Canada Allows Spousal Sponsorship for Out-of-Status Foreign Nationals

Maple News reports that Immigration, Refugees and Citizenship Canada (IRCC) is continuing to show compassion toward foreign nationals who are already in Canada but have lost their immigration status, by allowing them to apply for spousal or common-law sponsorship without leaving the country.

The COVID-19 pandemic left many foreign visitors unexpectedly stranded in Canada. Some had traveled to join their Canadian spouses or partners with the intention of eventually applying for permanent residence. However, due to expired documents or unforeseen delays, many of these individuals have fallen out of legal status.

Under normal circumstances, being out of status could result in a removal order, which might force the individual to leave Canada and, in some cases, even bar them from reentering the country. But IRCC has taken a more humane approach for out-of-status spouses and common-law partners of Canadian citizens or permanent residents.

According to IRCC’s policy, as long as the Canadian spouse or partner agrees to sponsor the foreign national and meets sponsorship eligibility requirements, the lack of valid immigration status does not automatically disqualify the applicant. This allows couples to remain together in Canada while the inland sponsorship application is processed, sparing them emotional hardship and logistical disruption.

This policy reflects IRCC’s recognition of the strong ties and integration potential of individuals who are in genuine relationships with Canadians. It provides a realistic and fair pathway to permanent residence for partners whose only issue is being out of status—not those with criminal histories or security concerns.

However, it’s important to note that this exemption applies strictly to individuals whose only immigration issue is their loss of status. Other disqualifying factors, such as criminality or being deemed a national security risk, still apply. Both the foreign national and the sponsoring Canadian must meet all other eligibility requirements for inland sponsorship.

This approach supports Canada’s family reunification goals, ensuring that couples are not separated by bureaucratic technicalities when their relationships are otherwise authentic and eligible for sponsorship.

Maple News will continue to monitor updates from IRCC and provide timely guidance for families seeking to build their future together in Canada.

Leave a Reply

Your email address will not be published. Required fields are marked *