1. The Applicant Wants To Leave Canada
For couples who submitted inland sponsorship applications, as the law expects the applicant to cohabit with their spouse or common-law partner at the time the case is finalized, by leaving Canada, the applicant may jeopardize the chance of getting the permanent residence application approved. In this case, the applicant may want to re-apply to be sponsored from outside Canada as a member of the Family Class.
To ensure the success of the permanent residence application, the applicant is advised against traveling outside Canada while the application is still being processed.
2. The Applicant Is Out Of Status
In general, to be eligible to become members of the class, applicants in the spouse or common-law partner in Canada class must have valid temporary resident status on the date of application and on the date they receive permanent resident status.
However, it is not uncommon that the applicant’s status expires before a final decision on the sponsorship application and permanent residence application is made. The Minister has decided to exempt a foreign national from having to meet the requirements relating to inadmissibility for lack of status, so as to enable such foreign nationals to become permanent residents as long as they meet all other requirements of the Spouse or Common-law Partner in Canada class and are not otherwise inadmissible. These requirements consist of:
- The sponsor meets the eligibility requirements;
- A bona fide relationship;
- Cohabitation with the sponsor.
Such exemption not only applies to persons who overstayed their visa, visitor record, work permit or student permit, also applies to persons with a lack of status, including:
- persons who have worked or studied without being authorized to do so under the Act;
- persons who have entered Canada without the required visa or other document required under the regulations;
- persons who have entered Canada without a valid passport or travel document (provided valid documents are acquired by the time CIC seeks to grant permanent residence).
Applicants processed as members of the spouse or common-law partner in Canada class also benefit from other exemptions, including an exemption from the requirement not to be inadmissible on health grounds when there is a risk that their health condition will cause excessive demand on health or social services and the sponsor’s requirement to meet minimum necessary income.
MEHDI AU LLP has Immigration lawyers on staff to help you with any ongoing concerns that you have with your Sponsorship or PR applications.
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