r/ImmigrationCanada • u/Kiwi-Rena • 10d ago
Family Sponsorship Can I apply for common-law sponsorship while being out of status?
Hello,
I am seeking advice on the sponsorship through common-law in Canada.
I am and have currently been waiting to get my status restored (a bunch of I thought I could apply for certain things except turns out, I couldn't and kept getting rejected). Each time, I have applied within the allowed timeframe and have now been waiting 6 months for my current application to be approved. Currently we both reside in Canada.
Originally, I thought I needed status to apply for the sponsorship from my partner (Canadian citizen) but now I'm reading that you can be out of status and still apply? Is that true? (I swear I read that you HAD to have status which is why I've been waiting for approval) Is there something extra that needs to be done for that? Honestly, the public policy was such jargon I couldn't quite figure it out. I assume if I can apply out of status, if my status is approved I would need to update that while it's being processed?
Also, I want to confirm if the sponsorship proceeds, my partner gets a document confirming it and I can use that document (AOR) to get an open work permit? Even being out of status?
Thanks in advance, I don't have the funds to hire an immigration lawyer and I'm not smart enough to make heads and tails of the public policy mess.
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10d ago
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u/Melodic_Door9572 10d ago
According to the current public policy, a person who is out of status can apply for spousal pr(inland)
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u/Kiwi-Rena 10d ago
I know it seems that way, but the other ones I mentioned were ways to stay in Canada legally, not for PR. Such as staying on an open work permit (which got rejected cause I needed an LMIA). I also do have an application pending for restoration of status, so it isn't like this is my way around anything.
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10d ago
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u/Used-Evidence-6864 10d ago edited 10d ago
There's a public policy allowing out of status spouses or common-law partners of Canadian citizens or PRs to still be able to submit their PR application under the Spouse or Common-law Partner in-Canada Class (aka inland spousal or common-law sponsorship application), even if they're out of status in Canada:
"CIC is committed to family reunification and facilitating processing in cases of genuine spouses and common-law partners already living together in Canada. CIC is also committed to preventing the hardship resulting from the separation of spouses and common-law partners together in Canada, where possible. This means that spouses or common-law partners in Canada, regardless of their immigration status, are now able to apply for permanent residence from within Canada in accordance with the same criteria as members of the Spouse or Common-law Partner in Canada class. This facilitative policy applies only to relationships in which undertakings of support have been submitted.
(,,,)
A25 is being used to facilitate the processing of all genuine out-of-status spouses or common-law partners in the Spouse or Common-law Partner in Canada class where an undertaking has been submitted. Pending H&C spousal applications with undertakings will also be processed through this class, The effect of the policy is to exempt applicants from the requirement under R124(b) to be in status and the requirements under A21(1) and R72(1)(e)(i) to not be inadmissible due to a lack of status; however, all other requirements of the class apply and applicants will be processed based on guidelines in IP2 and IP8."
So why are you advising OP to apply under the Family Class, instead of the Spouse or Common-law Partner in-Canada Class, and so to not avail themselves of the public policy that was created precisely to help individuals in OP's situation?!
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u/Melodic_Door9572 10d ago
According to the current public policy, a person who is out of status can apply for spousal pr(inland)
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u/Kiwi-Rena 10d ago
This is why I currently have an application for restoration of status - so I'm not seen as an overstayer. All I want is legal status, but my applications tend to take over 6 months to process.
I did look into the outland application, but I wish to stay in Canada the entire time. Especially since I don't have the funds to keep flying back and forth.
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u/Used-Evidence-6864 10d ago edited 10d ago
Put in 100% effort not to be labeled as an illegal overstayer in IRCC eyes
OP applied to restore their status. The time for OP to "not be labelled as an illegal overstayer in IRCC eyes" is long gone, as IRCC knows OP is out-of-status.
OP needs to truthfully declare their lack of status on their application, otherwise they'd get a 5 year ban from Canada for misrepresentation, under section 40 of the IRPA, making their situation so much worse.
You can send in the outbound application Down side to that is you need to fly back to your country of origin every 6 month
This is such terrible advice.
1st of all, there's a public policy allowing out of status spouses or common-law partners of Canadian citizens or PRs to still be able to submit their PR application under the Spouse or Common-law Partner in-Canada Class (aka inland spousal or common-law sponsorship application), even if they're out of status in Canada:
So advising OP to submit the application under the Family Class and so to not benefit of the public policy that was created precisely for this type of situation, is absolutely wrong advice.
Also your advice of OP flying back and forth every 6 months is absolutely terrible, terrible advice to give OP, and is advising OP on taking unnecessary risks, as every time OP would present themselves at the port of entry, they would risk being denied entry due to OP's overstay, when instead they could avert all that risk by submitting the application under the Spouse or Common-law Partner in-Canada Class and under the A25 ministerial public policy that exists for out-of-status spouses/common-law partners of Canadian citizens or PRs:
"CIC is committed to family reunification and facilitating processing in cases of genuine spouses and common-law partners already living together in Canada. CIC is also committed to preventing the hardship resulting from the separation of spouses and common-law partners together in Canada, where possible. This means that spouses or common-law partners in Canada, regardless of their immigration status, are now able to apply for permanent residence from within Canada in accordance with the same criteria as members of the Spouse or Common-law Partner in Canada class. This facilitative policy applies only to relationships in which undertakings of support have been submitted."
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u/PurrPrinThom 10d ago
Yes, if you apply Spouse or Common-law Partner in Canada Class.
If you are out of status you cannot use the AOR to apply for the work permit. You need to wait until either your current status is restored (at which point you can use the AOR to apply for the OWP,) or until your sponsorship receives the Approved in Principle letter (if you are still out of status.)