Backgrounder - Sponsorship of Spouses and Common-Law Partners from within Canada

Citizenship and Immigration Canada (CIC) is committed to reuniting families and making the immigration process easier for genuine spouses and common-law partners living together in Canada. It is also committed to preventing the hardship resulting from the separation of spouses and common-law partners, where possible.

On February 18, 2005, CIC Minister Joe Volpe announced that spouses and common-law partners in Canada, regardless of their immigration status, are now able to apply for permanent residence from within Canada under the Spouse or Common-Law Partner in Canada Class. This change only applies to situations where a family class sponsorship application has been or will be submitted. Criminal, security and health checks will continue to be required under the new policy.

Applicants who do not have valid temporary immigration status and who do not submit a family class sponsorship application may still apply for consideration on humanitarian and compassionate grounds. They will be required to demonstrate that being separated from their partner would result in unusual and undeserved hardship. The processing of humanitarian and compassionate applications takes longer, and applicants cannot include their dependent children. Moreover, they do not have the same benefits as Spouse or Common-Law Partner in Canada Class applicants.

Applications Currently in Process

• Applications that are currently awaiting a decision in the Spouse or Common-Law Partner in Canada Class will continue to be processed in that class, except that the requirement for valid temporary immigration status will be removed.
• Applications by spouses or common-law partners who have applied for humanitarian and compassionate consideration because they do not have valid temporary immigration status will automatically be assessed under the new policy if a family class sponsorship application has been submitted.
• Spouses or common-law partners who do not have a valid temporary immigration status and who have requested humanitarian consideration without submitting a family class sponsorship application will be contacted by CIC if additional information is required.

For more information on how Canadian citizens and permanent residents can sponsor their spouses or common-law partners, please visit CIC’s website at www.cic.gc.ca.