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
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:
3 : Get married and apply In Canada as spouses
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.
and submit In Canada application kit that
goes to Vegreville.
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.
Spouse Or Common-law Partner "In Canada Class"
Who Does Not Have Temporary Resident Status
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
The Canadian Or Canadian Permanent Resident Partner
Or Spouse Does Not Meet The Sponsorship Requirements
1: Make a Family Class application outside Canada
asking for H&C consideration on the sponsorship
the forms from the CIC
the application to sponsor form, question
#1, choose "to proceed with the application
for permanent residence."
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.
H&C decisions are discretionary. Immigration
officers make H&C decisions on a case
by case basis and can always say no.
2: Make an H&C application inside Canada.
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.
the forms from the CIC
the forms for sponsorship ( IMM1344A, IMM1344B,
your best to convince them why they should
say yes despite the failure to meet all the
the application to the Case Processing Centre
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.
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.
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.
is no appeal process for H&C applications
if you are denied. You can only apply for
Canadian Permanent Resident Partner Or Spouse
Living Outside Of Canada
Canadian Permanent Resident must be living in
Canada to sponsor a partner or spouse.
1: The Canadian Permanent Resident returns to
Canada to make a Family Class application.
2 : Make a Family Class application and ask
for Humanitarian and Compassionate (H&C)
consideration on the sponsorship application.
the forms from the CIC web site.
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.
H&C applications are discretionary.
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