Sponsoring Spouses Who Are Illegally Resident

Many Canadian citizens marry a foreign fiancee inmust submit an application for permanent residence.
Canada even though they are not legally residentYour spouse's previous immigration violation will be
there. Prior to 2005, it was against the law tooverlooked, however if your husband or wife is
sponsor your foreign spouse if he/she was illegallydeemed inadmissible to Canada their application will be
resident in Canada. A change to public policy on illegalrefused and they will not be able to appeal against
immigrants who were legally married to Canadianthe decision. Inadmissibility will result in your partner
citizens or permanent residents of Canada nowbeing deported.
allows the spouse to be sponsored regardless ofIf your spouse falls under any of the following
their immigration status.categories he/she will be deemed inadmissible to
If your husband or wife lives illegally in Canada, heCanada:
she must correct the problems with their illegal status- Convicted of human rights violations
before you apply to sponsor him/her. The first step- Seen as a threat to Canada's security
is to apply for a temporary residence permit. The- Has a serious criminal record for which they
application is available from Citizenship andreceived a jail sentence of at least 10 years
Immigration Canada. Once completed it should be- Have an inadmissible family member
mailed along with proof of fee payment and- Involved in organized crime
supporting documents to the Case Processing Centre- Health threat to the Canadian population
(CPC) in Vegreville, Alberta.If your spouse leaves Canada before his/her
If temporary residence is denied, your spouse canpermanent residence visa and sponsorship agreement
apply for consideration on humanitarian andis granted he/she may not be granted entry back
compassionate grounds. Once temporary residenceinto Canada. In this case, your spouse will have to
has been granted, you can apply for sponsorship forreapply for Canada permanent residence from the
your spouse by submitting a sponsorship applicationcountry they reside in. This process can take up to a
to Citizenship and Immigration Canada; your spouseyear and sometimes longer.