Is legal status now required for In-Canada Spousal or Common-Law sponsorship?

[computergeek]

But that doesn't explain why CIC deliberately changed the language in the In-Canada Guide. If a person without status can still apply, why does CIC now think that the public policy has expired?

A web developer or documentation writer changed the language. That does not mean it was a conscious decision to change policy on behalf of CIC.

The website is known to have inaccurate and/or misleading information. I suspect in some cases it is deliberate - that they are trying to encourage specific behaviour. In other cases I suspect it is just a byproduct of the person responsible for the text not really considering that people outside will be carefully scrutinizing the text for hidden meaning or indications of policy change.

In this case, I suspect they want to encourage people to stay in legal status.

 

[Ponga]

A web developer or documentation writer changed the language. That does not mean it was a conscious decision to change policy on behalf of CIC.

The website is known to have inaccurate and/or misleading information. I suspect in some cases it is deliberate - that they are trying to encourage specific behaviour. In other cases I suspect it is just a byproduct of the person responsible for the text not really considering that people outside will be carefully scrutinizing the text for hidden meaning or indications of policy change.

In this case, I suspect they want to encourage people to stay in legal status.

Wow! That's almost scary; that CIC may not have been privy to this major change.

IMHO, this can only do more harm, by now giving a person (without status) that has not yet applied, the illusion of having `no way out' of their situation, without leaving Canada.

The meaning seems quite clear (NOT hidden).

 

[computergeek]

IMHO, this can only do more harm, by now giving a person (without status) that has not yet applied, the illusion of having `no way out' of their situation, without leaving Canada.

How is the departure of someone out of status in Canada "harmful" to Canada? it might be harmful to the foreign national, but such people are not the constituents of CIC.

Actually, your point might be the actual intent here: to get illegal foreign nationals to leave Canada.

 

[Ponga]

How is the departure of someone out of status in Canada "harmful" to Canada? it might be harmful to the foreign national, but such people are not the constituents of CIC.

Actually, your point might be the actual intent here: to get illegal foreign nationals to leave Canada.

I never implied that it was, or would be, harmful to Canada. It would certainly been a major setback to the foreign national and his Canadian sponsor.

I think there's some merit to your last point, but by CIC changing the language that states that those without status are no longer eligible to apply, if the public policy is still in place...is pretty sneaky.

 

[computergeek]

I think there's some merit to your last point, but by CIC changing the language that states that those without status are no longer eligible to apply, if the public policy is still in place...is pretty sneaky.

But it is in keeping with the normal model for the current government.

So legally they aren't eligible to apply (and that is what the law says) but due to a special policy of the Minister (the "public policy") this legality is waived.

It's also possible that this foreshadows a change in the public policy that might arise in the future. Perhaps they will blame the backlog of current applications on "all the illegals permitted to apply this way".

 

[Ponga]

But it is in keeping with the normal model for the current government.

So legally they aren't eligible to apply (and that is what the law says) but due to a special policy of the Minister (the "public policy") this legality is waived.

It's also possible that this foreshadows a change in the public policy that might arise in the future. Perhaps they will blame the backlog of current applications on "all the illegals permitted to apply this way".

As per usual, I believe your theory is spot on. Change might very well be...just around the corner.

 

[bartjones]

So does that mean that a person who has lost status and failed to apply for restoration of their status within the 90 days can still submit an inland spousal PR application?

 

[Carlaganda23]

So does that mean that a person who has lost status and failed to apply for restoration of their status within the 90 days can still submit an inland spousal PR application?

It was stated on the guidelines but there was never a change in the Public Policy or in the forms. I don't know what's going on really, CIC is confusing.

 

[Ponga]

So does that mean that a person who has lost status and failed to apply for restoration of their status within the 90 days can still submit an inland spousal PR application?

According to the `mysteriously updated' Inland guide, such a person would now not qualify.

 

[bartjones]

According to the `mysteriously updated' Inland guide, such a person would now not qualify.

But assuming the updated inland guide is just a typo or otherwise doesn't reflect a change in policy, an out of status person who can't restore his status, can make an inland spousal PR application?

 

[Rob_TO]

But assuming the updated inland guide is just a typo or otherwise doesn't reflect a change in policy, an out of status person who can't restore his status, can make an inland spousal PR application?

I would say yes continue on as before... until we see an actual case of an inland applicant being flat out rejected due to being out of status at the time the app was submitted, or a notice is publicly released by CIC to announce the major change in policy.

 

[jsrnm]

I have been adviced to go ahead with my application. In the back of my mind I am very nervous to do so. How can we find out for sure ?

 

[Ponga]

But assuming the updated inland guide is just a typo or otherwise doesn't reflect a change in policy, an out of status person who can't restore his status, can make an inland spousal PR application?

It doesn't seem to be a typo, because the entire sentence was changed. Somebody had to actually make this change (at least on CIC's website). WHY the change was made, is yet another question that will remain unanswered...at least for now.

 

[Ponga]

CIC did not change this part of the Guide:

Before you apply
Important information

Before you fill out the forms, read the following important information:
Things to remember

A foreign national cannot become a permanent resident in Canada if he or she is inadmissible for reasons other than lack of legal immigration status in Canada.

The mystery continues.

 

[chakrab]

CIC did not change this part of the Guide:

Before you apply
Important information

Before you fill out the forms, read the following important information:
Things to remember

A foreign national cannot become a permanent resident in Canada if he or she is inadmissible for reasons other than lack of legal immigration status in Canada.

The mystery continues.

that could just refer to people who are inadmissible to canada just because they need a visa and don't have one. as opposed to previous criminal or military backgrounds (for example). CIC has a weird way of interpreting things at times.