Spouses, partners and dependent children
1. Why should I apply under the Spouse or Common-law Partner in Canada Class instead of applying to stay in Canada on humanitarian and compassionate grounds?
People apply to remain in Canada on humanitarian and compassionate grounds because they do not meet the criteria to apply in any other class. Spouses and common-law partners should apply in the Family Class. The Family Class will exempt you from some of the financial and medical requirements, and you can include other family members (who are in Canada or in another country) on your application for permanent residence. The process in the Family Class is much faster than an application on humanitarian and compassionate grounds.
2. If I have overstayed my visa or visitor record or if I have been working or studying without a permit, can I apply for permanent residence under the Spouse or Common-law Partner in Canada Class? If yes, how do I apply?
Yes. You can apply for permanent residence under a public policy that creates exceptions to the Spouse or Common-law Partner in Canada Class, if you are still in Canada. You can download the application kit, or order it by contacting the Citizenship and Immigration Canada (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.
3. 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 public policy relating to the Spouse or Common-law Partner in Canada Class. However, you must obtain a valid passport from your home country or travel documents before Citizenship and Immigration Canada will grant you permanent residence.
4. 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 public policy relating to 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. For example, 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.
5. I am a temporary resident permit holder. Can I apply to become a permanent resident as a sponsored spouse or common-law partner?
If you are in Canada on a temporary resident permit, you can apply to become a permanent resident of Canada. 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.
6. I was deported from Canada and I returned without getting proper permission. Can I apply as a permanent resident under the public policy for the Spouse or Common-law Partner in Canada Class?
Your application will be refused because you do not have permission to be in Canada. You may be able to be sponsored from abroad if you return to your home country.
7. I am 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 to be a permanent resident under the public policy relating to the Spouse or Common-law Partner in Canada Class if you meet all the requirements and you are not inadmissible to Canada.
8. 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.
9. How do I find someone to represent me or help me complete my application?
You do not need a representative to help you apply to visit or immigrate to Canada. The use of a representative is a personal choice. Find out more information about using a representative.
10. Can I cancel my application once it has been approved?
If you change your mind about sponsoring a family member, you must write a letter to the appropriate Case Processing Centre before a permanent resident visa is issued. Once permanent resident visas are issued, the promise that you and, if applicable, your co-signer, made to support your family member is valid for the term of your application.
The application is an unconditional promise of support. For example, the granting of Canadian citizenship, relationship breakdown or moving to another province does not cancel the application. The application also remains in effect if your financial situation changes and you can no longer afford to provide financial support.
11. What family members may come with me to Canada when I immigrate?
The family members that can come with you to Canada when you become a permanent resident include:
· your spouse or common-law partner
· your dependent child or your spouse or common-law partner’s dependent child and
· a dependent child of a dependent child.
Your parents, grandparents and other family members are not eligible to come to Canada with you. However, you can apply to sponsor them to come to Canada after you immigrate here.
12. I want to sponsor my spouse. Is it faster to apply from inside or outside Canada?
It is usually faster to apply to sponsor a spouse from outside Canada. However, the requirements to immigrate to Canada are the same in both cases.
Some differences between the processes:
Inside Canada
· average of 12 to 18 months to process routine applications
no right of appeal
· you are advised to stay in Canada while your application is being processed (If you leave Canada and cannot re-enter, the application will be abandoned)
· you can send an application for an open work permit with the sponsorship application (the permit will be issued as soon as you are eligible for it)
Outside Canada
· average of 6 to 12 months to process routine applications
· right of appeal
· you can leave and re-enter Canada while your application is being processed as long as you meet all requirements to enter Canada
· if you want to work in Canada while your application is being processed, you must apply for a regular work permit
13. How can I check the status of my application?
You may check your application status on this website, using the e-client Application Status service (e-CAS) of the Citizenship and Immigration website.
If you are sponsoring a member of the family class, you may also check case status through the CIC Call Centre. In Canada, call 1-888-242-2100. In some cases, you can use our Case Specific Enquiry Form. Choose International Visa Office. Choose the Canadian visa office you applied to from the list and look under “Case specific enquiries.” Please read the instructions carefully before sending an enquiry using that form.
Eligible relatives
1. What is different in the sponsorship process if I live in Quebec?
Under the Canada-Quebec Accord, the province of Quebec has a role in determining the eligibility of sponsors living in Quebec. The Quebec process begins after Citizenship and Immigration Canada (CIC) has reviewed your sponsorship application.
