Legal status of Spouse/Common-Law Partners of Canadian Citizens and PR in Canada

[tarina]

Hi, I found this information at the Guide 5289 Spouse/common-law Partner in Canada Class.

MAINTAINING LEGAL STATUS

Spouses and common‑law partners of Canadian citizens and permanent residents in Canada who wish to apply for permanent resident status are no longer required to have legal immigration status provided that they have an eligible sponsor. All other eligibility requirements continue to apply.

Please explain further. Is this NEW RULES?

 

[Ponga]

No, this is NOT a new rule and has been in place since February 2005 (I believe).

It is true that you can apply Inland regardless of your immigration status, but there are no guarantees that you would not be removed by CBSA before your sponsor was approved (AIP), which takes ~ 8-9 months.

CBSA and CIC are two completely different `arms' of this process. Prior to November 2011, CBSA had an Administrative Deferral of Removal policy in place, but now...it's anyone's guess as to what happens.