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Family reunification is a cornerstone of Canada's immigration policy. The Canadian government recognizes the importance of keeping families together and has implemented policies to allow spouses and common-law partners to apply for permanent residence, even if they do not have legal status in Canada.

Eligibility for Sponsorship Under the Spouse or Common-Law Partner in Canada Class

If your spouse or common-law partner is currently in Canada without legal status, they may still be eligible to apply for permanent residence under the Spouse or Common-Law Partner in Canada Class. This special provision is designed to facilitate the processing of genuine relationships and prevent unnecessary hardship caused by separation.

Who Qualifies as Out-of-Status?

Under this policy, an individual is considered to have a "lack of status" if they fall into any of the following categories:

  • Overstayed a visa, visitor record, work permit, or student permit.

  • Worked or studied in Canada without proper authorization.

  • Entered Canada without the required visa or other necessary travel documents.

  • Entered Canada without a valid passport (as long as they obtain valid documents before permanent residence is granted).

Requirements for Sponsoring an Out-of-Status Spouse or Partner

To qualify as a sponsor, you must:

  • Be a Canadian citizen or permanent resident.

  • Be at least 18 years old.

  • Prove that your relationship is genuine and not entered into for immigration purposes.

  • Sign an undertaking agreement to financially support your spouse or partner for at least three years.

  • Not be in default of any previous sponsorship obligations.

Need Help? Contact Me!

If you are unsure whether you can sponsor your spouse or partner, I can help. As an RCIC-IRB, I provide expert guidance to navigate the complexities of sponsorship applications and ensure your case is handled correctly.

📞 Contact Me Today for a Consultation!

🔹 info.fortunerimmigration@gmail.com
🔹 437-994-5010

Let’s work together to help you achieve your goal and reunite with your family!

 

Disclaimer: Canadian immigration laws and regulations are subject to change. The information in this article is for general guidance only and may not reflect the latest legal updates at the time of your application. We strongly recommend consulting official government sources (IRCC website) or seeking advice from a qualified immigration professional before making any decisions or taking action.

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