You will get a letter confirming that your application has been accepted. It will tell you what steps to take with the Government of Quebec. If you meet Quebec’s eligibility criteria, then the Quebec ministry that handles immigration (ministère de l’Immigration et des Communautés culturelles) will issue an Engagement and Certificat de sélection du Québec (Agreement and Certificate of Selection) to you. A copy of each document will be sent to the visa office in your relative’s home country to be included in the process.
2. Can my relative get an up-front medical examination?
The up-front medical examination process is only available to spouses, common-law partners and dependent children. If any other members of the Family Class (for example, parents and grandparents) use the up-front medical examination process, the medical results will not be valid and the examination will have to be redone.
Canada’s Immigration and Refugee Protection Act changed the medical requirements for spouses, common-law partners, conjugal partners and dependent children, but these changes have not, so far, been extended to other members of the Family Class.
3. How do I find someone to represent me or help me complete my application?
You do not need a representative to help you apply to immigrate to Canada. The use of a representative is a personal choice. Find more about using a representative. There are also organizations that can help you fill out the application forms. For more information, see After You Arrive on the left-hand side of this page.
4. Can I cancel my application once it has been approved?
If you change your mind about sponsoring your parents, grandparents, adopted children or other relatives, you must write a letter to the Case Processing Centre of Citizenship and Immigration Canada in Mississauga, Ontario, before the permanent resident visas are issued. Once permanent resident visas are issued, however, the promise that you and, if applicable, your co-signer made to support your family is valid for the term in the application.
The application is an unconditional promise of support. For example, if your relative is granted Canadian citizenship, if your relationship breaks down or if your relative moves to another province, the application will not be cancelled. Even if your financial situation changes and you can no longer afford to support a relative, the application remains in effect. You must support the relative financially for the full term of the agreement.
5. What if I can’t afford to sponsor my relative? Can they come to Canada as a refugee instead?
Your relative is only eligible under the Private Sponsorship of Refugees program if they are in a situation where they may be subject to persecution in their home country. For more information, see The Refugee System on the left-hand side of this page.
Priority processing for family members in Iraq
1. What does it mean to give priority processing?
Priority processing means that applications currently waiting to be processed, at either the Case Processing Centre or at the visa office, will be pulled from the wait list and processed right away.
New applications to sponsor a family member directly affected by the situation in Iraq will not be put on the wait list but will also be processed right away.
2. Who is eligible for the priority processing?
Close family members of Canadian citizens and permanent residents who have been directly affected by the situation in Iraq and who live in Iraq or the surrounding region are eligible for priority processing.
3. Are family members of protected persons included in the priority processing?
Yes. Protected persons in Canada who have applied for permanent residence and who have included a dependant living in Iraq or the surrounding region in their application will also be given priority processing.
4. What countries are considered part of the “surrounding region”?
The surrounding region includes Jordan, Lebanon, Turkey, Syria and Iran. Applications for permanent residence from Iraqi nationals who live in any of these five countries will also be given priority processing from the visa office in Damascus.
5. Who is considered part of the Family Class?
Family Class includes a spouse, common-law partner, conjugal partner, dependent child, parent and grandparent.
6. How long will it take for my application to be processed?
If you have applied or plan to apply for sponsorship in Canada to the Case Processing Centre, you can expect to have your application processed in about one week, as long as it is complete and the application fee has been paid.
If your application is being processed at the visa office in Damascus, processing times will vary depending on your circumstances. The visa office has already begun priority processing on eligible applications and will start to process new applications right away. To keep from delaying the process, applicants and sponsors should respond quickly to any request from the visa office.
Applicants and sponsors can check the progress of their applications online by using the E-Client Application Status service.
7. If I am applying to come to Canada temporarily, e.g., to visit, study or work, will priority processing apply?
No. Priority processing only applies to Family Class applications for permanent residence.
8. If my application was previously refused but I am affected by the situation in Iraq, will my case be re-examined?
We do not reopen a closed file. If your application was previously refused, you can reapply and it will be reassessed.
9. Will security or medical requirements be waived for the priority processing?
No. As usual, all applicants must meet security and medical requirements.
10. I have already applied as a refugee and am waiting to see if I will be accepted. If I have family in Canada, can I also apply under the Family Class to receive priority processing?
Yes. In fact, you are encouraged to apply for Family Class processing if you have a close family member living in Canada who can sponsor you.