Inland Spousal Sponsorship for Out of Status Applicant

[MaceyHelen]

Hi, everyone!

I am looking for some advice about my Inland Spousal Sponsorship in Canada Class.

I have been married to a Canadian citizen since May 2021 (almost three years of marriage). Been dating since 2017, known each other since 2011. I have been residing in Canada out-of-status since 2010.

My fear is that once I submit my application, IRCC/CBSA will be notified about my existence and detain me while my application is resolved?
Will my lack of status be a reason that the application might be denied?
I must write a letter of explanation about why I overstayed my visitor visa, however, I am not sure it that will be a sufficient explanation for breaking the law. I have already written this letter.
I have no idea if I have a Removal Order -> Deportation Order issued in my name, in that case my spousal sponsorship application will not be successful,

I also have a Canadian citizen family member (my aunt), therefore I have ties to Canada through my aunt and my spouse. If this could be of help to lift concerns about misrepresentation that my current lack of status might raise?

Any advice is welcomed as these fears are preventing me from submitting my application.

 

[Amiah_world]

My advice might not be the best advise but I doubt they’ll detain you, I’m not too experienced as some others on here might be but from my knowledge and experience you do not even need to submit a letter of explanation about you overstaying. You won’t be detained until application is finalized either, just keep staying out of trouble and everything will work out. All the best !

 

[Ponga]

Hi, everyone!

I am looking for some advice about my Inland Spousal Sponsorship in Canada Class.

I have been married to a Canadian citizen since May 2021 (almost three years of marriage). Been dating since 2017, known each other since 2011. I have been residing in Canada out-of-status since 2010.

My fear is that once I submit my application, IRCC/CBSA will be notified about my existence and detain me while my application is resolved?
Will my lack of status be a reason that the application might be denied?
I must write a letter of explanation about why I overstayed my visitor visa, however, I am not sure it that will be a sufficient explanation for breaking the law. I have already written this letter.
I have no idea if I have a Removal Order -> Deportation Order issued in my name, in that case my spousal sponsorship application will not be successful,

I also have a Canadian citizen family member (my aunt), therefore I have ties to Canada through my aunt and my spouse. If this could be of help to lift concerns about misrepresentation that my current lack of status might raise?

Any advice is welcomed as these fears are preventing me from submitting my application.

Relax. There is a Public Policy in place exclusively for Inland Sponsorship applicants that are without status. It's been a policy for a number of years and MANY people like you have benefited from it. You can read about is, here:
https://dfimmigration.ca/how-to-immigrate-to-canada/inland-in-canada-sponsorship/

Applicants without Status in Canada

Even if someone does not have status in Canada, they are still able to be sponsored under the inland sponsorship process. This includes individuals who are in Canada illegally due to having overstayed a visa, or entered illegally.


Once the inland sponsorship application is received by IRCC, the applicant cannot be asked to leave Canada simply because they have no status in Canada. This does not apply to overseas (family class) sponsorship applications filed while the applicant is in Canada.


Applicants without status in Canada are not able to obtain a work permit under most circumstances.
---

I have not seen that same language from IRCC directly, but if it's coming from an immigration company, it must be true, maybe?

Here's what IRCC says:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/immigration-refugee-protection-act-spousal-policy.html

Read through this! It should calm your fears.

 

[canuck78]

Hi, everyone!

I am looking for some advice about my Inland Spousal Sponsorship in Canada Class.

I have been married to a Canadian citizen since May 2021 (almost three years of marriage). Been dating since 2017, known each other since 2011. I have been residing in Canada out-of-status since 2010.

My fear is that once I submit my application, IRCC/CBSA will be notified about my existence and detain me while my application is resolved?
Will my lack of status be a reason that the application might be denied?
I must write a letter of explanation about why I overstayed my visitor visa, however, I am not sure it that will be a sufficient explanation for breaking the law. I have already written this letter.
I have no idea if I have a Removal Order -> Deportation Order issued in my name, in that case my spousal sponsorship application will not be successful,

I also have a Canadian citizen family member (my aunt), therefore I have ties to Canada through my aunt and my spouse. If this could be of help to lift concerns about misrepresentation that my current lack of status might raise?

Any advice is welcomed as these fears are preventing me from submitting my application.

Even if you do have an active deportation order against you your spouse can still sponsor you if you do have to leave. You could also petition to have any removal order put on hold. Your aunt does not provide ties. Would stop working illegally if you are working illegally if you are looking to regularize your status.

 

[sooup1212]

Your application wont be denied as long as your sponsor eligibility is passed and your relationship is deemed genuine.

I just went through this process for my husband who was out of status for 5 years.
Got his pr approved in 7.5 months

Wrote a very detailed letter of explanation. Id suggest you write everything in terms of what you did during the last 10 years in an affidavit format.

10 years though I would say may not be the same as 5 years. ircc will definitely question your side work.

This isnt the states! Family reunification is the end goal.

 

[anon813]

Your application wont be denied as long as your sponsor eligibility is passed and your relationship is deemed genuine.

I just went through this process for my husband who was out of status for 5 years.
Got his pr approved in 7.5 months

Wrote a very detailed letter of explanation. Id suggest you write everything in terms of what you did during the last 10 years in an affidavit format.

10 years though I would say may not be the same as 5 years. ircc will definitely question your side work.

This isnt the states! Family reunification is the end goal.

Hi, I am in a similar situation with my partner being out of status for 6 months. We are planning to marry in next month and apply for inland spousal. Do you mind telling me what all documents you have submitted inaddition to the ones asked by ircc.

 

[MaceyHelen]

Your application wont be denied as long as your sponsor eligibility is passed and your relationship is deemed genuine.

I just went through this process for my husband who was out of status for 5 years.
Got his pr approved in 7.5 months

Wrote a very detailed letter of explanation. Id suggest you write everything in terms of what you did during the last 10 years in an affidavit format.

10 years though I would say may not be the same as 5 years. ircc will definitely question your side work.

This isnt the states! Family reunification is the end goal.

Did your husband work while being out of status for 5 years? Did he explain that? How detailed was his letter of explanation? What details did he write?

 

[sooup1212]

Did your husband work while being out of status for 5 years? Did he explain that? How detailed was his letter of explanation? What details did he write?

Yes, of course. lol
we wrote it like an affidavit style.
Explain everything in detail from the start, what you did, how you lost status.
Basically as detailed as you can so if they ever do call you in for an interview, that letter is your answer sheet.

Unfortunately I do not wish to elaborate on "how detailed" but you can definitely hire a consultant to review your application before submission. We did that

We admitted to his cash job, but I provided proof that prior from 6 months of application submission, I supported him financially.

 

[MaceyHelen]

Thank you so much for your reply. If you are comfortable with sharing, would you mind sharing what kind of proof of you supporting him financially for the 6 months prior to applying did you submit?

 

[sooup1212]

Thank you so much for your reply. If you are comfortable with sharing, would you mind sharing what kind of proof of you supporting him financially for the 6 months prior to applying did you submit?

i put him as a supplementary credit card holder, showing receipts of airbnb, amazon, our wedding banquet contract, joint bank acct, life insurance beneficiary. If you have tfsa or rrsp, can also show him as beneficiary or title holder.

also if you have work health benefits, I provided proof that he claimed for vision/dental claims after our marriage.