Sponsorship of a Spouse in Canada without Legal Status – Aptech Visa

The spouse or common-law partner of a Canadian citizen may submit an internal spouse sponsorship request under the Canada spouse sponsorship procedure even though they do not have a legal right to be in Canada. However, there are several situations in which a spouse without legal status will not be permitted to submit.

Both requests from within Canada and those from outside are accepted through the Canada Spouse Sponsorship process. Undoubtedly, a Canadian strategy is the only one that will work in the case of the sponsored person failing to maintain approved status while in the state.

If you don't have legal status in Canada, you may still apply for permanent residence through the Canada spouse sponsorship process in the following circumstances:

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If you arrived in the country with a visa for temporary residence and stayed there longer than allowed. For individuals applying for permanent residence as the spouse or common-law significant other of a Canadian citizen or permanent resident, the Canada spouse sponsorship method would create an exception in certain circumstances. 

If you didn't have a valid passport or other acceptable forms of identification when you entered. When you are a spouse or common-law partner, you are eligible to apply for permanent residence through the Canada spouse sponsorship process. However, in order to apply, you will need a valid passport obtained from your home country.

Also read: Canada will extend the Super Visa to 5 years per entrance.

If you are deemed inadmissible to the country, the Canada Spouse Sponsorship Program will allow you to apply for permanent residency as a spouse or common-law partner. On the other hand, it's possible that the reasons you were rejected had nothing to do with your lack of status. For instance, issues with your health or safety may prevent you from being approved for permanent residence.

Situations in which you are ineligible to apply for permanent residence under Canada's spouse sponsorship program because you do not have valid immigration status in Canada include:

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In the event that you were ever expulsed from Canada and returned without permission. Your application for Canada spouse sponsorship will likely be rejected in this situation. However, if you happen to go back to your own home country, you could be allowed to perform an outside the territory process. You must be aware that if you apply for permanent residency through Canada's spouse sponsorship process without having a valid status, you will not be allowed to work or enrol in school there until you have been awarded resident standing. Additionally, you could be deported at any time.

Also read: Canada to allow super visas for parents and grandparents of Canada PR and citizens

It will probably take 12 to 18 months to process a spouse sponsorship application from within Canada. The process of sponsoring a spouse outside of Canada will take six to twelve months.