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Policy Change for Spouses and Common-law Partners Applying
for Permanent Residence
from within Canada

Frequently Asked Questions

1. What is the change in policy?
2. Why should I apply under the spouse or common-law partner class instead of applying to stay in Canada on Humanitarian and Compassionate grounds?
3. I am still waiting for a decision on my application for humanitarian and compassionate consideration that I filed before February 2005. How does this policy change affect me?
4. My application was refused before this policy was announced. Can I have my application reconsidered under the new policy?
5. How do I apply for permanent residence under the spouse or common-law partner in Canada class?
6. I have been working or studying in Canada without a permit. Can I apply for permanent residence in the spouse or common-law partner in Canada class?
7. I have overstayed my visa or visitor record. Can I apply for permanent residence in the spouse or common-law partner in Canada class?
8. I entered Canada without a valid passport or travel document. Can I apply for permanent residence under the spouse or common-law partner in Canada class?
9. Can I apply for permanent residence under the spouse or common-law partner in Canada class if I am inadmissible to Canada?
10. I am a temporary resident permit holder. How does this change in policy affect me?
11. I was deported from Canada and I have failed to obtain permission before returning to Canada . Can I apply under the new policy?
12. I’m a failed refugee claimant. Can I stay in Canada if I marry a Canadian citizen or a permanent resident of Canada?
13. Does this policy mean that I don’t have to retain legal status in Canada?

Q1: What is the change in policy?

Under the new policy, most spouses and common-law partners can stay in Canada after applying for permanent residence even if they do not have legal status. In order to apply from within Canada, you must be in a genuine relationship with a Canadian citizen or a permanent resident. Your spouse or partner must agree to support you to help you settle in Canada.

Previously, an applicant had to be in Canada legally before applying for permanent residence under the s pouse or common-law partner in Canada class.

Q2: Why should I apply under the spouse or common-law partner class instead of applying to stay in Canada on Humanitarian and Compassionate grounds?

Processing times are shorter if you apply under the spouse or common-law partner in Canada class. You may be exempt from some of the financial and medical requirements. You can also include other family members (who are in Canada or in another country) on your application for permanent residence.

Q3: I am still waiting for a decision on my application for humanitarian and compassionate consideration that I filed before February 2005. How does this policy change affect me?

The new policy will be applied to applications that have already been submitted. In most cases, this will occur automatically. If additional information is required for your application, CIC will contact you.

Q4: My application was refused before this policy was announced. Can I have my application reconsidered under the new policy?

CIC cannot reconsider applications that have already been turned down. If you want to apply under the new policy, you must submit another application. You will have to pay the applicable fees for your new application.

Q5: How do I apply for permanent residence under the spouse or common-law partner in Canada class?

You can download the application kit, or order it by contacting the CIC Call Centre toll free at 1 888 242-2100 (from within Canada only). CIC will mail the application kit to you. Delivery takes about two weeks.

The application kit contains everything you will need, including the sponsorship application that your spouse or partner must fill out.

Q6: I have been working or studying in Canada without a permit. Can I apply for permanent residence in the spouse or common-law partner in Canada class?

Yes. If you have been working or studying in Canada without a permit, you can apply to become a permanent resident under the s pouse or common-law partner in Canada class.

You can download the application kit, or order it by contacting the CIC Call Centre toll free at 1 888 242-2100 (from within Canada only). CIC will mail the application kit to you. Delivery takes about two weeks.

Q7: I have overstayed my visa or visitor record. Can I apply for permanent residence in the spouse or common-law partner in Canada class?

Yes. If your temporary resident visa or visitor record has expired, and you are still in Canada, you can apply to become a permanent resident under the s pouse or common-law partner in Canada class.

You can download the application kit, or order it by contacting the CIC Call Centre toll free at 1 888 242-2100 (from within Canada only). CIC will mail the application kit to you. Delivery takes about two weeks.

Q8: I entered Canada without a valid passport or travel document. Can I apply for permanent residence under the spouse or common-law partner in Canada class?

Yes. You can apply under the spouse or common-law partner in Canada class. However, you must obtain a valid passport or travel documents before CIC will grant you permanent residence.

Q9: Can I apply for permanent residence under the spouse or common-law partner in Canada class if I am inadmissible to Canada?

Yes. You can apply under the spouse or common-law partner in Canada class. However, your application for permanent residence may not be approved if there are reasons that prevent you from staying in Canada that are not related to lack of status. You may not be allowed to stay in Canada if you do not meet medical or security requirements, or if you have been convicted of a criminal offence.

Q10. I am a temporary resident permit holder. How does this change in policy affect me?

If you are in Canada on a temporary resident permit, you can apply to become a permanent resident of Canada under the new policy. However, if you have a temporary resident permit because you are inadmissible to Canada for reasons other than lack of status, you cannot be granted permanent residence under the spouse or common-law partner in Canada class.

Q11: I was deported from Canada and I have failed to obtain permission before returning to Canada. Can I apply under the new policy?

You can apply, but your application will be refused because you have not received permission to return to Canada.

Q12: I’m a failed refugee claimant. Can I stay in Canada if I marry a Canadian citizen or a permanent resident of Canada?

Being in a common-law relationship with, or married to a Canadian citizen or permanent resident does not guarantee that you can become a permanent resident of Canada.

As a failed refugee claimant, you can apply under the new policy if you meet all of the requirements and you are not inadmissible to Canada.

Q13: Does this policy mean that I don’t have to retain legal status in Canada?

If you do not have legal status, you cannot work or study in Canada . In addition, you could be subject to removal.