4. Learn when a spouse or common-law partner can be sponsored

Usually, people have to apply for permanent resident status from outside Canada. This includes people who are being sponsored by a family member.

But sometimes a spouse or common-law partner who’s being sponsored can apply and get permanent resident status in Canada. They do this as a member of what’s called the Spouse or Common-Law Partner in Canada class.

Temporary residents

A spouse or common-law partner may be sponsored if they have a valid status as a temporary resident:

• when they apply, and
• when they get their permanent resident status.

For example, the person may be in Canada as a visitor, student, or worker. They can apply for a work permit at the same time.

People without status

A spouse or common-law partner who does not have a temporary resident status may also be eligible if they:

• had a valid status that’s expired, for example, as a visitor, student, or worker
• worked or studied in Canada when they could not legally do this
• came into Canada without a visa or other document that’s required by Canada’s immigration law, for example, as a refugee claimant

They may also be eligible if they came into Canada without a valid passport or travel document if:

• they did not use a fake document or one that they got illegally, and
• they have a valid passport or travel document when Immigration, Refugees and Citizenship Canada (IRCC) is ready to give them permanent resident status

But they’ll not be eligible to get permanent resident status in Canada if:

• Canada Border Services Agency (CBSA) is taking steps to force them to leave Canada, or
• a removal order has been made against them