Citizenship and Immigration Canada
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Applying for permanent residence from within Canada: Spouse or common-law partner in Canada class (IMM 5289)
Important information: For sponsors and spouses or common-law partners
This section provides important information that you and your spouse or common-law partner should consider before completing this application.
| Things to remember: | You or your spouse or your common-law partner: |
|---|---|
| A foreign national cannot become a permanent resident in Canada if they are inadmissible for reasons other than lack of legal immigration status in Canada. A temporary resident permit (TRP) holder is inadmissible unless the circumstances that lead to the issuance of the TRP are resolved. | Must resolve the circumstances that resulted in the inadmissibility (other than lack of status) before submitting an application for permanent residence. Refer to the Guide for Temporary Resident Permit Holders: Applying to Remain in Canada as a Temporary Resident Permit Holder (IMM 5554) |
| There is no right of appeal in this category | Would have to submit an application to a visa office outside Canada to have a right of appeal. |
| Family Class redesign, which is aimed at faster processing of spouse or common-law partner applications, only applies to applicants outside Canada. Processing times for spouses or common-law partners in Canada are generally longer. | Can apply to a visa office outside Canada to take advantage of the Family
Class redesign processing standard or Can find processing times for applications processed in Canada on our website. |
| If there are dependent family members outside Canada that are included in the application for permanent residence, this can lengthen processing times. | Will only receive permanent residence once these family members have been examined and passed medical, background and security requirements. |
| For purposes of immigration, dependent children include children in the custody of a previous spouse or common-law partner. | Should resolve any child custody disputes before submitting an application, if you want these children assessed for permanent residence. |
| Leaving Canada can automatically cancel temporary resident status as a visitor, student or worker. | Have no guarantee that you will be permitted to return or re-enter Canada if you leave before permanent residence is approved. This is especially true if a visitor visa is required. |
| Applications in this category cannot be transferred to immigration offices outside Canada. | Will have to submit a new application for permanent residence to the Case Processing Centre in Mississauga if you cannot return to Canada. |
Note: On February 18, 2005, the Minister announced a new public policy under which legal immigration status is no longer a requirement for spouses and common-law partners of Canadian citizens and permanent residents in Canada, who wish to apply for permanent resident status provided that they have an eligible sponsor. However, all other eligibility requirements continue to apply.
In addition, to be able to continue to work and study in Canada, an application for extension must be received by CIC before the work or study permit has expired. Ensure that you mail the completed application, required documentation and fees for an extension to CIC well before the expiry date shown on your work or study permit. Visitors should also apply to extend their visitor status before the expiry of this status.
About this guide
This guide is only for people who wish to sponsor members of the Spouse or Common-law Partner in Canada class (Refer to Part one, under the section Whom may I sponsor?).
This guide has three parts:
- Important Information consists of general information that you and your spouse or common-law partner should be aware of before you begin to complete your application.
- Part One consists of information for you, the sponsor, and the forms related to the sponsorship application.
- Part Two consists of a guide for your spouse or common-law partner (the applicant) and the forms he or she must complete to apply for status as a permanent resident of Canada.
Before you submit your application, read all of the information in the three sections of this guide. This will help you decide if you should apply.
When not to use this guide
You should not use this guide if you are sponsoring a spouse or common-law partner and:
- He or she lives outside Canada.
- You want to have a right of appeal should their application be refused.
Other guides
| If you would like to sponsor: | Use the guide: |
|---|---|
| A spouse or common-law partner or dependent child who lives outside of Canada. | Sponsorship of a spouse, common-law or conjugal partner, or dependent child living outside of Canada |
| A spouse or common-law partner and you want a right of appeal. | Sponsorship of a spouse, common-law or conjugal partner,
or dependent child living outside of Canada. Your spouse or common-law partner’s application will be sent to a visa office outside Canada. |
| A spouse or common-law partner but you are not eligible to sponsor them. | Applying for permanent residence from within Canada - Humanitarian and Compassionate Cases |
| A temporary residence permit holder who has not resolved their inadmissibility as it relates to matters other than legal immigration status. | Applying for permanent residence from within Canada - Humanitarian and Compassionate Cases |
To obtain these guides or to receive additional information, visit our website or phone the Call Centre.
