Sponsoring non-status spouses and partners in Canada

Canada provides certain options for spouses and common-law partners of Canadians for securing permanent residence despite not having an immigration status. This is in keeping with Immigration, Refugees, and Citizenship Canada’s [IRCC’s] mandate to keeping families together. IRCC extends the mandate to include non-status immigrants in a genuine and ongoing relationship with a Canadian.

Cases of “lack of status” spouses and partners come under IRCC’s objective of keeping families together. IRCC also aims at the prevention of hardship that occurs when a couple already living together in Canada is separated.

While it is possible to receive a removal order for being in the country without immigration status, IRCC policies allow people to apply for a sponsorship – spousal or common-law – as migrants with no immigration status without being made to leave Canada. The couple would still have to successfully meet all the other criteria for eligibility for spousal and common-law sponsorship for their Canadian permanent residence application to meet with success.

Canadians – permanent residents and citizens – can sponsor their foreign partners irrespective of immigration status. Nevertheless, the Canadian sponsor in such situations must sign an undertaking to the effect. The undertaking is a promise made to the Government of Canada that they would indeed support the basic needs of their spouse/partner and dependent children.

As per IRCC, “Undertakings are a requirement under this public policy largely because undertakings can be an indication of the applicant’s links with relatives in Canada, which is, in turn, a factor that adds to the degree of hardship involved in the separation of spouses and common-law partners.”

In such cases, a “lack of status” refers to those in situations wherein the individual has –

• Overstayed a visa, visitor record, student permit or work permit;
• Worked or studied without the authorization to do so under the Act;
• Entered Canada without the required visa or any other required document as per the regulations; or
• Entered Canada without a valid passport or travel documents [provided, however, that valid documents are acquired by the time that a decision is to be made on their permanent residence application].

If a valid passport or travel document is not acquired by the time of the granting of Canada PR, the applicant might be found to be inadmissible to Canada.

“Lack of status” does not cover any other inadmissibilities like –

• Failure in obtaining permission for entering Canada after being deported, or
• Having entered Canada with a fake or improperly obtained passport, visa or travel document and having later used the document for misrepresentation.

IRCC categorically states that individuals will be excluded from being granted Canadian permanent residence under this public policy if they had used a fake or improperly obtained passport, visa or travel document and the document – not being seized or surrendered on arrival – was used for acquiring temporary or permanent resident status.

Applicants that do not have an undertaking of support submitted by their Canadian spouse or partner do not qualify to be processed under this public policy.

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