5,109
edits
Difference between revisions of "Permanent Residence Application Process (18:V)"
Jump to navigation
Jump to search
Permanent Residence Application Process (18:V) (view source)
Revision as of 22:21, 14 August 2020
, 22:21, 14 August 2020→Out of status spouses in Canada – Public Policy
| Line 198: | Line 198: | ||
A Canadian citizen or permanent resident can sponsor a spouse regardless of the spouse’s status in Canada under a special public policy directive relating to out-of-status applicants. 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. | A Canadian citizen or permanent resident can sponsor a spouse regardless of the spouse’s status in Canada under a special public policy directive relating to out-of-status applicants. 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. | ||
'''NOTE''' | '''NOTE:''' An applicant will generally be granted a sixty (60) day period in which IRCC should determine whether the relationship is genuine if the applicant is out of status and there is a removal order. If it is determined that the relationship is genuine then the removal order will be stayed. | ||
It is important to understand that foreign nationals without status can apply under this class only if the foreign national: | It is important to understand that foreign nationals without status can apply under this class only if the foreign national: | ||
| Line 209: | Line 209: | ||
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. | 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. | ||
'''NOTE''' | '''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''': IRCC will issue spousal open work permits to certain spouse or common-law partner in Canada class applicants at the initial stage of processing. Please note the spousal open work permit is a pilot program that has been extended to July 31, 2020. We are still waiting for confirmation from IRCC on whether or not the spousal open work permit pilot will be further extended. | '''NOTE''': IRCC will issue spousal open work permits to certain spouse or common-law partner in Canada class applicants at the initial stage of processing. Please note the spousal open work permit is a pilot program that has been extended to July 31, 2020. We are still waiting for confirmation from IRCC on whether or not the spousal open work permit pilot will be further extended. | ||