Special Circumstances

This page describes options for couples who are not able to use the typical immigration processes.

Partners Living In Canada That Do Not Meet The Definition Of Common-law

To make an In-Canada application, you must be spouses (legally married) or common-law partners. If you are in Canada with your partner but are not married or have not lived together for 1 year here are some options to consider:

• OPTION 1: Make a Family Class application outside of Canada as conjugal partners

  Applications from conjugal partners are only accepted outside Canada. You can make an outside Canada application even if you are in Canada as a temporary resident (visitor, student, worker).

  Consider this option if:

  • You have been in a relationship for at least 12 months.
  • You want to stay with your partner in Canada while the application is being processed.

  HOW:

  • Complete the family class application using the outside Canada forms.
  • See Outside Canada for details.
  • Send the application to Mississauga.
  • Be sure to keep your status in Canada legal.

  RISKS:

  • If you require an interview, you will have to leave Canada.
  • If you have to leave for an interview, you may not be able to get back into Canada until your application is completed and you are issued your permanent resident visa.
  
  
• OPTION 2 : Apply to extend your Temporary Resident Visa.

  Consider this option if:

  • You are currently living together in Canada
  • And you have lived together for less than 12 months

  HOW:

  • Complete the form for extension of visa and send to Vegreville.
  • It is important to be clear in your application that you have the intention and funds to leave when the visa expires. You must also show that you can support yourself and/or be supported by your partner during your stay.
  • Provide a reason for extending your visa e.g. I want to spend time with/visit my partner. We recommend against giving as a reason for extension that you hope to live with your partner long enough to have common-law status for a permanent residency application.

  RISKS:

  • The extension may be denied

• OPTION 3 : Get married and apply In Canada as spouses

  If you are in a relationship but have not cohabited for 12 months, getting legally married would allow you to make an In Canada application as spouses. This is only an option if you get married in provinces that recognize same-sex marriages. Do not get married for immigration purposes but because it is right for both of you and both of you want to.

  HOW:

• Complete and submit In Canada application kit that goes to Vegreville.

RISKS:

• Getting married does not eliminate the need to prove your relationship is genuine and ongoing. Immigration must be convinced that the marriage is not for immigration purposes.

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Spouse Or Common-law Partner "In Canada Class" Who Does Not Have Temporary Resident Status

As of February 18, 2005, all spouses or common-law partners of Canadian citizens and permanent residents, regardless of status, are able to apply for permanent residence while remaining in Canada. Read the FAQ on the policy changes.

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The Canadian Or Canadian Permanent Resident Partner Or Spouse Does Not Meet The Sponsorship Requirements

• OPTION 1: Make a Family Class application outside Canada asking for H&C consideration on the sponsorship application.

  HOW:

  • Complete the forms from the CIC web site.
  • On the application to sponsor form, question #1, choose "to proceed with the application for permanent residence."
  • Include a litter asking for H&C consideration if the sponsor does not meet the sponsorship requirements. In your letter explain how having your partner with you in Canada will help you. If the immigrating partner is able to offer financial support it is important to mention this.

  RISKS:

• All H&C decisions are discretionary. Immigration officers make H&C decisions on a case by case basis and can always say no.

• OPTION 2: Make an H&C application inside Canada.

  If you are in Canada (legally or illegally), do not meet the sponsorship requirements, and you face exceptional circumstances, you may qualify for an exemption on humanitarian and compassionate (H&C) grounds. You must prove that you or your partner would face unusual, excessive, or undeserved hardship (for example fear of persecution) that is the result of circumstances beyond your control.

  HOW:

• Complete the forms from the CIC web site.
• Include the forms for sponsorship ( IMM1344A, IMM1344B, IMM5481, IMM5285)
• Do your best to convince them why they should say yes despite the failure to meet all the sponsorship requirements.
• Mail the application to the Case Processing Centre in Vegreville.

RISKS:

• If you are illegally in Canada, Immigration's enforcement department will be notified at the time you make the application. They may not act while an application is in progress but they have the right to issue a departure notice. They can try to expel you, especially if you have been working illegally.
• You are not considered Family Class and are not entitled to its benefits such as the medical waiver. This means your application could be denied if you have a medical condition requiring extensive care.
• Humanitarian and Compassionate applications inside Canada have a low priority Some very busy immigration offices can take a very long time to process them (years). Maintaining status may be difficult.
• There is no appeal process for H&C applications if you are denied. You can only apply for a judicial review.

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Canadian Permanent Resident Partner Or Spouse Living Outside Of Canada

A Canadian Permanent Resident must be living in Canada to sponsor a partner or spouse.

• OPTION 1: The Canadian Permanent Resident returns to Canada to make a Family Class application.

  HOW:

  • Make a Family Class application.

• OPTION 2 : Make a Family Class application and ask for Humanitarian and Compassionate (H&C) consideration on the sponsorship application.

  HOW:

• Complete the forms from the CIC web site.
• Include a letter asking for Humanitarian and Compassionate consideration. In your letter explain why it is not possible for the Canadian Permanent Resident to return to Canada before making the application. The immigration officer must be convinced that waiting to submit the application would cause undue and undeserved hardship.

RISKS:

• All H&C applications are discretionary.
• If the Canadian Permanent Resident remains outside of Canada more than three years out of five they may lose their status. The Permanent Resident must have valid status to sponsor a partner.

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