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Difference between revisions of "Permanent Residence Application Process (18:V)"
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Permanent Residence Application Process (18:V) (view source)
Revision as of 18:01, 28 June 2016
, 18:01, 28 June 2016→C. “In Canada” Spouses, Common-law Partners, and their dependents (Spouse or Common-Law Partner in Canada Class)
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*b) has worked or studied in Canada without authorization under the IRPA; | *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, | *c) has entered Canada without the required visa or other document required under the ''IRP Regulations''; and/or, | ||
*d) has entered Canada without a valid passport or travel document (provided valid documents are acquired by the time Citizenship and Immigration Canada seeks to grant permanent resident status). | |||
Consequently foreign nationals who are inadmissible to Canada, entered Canada without permission after having been deported, and foreign nationals who have misrepresented themselves are not permitted to apply under this class. Always look to the most recent version of this policy. (See Appendix H of the Operational Manual, “IP 8 — Spouse or Common-law Partner in Canada”.) | |||
NOTE: Under “in-Canada” classes, there is no appeal to the Immigration Appeal Division of a failed sponsorship. The only redress is to file a new application, file an overseas family class application, or if possible, to file for judicial review of the refusal. | |||
NOTE: As of December 22, 2014, a one-year pilot project was put into effect that allowed CIC to issue open work permits to certain spouse or common-law partner in Canada class applicants before a decision was made. The status of the project after the one-year period ends remains unknown at this time. For more information, see: http://www.cic.gc.ca/english/resources/tools/updates/2014/2014-12-22.asp D.Caregiver Program As of November 30, 2014, the Caregiver Program (formerly the Live-in Caregiver Program) was changed to eliminate the live-in requirement, and to introduce two pathways to permanent residence: the Caring for Children Pathway, and the Caring for People with High Medical Needs Pathway. Those who are already working as live-in caregivers or who had submitted applications through the old program may choose to submit a new application under one of the two new pathways, or to remain in the Live-in Caregiver Program and apply for permanent residence under the old requirements. For the requirements for the new Caregiver Program, see:http://www.cic.gc.ca/english/work/caregiver/improvements.asp. The live-in caregiver class was a hybrid class between temporary status and permanent status. A foreign national who applied for a Work Permit under the live-in caregiver class must have met certain eligibility requirements before applying. The foreign national must have: 1.applied for a Work Permit before entering Canada; 2.completed the equivalent of secondary school; 3.completed six months full-time training in a classroom or one year full time paid experience and at least six months continuous employment within three years prior to applying for the Work Permit; 4.the ability to speak, read, and listen in English or French at a level sufficient for communication; and 5.a contract with future employer (see IRP Regulations, s 112). A foreign national must have first obtained a Service Canada Labour Market Impact Assessment/validation before applying for a Work Permit. Once a foreign national had a Service Canada validation, the foreign national could apply for a Work Permit under the live-in caregiver class. Overseas applications are being processed inside Canada. Please see Chapter 6: Employment Law for further information on live-in caregivers. You may also refer to the Live-in Caregiver Program, administered by the federal government via Citizenship and | |||