Spouse or Common-Law Partner in Canada Class

[EffEhEm]

Hello!

My (American) spouse is with me in Canada now. We had been planning to apply for permanent residence with him in the states, but circumstances changed and he ended up coming to stay with me at my parents house while I return to school. From what I can glean, it is possible for us to apply with him here, as a spouse in Canada. What I've been told is that him being here on a visitor visa means he is on a temporary residence visa, and that makes it possible for us to apply in this way, as he is considered to be living with me. Is this correct? We've started the application already and the further into it we get, the more I question whether this is the case. I just want to make sure we do things the right way.

Thank you

 

[armoured]

Hello!

My (American) spouse is with me in Canada now. We had been planning to apply for permanent residence with him in the states, but circumstances changed and he ended up coming to stay with me at my parents house while I return to school. From what I can glean, it is possible for us to apply with him here, as a spouse in Canada. What I've been told is that him being here on a visitor visa means he is on a temporary residence visa, and that makes it possible for us to apply in this way, as he is considered to be living with me. Is this correct? We've started the application already and the further into it we get, the more I question whether this is the case. I just want to make sure we do things the right way.

Thank you

Yes, that's correct.

That said: you may want to choose the regular/not-in-Canada (outland) class (I think formally termed 'family' class). You can do this even if he is in Canada.

There is no longer any big advantage to applying spouse-in-Canada (called 'inland'). Both can apply for work permits, and if he ends up needing to travel or similar, less risk of the applicaiton being cancelled.

 

[Ponga]

Hello!

My (American) spouse is with me in Canada now. We had been planning to apply for permanent residence with him in the states, but circumstances changed and he ended up coming to stay with me at my parents house while I return to school. From what I can glean, it is possible for us to apply with him here, as a spouse in Canada. What I've been told is that him being here on a visitor visa means he is on a temporary residence visa, and that makes it possible for us to apply in this way, as he is considered to be living with me. Is this correct? We've started the application already and the further into it we get, the more I question whether this is the case. I just want to make sure we do things the right way.

Thank you

He could apply via the SCPLC (Inland) spousal sponsorship even if he did not have legal status. This is only available for an Inland applicant.

When you refer to him as your `spouse', do you mean your marriage partner/spouse. I ask because sometimes a person that is in a Common-Law relationship may call their`partner' their spouse.
Either way, the requirement of an inland applicant is to be cohabiting with their sponsor for the duration the process.

I agree with the member, above, that there's no longer an advantage in submitting the Inland application, so long as the applicant has (and will maintain) legal status during the duration of the not-so-thrilling `ride'.