If someone overstays his/her visa in Canada and then marry a Canadian citizen or permanent resident, s/he may still be eligible to apply for permanent residency (PR) through spousal sponsorship according to Public Policy Under A25(1) of IRPA in accordance with the Regulations of the Spouse or Common-law Partner in Canada Class.

I am sharing the important excerpt of that policy related to this situation.

 

 

If you want to read in detail about the policy, here is the link: Public Policy Under A25(1) of IRPA to Facilitate Processing in accordance with the Regulations of the Spouse or Common-law Partner in Canada Class

 

Here, the main challenge is to convince the officer that the marriage / partnership took place based on genuineness, not out of convenience to secure PR in Canada. This is the basis of any spousal sponsorship application anyway.

However, the purpose of this article is to show that it’s doable to achieve PR despite of overstaying.

 

Disclaimer: None of the above statements are legal advice and are not meant to be the same for everyone. You must check the latest policy from the IRCC website before applying. Everything is stated clearly on the official website, still if you don't understand something, you can seek legal advice.

I am NOT assuring you that every information / opinion mentioned above is 100% true and updated, therefore, liability goes to you to verify if you are acting upon any of those.  

If you notice any error / mistake, please feel free to reach out to me by email: mdsiddiqur.rahman@queensu.ca. And I will be more than happy to cross check and modify as/if necessary.