In Canada Class Sponsorship

You may be eligible to sponsor your spouse under In Canada class sponsorship program. Let us first understand, whether you qualify or not and then how to get through. Remember, Getting an Regulated Canadian Immigration consultant advice is a good idea. 

R 124. A foreign national is a member of the spouse or common-law partner in Canada class if they:

• (a) are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada;
• (b) have temporary resident status in Canada; and
• (c) are the subject of a sponsorship application.

The creation of the spouse or common-law partner in Canada class promotes family unity. Sponsor under Canada Class Today!

It allows Canadian citizens and permanent residents to sponsor their spouses or common-law partners who live with them in Canada, have legal temporary resident status and meet admissibility requirements. The requirement to have temporary resident status may however be waived by the spousal policy. Sponsored spouses or common-law partners may also include their dependent children in the application.

Unlike a spouse or common-law partner as defined in R117(1)(a), the member of the spouse or common-law partner in Canada class MUST be co-habiting with the Sponsor IN Canada.

Under the current Regulations, applicants in this spouse or common-law partner in Canada class must have a valid temporary resident status on the date of application and on the date they receive permanent resident status to be eligible to be members of the class.

However, under the spousal policy, applicants who lack status as defined under the public policy (see “What is lack of status under the public policy” below) may be granted permanent residence so long as they meet all the other requirements of the class (i.e., they are not inadmissible for reasons other than “lack of status.”)

Applicants who do not have temporary resident status and who cannot be granted positive consideration under the public policy can be removed at any time. Further, the spousal policy does not change the requirement to seek necessary authorization to visit Canada or to work or study here.

What is “lack of status” under the public policy?

For the purposes of the current public policy, persons with a “lack of status” refers to those in the following situations:

• persons who have overstayed a visa, visitor record, work permit, student permit or temporary resident permit;
• persons who have worked or studied without being authorized to do so as prescribed by the Act;
• persons who have entered Canada without a visa or other document required by the Regulations;
• persons who have entered Canada without a valid passport or travel document (provided valid documents are acquired by the time IRCC seeks to grant permanent residence).

• persons who did not present themselves for examination when initially entering Canada but
• who did so subsequently.
• Lack of status” does not refer to any other inadmissibility including, but not limited to:

• failure to obtain any required permission to enter Canada after being removed;
• persons who have entered Canada with a fraudulent or improperly obtained passport, travel document or visa and who have used the document for misrepresentation under IRPA. For greater certainty, persons will be excluded from being granted permanent residence under this public policy:
• if they used a fraudulent or improperly obtained passport, travel document or visa to gain entry into Canada; and
• if this document was not surrendered or seized upon arrival; and
• if the applicant used these fraudulent or improperly obtained documents to acquire temporary or permanent resident status.

Other cases may be refused for misrepresentation if there is clear evidence of misrepresentation under IRPA, in accordance with the Department’s guidelines.

 Check this Out