Difference between revisions of "Permanent Residence Application Process (18:V)"

The statutory “in-Canada” family class sponsorship provisions are outlined under ss 123 - 125 of the IRP Regulations. The requirements from the sponsor are generally the same, but the Class of persons able to be sponsored through this route is limited to spouses, common-law partners, and the children or grandchildren of those persons.   The entire application is processed inside Canada, and the applicants are generally landed at a CIC office in Canada. It is important to note that, aside from the question of the genuineness of the relationship, in-Canada applications are only successful if the sponsored person resides in Canada with the sponsor. Out of status spouses in Canada – Public Policy Prior to February 18, 2005, a Canadian citizen or permanent resident could sponsor a spouse (including married couples, common law couples, and conjugal couples) from within Canada only ifthe  foreign national was “in status” from the date of the application until the application  wascomplete; i.e. the spouse seeking permanent residence needed to already possess valid temporary immigration status at the time of application (IRP Regulations s 124(b)). This prevented, for example, failed Convention refugee claimants from marrying a Canadian and being  sponsored from within Canada.  Following the introduction a public policy directive (issued under the Minister’ s authority to exempt certain applicants from some requirements of the Act on humanitarian or compassionate grounds as per IRPA s 25), as of February 18, 2005, a Canadian citizen or permanent resident can  sponsor a spouse regardless of the spouse’ s  status in Canada; i.e. the s 124(b) requirement is effectively suspended in some cases. After the sponsored spouse (applicant) receives first stage approval of their application (that is, approval in principle), they are entitled to an Open  Work Permit under IRP Regulations s 207. This means the applicant is entitled to work in Canada in any capacity; in other words, unlike  most temporary foreign workers, this work permit is not tied to a particular form of employment with a particular employer.    This represents a significant change in policy. However, it does not mean that every foreign national in Canada married to a permanent  resident or Canadian citizen can apply for permanent resident status from within Canada.Note that this is a policy and not a law, and therefore it is subject to change at any time. Also, foreign nationals without status can apply under this class only if the foreign national: a)has overstayed a visa, visitor record, work permit or study permit; b)has worked or studied in Canada without authorization under the IRPA; c)has entered Canada without the required visa or other document required under the IRP Regulations; and/or,