Illegal immigrant in another country applying for family class sponsorship
- Thread starter Roch6219
- Start date
assuming that you re not convicted of any crime it would be fine ,but which class of Canadian family sponsorship you are talking about ?
Yes, you can bring them here provided both you and they meet the requirements for family class sponsorship. Make sure you are 100% honest about their status in the application.
Thanks for your time. I am applying for common law partner under family class sponsorship.
You can certainly do that. I'm assuming it's just an overstay and there are no criminality issues.
Separate from your overstay issue: you and your partner must have lived together, twelve months continuously, and be able to document the cohabitation well. Is your spouse a citizen / where does the sponsor reside?
The spouse lives in Canada. And I have submitted my application online and in Canada already. Medical done already in an undocumented country.
Here are a few complexities that could possibly come up:
- A valid passport is needed. Hopefully you have a valid passport, but if not, it can be difficult to renew if in a country without status.
- It's possible IRCC may want to hold an interview to confirm the relationship is genuine. If so, it's possible IRCC may schedule that interview for the applicants home country and not the country they are in now since they entered that country illegally.
- I'm assuming you have strong evidence that you have the full year of continuous cohabitation to qualify for common law
Good luck.
Thank you so much for your help. I have a valid passport. I sent proof of relation that they requested with my application. By sending Aor I assume that they did not have any concern again for the 1 year cohabitation with my partner. Please if I’m wrong you can correct me. Thank you
AOR just confirms your application has been received and appears complete. It does not mean they have no concerns against for the 1 year cohabitation. That assessment won't happen until later during the eligibility stage.
as mentioned ,it shouldnt be a problem ,you still have to prove the genuine relationship with your common law, and convince the immigration officer.
you being an illegal immigrant is an issue where you are now ,but not for your application .
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The one year cohabitation is a separate requirement from the relationship proof (although admittedly in some sense they overlap).
You have not said anything about what you submitted to support the case for common law - which makes me believe that this is likely where the problem is going to arise. You would not find that out at this point, but with a refusal (or possibly a letter prior to refusal).