HI
patiently_waiting said:
I went on google and looked up your question and this is what I could come up with. Good Luck
Home Page > Law > Immigration > Sponsoring Spouses Who Are Illegally Resident in Canada Sponsoring Spouses Who Are Illegally Resident in Canada
Many Canadian citizens marry a foreign fiancee in Canada even though they are not legally resident there. Prior to 2005, it was against the law to sponsor your foreign spouse if he/she was illegally resident in Canada. A change to public policy on illegal immigrants who were legally married to Canadian citizens or permanent residents of Canada now allows the spouse to be sponsored regardless of their immigration status.
If your husband or wife lives illegally in Canada, he/she must correct the problems with their illegal status before you apply to sponsor him/her. The first step is to apply for a temporary residence permit. The application is available from Citizenship and Immigration Canada. Once completed it should be mailed along with proof of fee payment and supporting documents to the Case Processing Centre (CPC) in Vegreville, Alberta.
If temporary residence is denied, your spouse can apply for consideration on humanitarian and compassionate grounds. Once temporary residence has been granted, you can apply for sponsorship for your spouse by submitting a sponsorship application to Citizenship and Immigration Canada; your spouse must submit an application for permanent residence. Your spouse's previous immigration violation will be overlooked, however if your husband or wife is deemed inadmissible to Canada their application will be refused and they will not be able to appeal against the decision. Inadmissibility will result in your partner being deported.
Read more: http://www.articlesbase.com/immigration-articles/sponsoring-spouses-who-are-illegally-resident-in-canada-3001847.html#ixzz1DnQ8fHlj
nder Creative Commons License: Attribution
Much better off to read CIC's policy in IP Manual 08
3. Policy
CIC is committed to family reunification and facilitating processing in cases of genuine spouses
and common-law partners already living together in Canada. CIC is also committed to preventing
the hardship resulting from the separation of spouses and common-law partners together in
Canada, where possible.
This means that spouses or common-law partners in Canada, regardless of their immigration
status, are now able to apply for permanent residence from within Canada in accordance with the
same criteria as members of the Spouse or Common-law Partner in Canada class. This
facilitative policy applies only to relationships in which undertakings of support have been
submitted.
Undertakings are a requirement under this public policy largely because undertakings can be an
indication of the applicant’s links with relatives in Canada, which is, in turn, a factor that adds to
the degree of hardship involved in the separation of spouses and common-law partners.
Undertakings are also a requirement in the Spouse or Common-law Partner in Canada class.
A25 is being used to facilitate the processing of all genuine out-of-status spouses or common-law
partners in the Spouse or Common-law Partner in Canada class where an undertaking has been
submitted. Pending H&C spousal applications with undertakings will also be processed through
this class1. The effect of the policy is to exempt applicants from the requirement under
R124(b) to be in status and the requirements under A21(1) and R72(1)(e)(i) to not be
inadmissible due to a lack of status; however, all other requirements of the class apply and
applicants will be processed based on guidelines in IP2 and IP8.
See: http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf