Are you an out-of-status foreign national residing in Canada?
Millions of people worldwide are currently unable to travel due to international travel restrictions imposed by the ongoing pandemic. If you are one of them, it is quite likely that your status to reside in Canada may have expired or could be close to expiry.
Are you an Out of Status Foreign National Canada?
Many people come to Canada to meet and reside with their common-law partner or spouse who is a Canadian permanent resident or citizen. They arrive on temporary residency status in Canada with the good intention of making their stay permanent by applying for an appropriate visa.
However, they may fall out of Canadian resident status due to multiple reasons. Either their documentation expired, or they couldn’t return to their home country due to international travel restrictions.
Out of Status Foreign National Canada – Check Your Eligibility for Canadian Spousal Sponsorship Application!
Suppose you are a Canadian citizen or permanent resident who wants to sponsor your partner to live with you permanently. In that case, you can check your eligibility for Canadian spousal sponsorship.
At Nanda & Associate Lawyers, we value your family and treat spousal sponsorship applications as a priority and place the highest importance on helping you achieve successful outcomes.
As per IRCC’s Federal immigration rules, any person who ends up extending their stay in Canada after their temporary residency visa expires may be required to either leave Canada or apply immediately for a visa renewal.
In fact, people present in Canada illegally may even be subject to removal orders that will require them to leave Canada immediately. Few of them may even prohibit the person from entering Canada again.
Out of Status Foreign National Canada – Legal Implications of IRCC Announcement
Recent IRCC announcements on out-of-status foreign national Canada have shown a ray of hope for everyone who has a spouse or common-law partner residing in Canada.
Immigration, Refugees, and Citizenship Canada (IRCC) policy take a lenient view for out of status, foreign nationals may have become unintentionally stranded in Canada. Since they are already either married or in a common-law relationship with a Canadian or permanent resident in Canada, they have strong chances of becoming Canadians in the upcoming future.
To further this point, IRCC has released an immigration pathway specifically for such people. The policy mentions that lack of status will not require the out-of-status foreign national to leave Canada and then make a new application to re-enter Canada for a spousal sponsorship application.
Suppose the Canadian partner provides an undertaking of support for the out-of-status foreign national partner. In that case, they can go ahead and make an application under the In-land Common Law and Spousal Partner Sponsorship. Since this is an exemption clause, IRCC makes a clear and specific distinction that this immigration pathway applies to specific people including but not limited to persons whose status in Canada may have expired or is close to expiry. This IRCC announcement will not be applicable, including but not limited to:
- Foreign nationals having an existing criminal history
- Foreign nationals who pose any national or security risk to Canada or Canadian nationals
Notwithstanding other conditions, it is also important that the out-of-status foreign national satisfy all the requirements for spousal sponsorship in Canada.
Out of Status Foreign National Canada – How we can help
Has the residency status of your foreign national common-law partner or spouse in Canada expired?
At Nanda & Associate Lawyers, our experienced immigration consultants and lawyers will support you in creating a strong common-law or spousal sponsorship application for your partner.
Get in touch with our skilled Canadian immigration lawyers, and we will help you prepare a compelling spousal application. Go ahead and book your free initial consultation today and let our skilled immigration lawyers help you make your family complete.