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Q1: What is the change in policy?
The new spousal policy sets out that most spouses and common-law partners in a genuine relationship with a Canadian citizen or permanent resident, regardless of status, are able to apply for permanent residence while remaining in Canada. This change, however, only applies to situations where a family class sponsorship has been submitted.
Under the previous policy, the Spouse or Common-Law Partner in Canada Class was only available to spouses and common-law partners of Canadian citizens or permanent residents who had valid temporary immigration status in Canada.
Applicants in the Spouse or Common-Law Partner in Canada Class are also permitted to include family members, living both in Canada and abroad, in their applications (i.e., applicants may have these applications processed at the same time).
[/url][url="http://www.cic.gc.ca/english/sponsor/faq-spouse.html#toc_gen]
Q2: I am a spouse or a common-law partner of a Canadian citizen or permanent resident and I reside with my spouse or partner in Canada. I have lost my legal status. How should I now apply to remain in Canada?
As of February 18, 2005, all spouses or common-law partners of Canadian citizens and permanent residents can apply in the Spouse or Common-Law Partner in Canada Class using the appropriate application kit (see Question 1 for more information on the policy change).
You will not be able to work or study in Canada without the proper documentation. Applicants who do not have valid temporary immigration status are not permitted to apply for work or study permits until they receive initial approval (approval in principle).
Check current processing times
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Application for Permanent Residence in Canada — Spouse or Common-law Partner
This application is for spouses or common-law partners of Canadian citizens or permanent residents who wish to apply for permanent residence while both the sponsor and the applicant are residing in Canada.
Mail the application to the Case Processing Centre in Vegreville, Alberta.
<TABLE class=table-smallfont bordercolor=#cc0000 cellSpacing=2 cellPadding=10 width=450 border=2><TBODY><TR><TD>Sponsorship of Spouses and Common Law Partners Within Canada: New Policy Announced
On February 18, 2005, Minister Volpe announced a new policy intended to facilitate the processing of spouses and common-law partners of Canadian citizens or permanent residents of Canada, who do not have legal immigration status in Canada.
In accordance with this change in policy, regardless of your immigration status in Canada, you may use the application package Applying for Permanent Residence from Within Canada: Spouse or Common-law Partner in Canada Class if:
- You are in a bona fide marriage or common-law relationship with a Canadian citizen or permanent resident
- You live with your spouse or common-law partner in Canada
- Your spouse or common-law partner wants to sponsor you (and your dependent children) for permanent residence in Canada
For more information on this policy change, see the links below:
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http://www.cic.gc.ca/english/applications/spouse.html
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