Losing your temporary status in Canada can be stressful, particularly when you are living with your Canadian citizen or permanent resident spouse or common-law partner.
However, being out of status does not automatically mean that you cannot pursue permanent residence through spousal sponsorship.
At Altezza Immigration and Refugee Services, we help individuals understand how their immigration history and current circumstances may affect their sponsorship options.
A person may be considered to have a lack of status in situations such as:
IRCC’s public policy specifically identifies several of these circumstances as a “lack of status” for the purposes of the policy.
However, being out of status is not the same as being inadmissible for every possible reason. Other inadmissibility grounds, including certain criminality, security and health-related concerns, can continue to apply.
In some circumstances, yes.
The public policy allows certain spouses and common-law partners of Canadian citizens or permanent residents who are living in Canada without valid immigration status to be considered under the Spouse or Common-law Partner in Canada class.
The policy essentially provides an exemption from certain requirements relating specifically to the applicant’s lack of immigration status.
This means that an expired temporary status does not necessarily end the possibility of applying for permanent residence through an eligible Canadian spouse or partner.
However, the applicant must still meet the other requirements of the sponsorship class, including requirements relating to the sponsor, the genuineness of the relationship and cohabitation.
Generally, the policy may apply to spouses or common-law partners who:
The public policy specifically requires the relationship to be genuine and the applicant to be cohabiting with the sponsor.
Eligibility is assessed on the individual circumstances of each case.
The public policy does not simply waive every type of inadmissibility.
The policy also distinguishes lack of status from certain other circumstances, including some cases involving:
Therefore, an applicant should not assume that an out-of-status situation automatically qualifies for the public policy. The circumstances surrounding the loss of status matter.
Being out of status can make an already complicated immigration situation feel overwhelming—especially when your future in Canada and your family are involved.
At Altezza Immigration and Refugee Services, we take the time to understand your circumstances, review your immigration history, and identify the options that may be available to you. For eligible spouses and common-law partners, this may include exploring the spousal sponsorship public policy for individuals who have lost their temporary status in Canada.
From reviewing your circumstances and supporting documents to preparing and submitting your application, we provide personalized guidance throughout the process.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute formal legal counsel. For a certified, personal evaluation of an active out-of-status case file, please consult directly with a regulated professional.
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