Question for a Moderator regarding Inland Spousal Sponsorship Re: legal status

[Ponga]

https://www.canadavisa.com/inland-spousal-common-law-partner-sponsorship.html#gs.lmtj52
[Last updated: 14 March 2023]
Authored by someone [here] at Cohen Immigration Law

What is Inland sponsorship?
Inland sponsorship allows Canadians and permanent residents to sponsor their loved one, provided the couple is legally living (cohabiting) together in Canada.

To apply under Inland sponsorship, the foreign spouse or common-law partner must also have valid temporary status in Canada, either as a worker, student, or visitor. During the processing of an Inland sponsorship application the sponsored person will be able to continue to live, work or study in Canada.

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Is this a very recent change that now eliminates the Public Policy that has been in place for years, that waives the requirement for legal status for an Inland SCPLC applicant to qualify?

 

[canuck78]

https://www.canadavisa.com/inland-spousal-common-law-partner-sponsorship.html#gs.lmtj52
[Last updated: 14 March 2023]

What is Inland sponsorship?
Inland sponsorship allows Canadians and permanent residents to sponsor their loved one, provided the couple is legally living (cohabiting) together in Canada.

To apply under Inland sponsorship, the foreign spouse or common-law partner must also have valid temporary status in Canada, either as a worker, student, or visitor. During the processing of an Inland sponsorship application the sponsored person will be able to continue to live, work or study in Canada.

---

Is this a very recent change that now eliminates the Public Policy that has been in place for years, that waives the requirement for legal status for an Inland SCPLC applicant to qualify?

The forum no longer seems to have a moderator

 

[ERCAN]

Sorry, I'm not a moderator. But what public policy are you refering to that waived the requirement of legal status?


https://web.archive.org/web/20180219151135/https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html - at least the requirement of legal status was there in 2018... so there should some additional document then?

 

[scylla]

The forum no longer seems to have a moderator

There is a moderator but they only delete posts / users. They don't offer legal opinions on immigration matters (they never have). If someone wants that, they would need to reach out to cohen immigration directly and probably pay for that advice.

 

[canuck78]

There is a moderator but they only delete posts / users. They don't offer legal opinions on immigration matters (they never have). If someone wants that, they would need to reach out to cohen immigration directly and probably pay for that advice.

There used to be a moderator but don’t believe there still is one. All the spam used to be deleted but isn't anymore. Requests to delete posts also aren’t fulfilled.

 

[scylla]

There used to be a moderator but don’t believe there still is one. All the spam used to be deleted but isn't anymore. Requests to delete posts also aren’t fulfilled.

I can confirm there is a moderator now. I see them online once in a while and some of the stuff I've reported recently has been deleted. I would agree the forum is a lot less moderated than it used to be. But there is definitely a moderator.

In my experience the moderator has never given opinions on immigration matters (either before or now). They have just moderated. So IMO not at all realistic to be expecting the moderator to respond to this thread.

 

[Ponga]

There is a moderator but they only delete posts / users. They don't offer legal opinions on immigration matters (they never have). If someone wants that, they would need to reach out to cohen immigration directly and probably pay for that advice.

But because the article is written by Cohen Immigration Law (see the link), I figured it was the quickest way to find out if it's simply incorrect information.

 

[scylla]

But because the article is written by Cohen Immigration Law (see the link), I figured it was the quickest way to find out if it's simply incorrect information.

I've never seen the moderator respond to a post. Maybe it will be different this time.

If someone wants an answer, then IMO they need to get a consult with cohen. They have never been active on this forum in providing any advice or responding to posts.

 

[Ponga]

[

I've never seen the moderator respond to a post. Maybe it will be different this time.

If someone wants an answer, then IMO they need to get a consult with cohen. They have never been active on this forum in providing any advice or responding to posts.

True, but since they posted the article on their own website (still part of canadavisa.com), I thought it was worth a try.

 

[Ponga]

Sorry, I'm not a moderator. But what public policy are you refering to that waived the requirement of legal status?


https://web.archive.org/web/20180219151135/https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html - at least the requirement of legal status was there in 2018... so there should some additional document then?

Did you see this part on the page:

Sponsoring your spouse or common-law partner who lives with you in Canada

You can apply under the Spouse or Common-Law Partner in Canada class if your spouse or common-law partner cohabits (lives) with you in Canada and has temporary resident status.

Your spouse or common-law partner can’t become a permanent resident in Canada if they’re inadmissible for any reason other than not having legal immigration status in Canada. A public policy also covers spouses and common-law partners who will be assessed for permanent residence even if they have no legal immigration status in Canada. Before applying, your spouse or common-law partner in Canada must resolve any other situation that made them inadmissible.

To qualify under the Spouse or Common-Law Partner in Canada class, the sponsored person must:

• be the spouse or common-law partner of a Canadian citizen or permanent resident in Canada and
• have legal immigration status

I do agree that at first glance it's confusing!

Here's more on the public policy (that seems to go back to at least Feb 18, 2005):
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/immigration-refugee-protection-act-spousal-policy.html

1. Purpose

The Minister has established a public policy under subsection 25(1) of the Immigration and Refugee Protection Act (IRPA), setting the criteria under which spouses and common-law partners of Canadian citizens and permanent residents in Canada who do not have legal immigration status will be assessed for permanent residence. The objective of this policy is to facilitate family reunification and facilitate processing in cases where spouses and common-law partners are already living together in Canada.



This thread is asking if that Public Policy has been terminated, or if the referenced article in the first post in this thread is incorrect.
I suspect it to be the latter.

Until a SCPLC (Inland) applicant reaches the AIP milestone, they are still not guaranteed that they can remain in Canada without status, but most do...unless they are not Approved in Principle.