You can sponsor your spouse or common-law partner who is living in Canada without legal status. However, there are some key points to consider that could affect the sponsorship process.

Inland Sponsorship Application

One option for sponsoring your spouse or partner is through the Inland Sponsorship program. This is where the applicant (your spouse or partner) is already living in Canada during the application process. However, there are some critical details to keep in mind:

• Maintaining Legal Status: Normally, Inland sponsorship requires the applicant to have legal status in Canada (such as a visitor visa, work permit, or study permit). If your partner is out of status, this can complicate the situation, but it doesn’t necessarily mean they are ineligible to apply.
• Restoration of Status: If your spouse or partner is out of status, they may be able to restore their status to legalize their stay while their sponsorship application is processed. This would involve applying to restore their status before submitting the permanent residency application. However, this is not guaranteed, and it is advisable to consult an immigration professional to ensure all options are explored.
• Work Permit: If your spouse or partner is living in Canada without status, they will not be eligible for an open work permit under Inland Sponsorship until their application is approved. This is one of the limitations of this option.
• Risk of Deportation: If their application is refused, they could be asked to leave Canada. If their status was not restored or they have been in Canada illegally for a long time, they may face additional challenges.

Outland Sponsorship Application

Another option is the Outland Sponsorship process, where your spouse or partner is living outside Canada at the time of application. For this type of sponsorship:

• No Need for Legal Status in Canada: The applicant does not need to be in Canada to apply, so the issue of legal status doesn’t arise in the same way it does for Inland sponsorship.
• Processing Through the Home Country: The application will be processed through the Canadian visa office responsible for the applicant’s country of origin or country of residence. If your partner is in Canada illegally but applies under Outland sponsorship, they may still be able to travel outside Canada and attend any required interviews.
• Ability to Stay in Canada: If your spouse or partner is living in Canada without legal status, they would not be able to stay in the country while the application is processed, unless they leave Canada and return under valid status (e.g., with a visitor visa).

Considerations and Risks

While it is possible to sponsor a spouse or partner who is living in Canada without legal status, there are certain risks and challenges that you should be aware of:

• Application Processing Delays: Applications for individuals who are out of status may take longer to process, as the authorities may conduct additional checks to ensure the applicant meets all the requirements.
• No Guarantee of Staying in Canada: Even if the sponsorship application is approved, your spouse or partner may not be able to stay in Canada if they have been out of status for a long period. They may need to leave the country to complete the application or may be required to attend an interview in their home country.
• Risk of Refusal: If the application is refused, your spouse or partner may face deportation or be barred from applying for future visas to Canada for a certain period. This is especially true if they have been in Canada illegally for a prolonged period.
• Permanent Resident Status: If the application is successful, the spouse or partner can receive permanent residency status, which will resolve their immigration issues. However, until the application is approved, they may not have legal status to stay in Canada.

How to Move Forward

If your spouse or partner is in Canada without legal status and you wish to sponsor them, there are a few steps you should take to ensure the process goes smoothly:

1. Consult with an Immigration Consultant: Given the complexity of this situation, it is advisable to consult with an immigration lawyer or consultant who can guide you through the process and help ensure all requirements are met.
2. Restore Status: If your partner is out of status, look into the possibility of restoring their legal status before applying for sponsorship. This can improve their chances of being able to stay in Canada while their application is processed.
3. Ensure Proper Documentation: Make sure you have all the necessary documents for the sponsorship application, including proof of your relationship, legal status, and any documents relating to your partner’s previous immigration history.
4. Understand the Risks: Be aware that sponsoring a spouse or partner who is out of status may carry certain risks, including delays, the possibility of refusal, and the need to leave Canada during the process.