According to the best Canada immigration consultants– it is well known that Canadian citizens and permanent residents can sponsor their spouses or common-law partners residing overseas, as well as lawful tourists, workers, and students, in Canada. What is less well known is that they can also seek for spousal sponsorship for their non-legally resident partners in Canada.
The Policy
In 2005, Canada implemented a policy requiring Immigration, Refugees and Citizenship Canada (IRCC) to process permanent residence petitions for wives and common-law partners of Canadian citizens and permanent residents who are in the country illegally. The strategy was implemented to make family reunification and inland processing easier, as well as to avoid hardship caused by family separation.
People who overstayed visas or permits, worked or studied without government authorisation, or entered the country without requisite visas and/or valid passports are all examples of illegal immigrants. The most common scenario includes people who travelled to Canada, fell in love with a Canadian, and then forgot that they had to depart before their approved stay time expired. It also happens regularly as a result of people’s irresponsibility, such as when they submit incomplete forms or pay the wrong fee for a legal status extension.
People who have been deported and returned to Canada without authorisation, those who entered Canada with fake or incorrectly obtained passports or visas, and those who are facing deportation for reasons such as deception or criminality are not covered by the policy.
The Process
According to the best Canada immigration consultants– apart from having legal status in Canada, anyone who submit sponsorship applications under the policy must meet all immigration requirements. They must demonstrate that their relationship is real and not for the purpose of immigration, as well as that they are not ineligible to enter Canada.
Applicants, both the sponsor and the one being sponsored, should be aware that their sponsorship applications are subject to the general misrepresentation provisions of Canadian immigration law. Those who make serious misrepresentations will be deported and barred from returning to Canada for a period of five years. It is critical that applicants understand that they do not need to conceal their lack of status in Canada or omit unauthorised labour from their immigration petitions.
Those applying for permanent residency under the public policy, unlike other applicants under the Spouse or Common-Law Partner in Canada Class, are not eligible for two-year open work permits while their sponsorship application is being processed.
A Note Of Caution: Deferring Removal
If an applicant applies for permanent residency under the public policy and is later discovered to be in Canada without authorization by the Canada Border Services Agency (CBSA), the CBSA will offer a 60-day deferral of deportation. While this may not appear to be a considerable delay, once CBSA has alerted IRCC that the administrative referral of removal has begun, IRCC prioritises the processing of files.
In some circumstances, the deferral of removal will not apply. Most crucially, if someone has submitted an immigration application and the CBSA detains them for being in Canada without authorization, the CBSA will postpone their deportation. If the CBSA uncovers someone without status in Canada, determines that they are removal-ready, and also determines that they have not yet completed a sponsorship application, they will not be granted a deferral of removal.
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