I read that in order to be a member of the common-law partner class in Canada, you need to cohabit with the sponsor, be the subject of a sponsorship application, and have temporary resident status in Canada. Since she overstayed her visa, wouldn't she automatically be denied?
Family Sponsorship!
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I read that in order to be a member of the common-law partner class in Canada, you need to cohabit with the sponsor, be the subject of a sponsorship application, and have temporary resident status in Canada. Since she overstayed her visa, wouldn't she automatically be denied?
I am not sure if anyone who answered prior is still reading. But I have a question. If my family member is discharged and no longer on social assistance, would the girl he wants to sponsor fall under any type of policy? Even if she overstayed her prior visa? Or would it be best she just leave Canada?
No it's 3 years.
It's not a requirement to be in valid status. As I mentioned in previous post, many people illegally staying in Canada with no status have successfully been sponsored for PR under a family class app.
Having no status means the applicant would not qualify for an Open Work Permit upfront with the PR app.
Isn't there some sort of Public Policy in effect now that someone can be sponsored as a spouse or common-law partner if they are in Canada with no status? Maybe I read that wrong.
Already answered. No - there isn't. Plenty of people here have sponsored partners without status.
Then why in the Act, does it talk about a Public Policy in regards to a Spouse/Common-Law Partner with no status in Canada?
Sorry if I am not understanding it. I thought if or when they apply and if Canada Immigration red flags this lady because of overstaying a visa, they can fall back on the Public Policy of a partner or spouse being in Canada with no status.
You'll need to provide a link to the specific text you are talking about.
Yes - her lack of status will be a red flag and they should expect their application to be reviewed more closely. No - this doesn't prevent her from being sponsored. Again, plenty of success stories here.
I googled and found this. Thought it may relate to them. It is the last one under the Public Policies heading.
https://www.canada.ca/en/immigratio...cies-operational-instructions-agreements.html
Did you actually read the policy? It states the opposite of what you were saying above:
This means that spouses or common-law partners in Canada, regardless of their immigration status, are now able to apply for permanent residence from within Canada in accordance with the same criteria as members of the Spouse or Common-law Partner in Canada class
What do you mean opposite of what I was saying? Does this policy not fall into what they are trying to do?
Would my family member need to meet a Minimum income to sponsor this lady and her kids? And if he includes the children (minus the one that is Canadian because of her father), is it still the Common-Law application?
Thanks, Canuck.
Do you know if someone needs to meet MNI requirements to sponsor a Common Law Partner and her children (if they are of age to be sponsored)?
DollyM
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"My family member does not have a job but does have some savings that no one knows about. He also is currently in bankruptcy and is on Social Assistance."
So, your family member is ok with defrauding the social assistance system as well?
If he has savings that nobody knows about then he is also claiming bankruptcy fraudulently.
Nice "family member" you've got there.
So, your family member is ok with defrauding the social assistance system as well?
If he has savings that nobody knows about then he is also claiming bankruptcy fraudulently.
Nice "family member" you've got there.
You are flip flopping in what you're saying so it's hard to understand you. You originally wrote this:
I read that in order to be a member of the common-law partner class in Canada, you need to cohabit with the sponsor, be the subject of a sponsorship application, and have temporary resident status in Canada. Since she overstayed her visa, wouldn't she automatically be denied?
Yes, sorry. After I then read about the Public Policy. I guess technically she does not meet the requirements of being sponsored that it says in the Regulations. But, she can fall in the Public Policy since she overstayed her visa.