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

[Ponga]

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.

No. That statement seems to mean just what it says: a lack of immigration status.

If a person was inadmissible to Canada, they would not be able to submit an Inland application at all, right?

 

[Nexus2014]

I was out of status. I applied for PR. I left Canada for 10 days, came back, and was stamped in as a visitor for 6 months. Does that change my status on for my PR application?

 

[zardoz]

I was out of status. I applied for PR. I left Canada for 10 days, came back, and was stamped in as a visitor for 6 months. Does that change my status on for my PR application?

Yes, you are back in status again.

 

[Nexus2014]

Thanks for clearing that up.

 

[computergeek]

How can we find out for sure ?

In the end, the only way to find out for sure is to submit the application.

 

[Ponga]

I was out of status. I applied for PR. I left Canada for 10 days, came back, and was stamped in as a visitor for 6 months. Does that change my status on for my PR application?

Since you applied 2 months ago, you should now promptly withdraw your Inland application and submit an Outland application!

 

[chakrab]

No. That statement seems to mean just what it says: a lack of immigration status.

If a person was inadmissible to Canada, they would not be able to submit an Inland application at all, right?

Does CIC even check if the applicant is in Canada during the process? I mean the spouse of an American could apply for inland (not that they should). the American could live in America for the whole process. the mailing address can be in canadian spouse's address. any communication can be done through the canadian spouse. the american can come over during landing interview and appear for the interview. CIC doesn't require the applicant to have a driver's license or local address document.

 

[Ponga]

Does CIC even check if the applicant is in Canada during the process? I mean the spouse of an American could apply for inland (not that they should). the American could live in America for the whole process. the mailing address can be in canadian spouse's address. any communication can be done through the canadian spouse. the american can come over during landing interview and appear for the interview. CIC doesn't require the applicant to have a driver's license or local address document.

I don't know, but that scenario would be...insane!

 

[chakrab]

insane is some people's middle name lol

but seriously, CIC doesn't mandate inland applicants to stay in canada. just that they should be available at the landing interview.

 

[Ponga]

insane is some people's middle name lol

but seriously, CIC doesn't mandate inland applicants to stay in canada. just that they should be available at the landing interview.

The real issue is if the couple is required to be living together (which they are), not to mention misrepresentation. I'm sure that if CIC needs to know, they have a `Bat Phone' that rings at the CBSA office. Since Canada and The U.S. share entry/exit data...they would certainly know!

 

[Rob_TO]

but seriously, CIC doesn't mandate inland applicants to stay in canada. just that they should be available at the landing interview.

Completely wrong. They indeed mandate it.
http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf
CPC advises sponsor that applicant is not a member of the family class if they are not cohabiting with the sponsor in Canada
http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf
Cohabitation - One of the eligibility criteria in R124 is cohabitation with the sponsor in Canada. Documents provided as proof of the relationship should also establish that the spouse or common-law partner and the sponsor are living together. If this is not clear from the evidence available, the CPC-V should request further documents or refer to a CIC for an interview

Each time you cross the border there are records of it. So if CIC wanted to check, they can see if anyone is currently in the US or Canada, and for how long. To risk this is not advisable as who knows when CIC may feel the need to check up on this.

And even when an inland applicant has PR approved, at the landing interview it's common for the CIC officer to ask for proof of cohabitation in Canada. There's been a few cases here of inland applicants being rejected for PR at their landing interview when the officer finds they actually weren't cohabiting.

 

[chakrab]

Completely wrong. They indeed mandate it.
http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf
CPC advises sponsor that applicant is not a member of the family class if they are not cohabiting with the sponsor in Canada
http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf
Cohabitation - One of the eligibility criteria in R124 is cohabitation with the sponsor in Canada. Documents provided as proof of the relationship should also establish that the spouse or common-law partner and the sponsor are living together. If this is not clear from the evidence available, the CPC-V should request further documents or refer to a CIC for an interview

Each time you cross the border there are records of it. So if CIC wanted to check, they can see if anyone is currently in the US or Canada, and for how long. To risk this is not advisable as who knows when CIC may feel the need to check up on this.

And even when an inland applicant has PR approved, at the landing interview it's common for the CIC officer to ask for proof of cohabitation in Canada. There's been a few cases here of inland applicants being rejected for PR at their landing interview when the officer finds they actually weren't cohabiting.

very interesting. more detailed than the application form and manual. thanks. and hey, i had a feeling the idea was too crazy to be true

 

[chakrab]

Here's the confusing bit. They never say an applicant can't leave.

5.28. Applicants who leave Canada before a final decision is taken on their application for
permanent residence

An applicant's departure from Canada after the application is stamped as received or after assessment of eligibility for membership in the spouse or common-law partner in Canada class may affect their ability to become a permanent resident.

A foreign national becomes a permanent resident, if following an examination, it is established that they meet the selection criteria and other requirements applicable to that class as per R72(1)(d).

Foreign nationals are not provided with any guarantees that they will be allowed to return to or re-enter Canada. If they are unable to do so, their application for permanent residence may be refused because they are not cohabiting with their spouse or common-law partner at the time the case is finalized [R72(1)(d) and R124(a)].

It may therefore be appropriate to counsel applicants who are outside Canada to withdraw their
spouse or common-law partner in Canada class application and submit a new application for a
permanent resident visa to the CPC-Mississauga (CPC-M).

 

[Ponga]

Yes, but as Rob_TO pointed out from the ip (Inland Processing) manuals, cohabitation is crucial for a common-law, or spousal applicant's assessment.

And...your wacky :-\ scenario was based on a person not living in Canada, which is completely different from a person leaving (temporarily) and returning to Canada.

 

[Rob_TO]

Here's the confusing bit. They never say an applicant can't leave.

5.28. Applicants who leave Canada before a final decision is taken on their application for
permanent residence

An applicant's departure from Canada after the application is stamped as received or after assessment of eligibility for membership in the spouse or common-law partner in Canada class may affect their ability to become a permanent resident.

A foreign national becomes a permanent resident, if following an examination, it is established that they meet the selection criteria and other requirements applicable to that class as per R72(1)(d).

Foreign nationals are not provided with any guarantees that they will be allowed to return to or re-enter Canada. If they are unable to do so, their application for permanent residence may be refused because they are not cohabiting with their spouse or common-law partner at the time the case is finalized [R72(1)(d) and R124(a)].

It may therefore be appropriate to counsel applicants who are outside Canada to withdraw their
spouse or common-law partner in Canada class application and submit a new application for a
permanent resident visa to the CPC-Mississauga (CPC-M).

No the question in breaking the "cohabitation in Canada". Leaving for a couple weeks vacation is fine if there are no problems re-entering Canada. However leave for an extended time of months or longer and if CIC finds out they could decide:
- if applicant is outside Canada while sponsor is in Canada, then they no longer "cohabit" so app could be rejected
- if applicant and sponsor are both outside Canada, they no longer cohabit "in Canada" so app could be rejected