmigration.com or call 1-888-404-8472.
