In-land Spousal Sponsorship

[neilepps]

In-land Spousal Sponsorship

Although the IRPR currently requires applicants in the spousal sponsorship category to have temporary legal status in Canada, special policy allows for a waiver of this requirement where the applicant’s only inadmissiability is for “lack of status”. Thus, where an individual has run out of status in Canada, has a spouse or common law partner who is a Canadian citizen or permanent resident and is inadmissiable for no other reason than lack of status, an in-land spousal sponsorship application could be a means to remain in Canada permanently. While there are a number of factors that are considered in the processing of spousal sponsorship applications, it is crucial that the applicant pass both medical and criminal screening and that the sponsor is able to financially support the applicant. can someone inlighten me on what exactly this means plz?

 

[Ponga]

A person without status is (or at least was, up until September 2014*) eligible to apply for PR as long as they have an eligible sponsor and are not otherwise inadmissible to Canada. This means, no previous criminality that would prevent CBSA from allowing them to enter Canada.

It's important to know that this does NOT guarantee that a person will not be removed from Canada, which is why the guide also said [then] that a person without status could still be removed from Canada at any time. However, a person that was not yet deemed `Removal Ready' by CBSA when CIC received an Inland application, was probably not a priority for them to take removal action and was allowed to remain.


The person would need to provide a medical examination by a CIC Panel physician, as well as police checks (PCC) from every country where the person has lived for 6 months or more, since age 18 (except for Canada).

The sponsor is financially responsible for the applicant for 3 years (just like those with status).


*
The Inland Guide was updated last September and the previous language that stated that legal status is no longer a requirement, has been removed. The Guide now states that legal status is required for those who wish to apply. The Guide has been updated again since September and this new language remains. AFAIK, nobody has been able to find out what this really means, but since CIC has made the decision to change the language, it would certainly seem feasible that this might have changed.