How We Secured Permanent Residence for an Out-of-Status Spouse Through Inland Sponsorship
By Chantel Hame
RCIC #R706560 |
Many people believe that if a foreign national loses their legal status in Canada, their only option is to leave the country or apply on humanitarian and compassionate grounds. In reality, Canadian immigration law includes important protections for spouses and common-law partners of Canadian citizens and permanent residents — even when the applicant is out of status.
In this article, we share a redacted case example of how our firm successfully obtained permanent residence for an applicant who no longer had valid temporary status, through the Spouse or Common-Law Partner in Canada Class.
🔍 Case Overview (Redacted)
Applicant: Foreign national residing in Canada
Sponsor: Canadian citizen
Relationship: Long-term common-law partnership
Status at Time of Application: Out of temporary resident status
Outcome: Permanent residence approved through inland spousal sponsorship
⚖️ The Legal Issue: Does Loss of Status Block Inland Sponsorship?
Under normal immigration rules, applicants under the Spouse or Common-Law Partner in Canada Class must hold valid temporary resident status at the time of application.
However, Canada has an important public policy under section 25(1) of the Immigration and Refugee Protection Act (IRPA) that allows:
Spouses and common-law partners who are already living together in Canada to apply for permanent residence even if they are out of status, as long as a sponsorship undertaking is submitted and the relationship is genuine.
This policy exists to support family reunification and to avoid unnecessary separation of couples who are already established together in Canada.
Importantly, this policy does not waive other legal requirements. Applicants must still pass:
Relationship genuineness assessment
Criminal background checks
Medical admissibility
Misrepresentation screening
Loss of status alone does not make someone ineligible — but the application must be carefully prepared and legally framed.
📂 Our Legal Strategy
Rather than avoiding or minimizing the status issue, our approach was to:
✅ Clearly disclose the status history
We provided a full explanation of:
When the applicant’s status expired
Why status was lost
What steps were taken to regularize status
Transparency is critical. Failure to disclose status problems can raise misrepresentation concerns.
✅ Formally request application of the public policy
The submission explicitly cited:
IRPA section 25(1)
The public policy allowing inland processing of out-of-status spouses
The regulatory provisions being exempted
This ensures the officer is directed to assess the case under the correct legal framework.
✅ Build an exceptionally strong relationship file
Because public policy only removes the status barrier, the relationship itself must still clearly meet all requirements.
In this case, evidence included:
Long-term cohabitation records
Joint leases and household bills
Shared finances
Extensive travel together
Family integration on both sides
Third-party support letters
Photos and communication history covering several years
The relationship pre-dated any immigration benefit and showed consistent commitment over time, including periods of long-distance separation.
❤️ Why Relationship Evidence Matters Even More in Out-of-Status Cases
When an applicant is out of status, officers may naturally scrutinize whether the relationship was entered into primarily to remain in Canada.
That is why it is critical to demonstrate:
The relationship began well before status issues arose
The couple remained together during difficult periods
Family and friends recognize the relationship
The couple has integrated their lives financially and socially
Strong documentation protects clients from refusal under IRPR section 4 (bad-faith relationships) and reduces the likelihood of procedural fairness concerns.
✅ Final Outcome
After full assessment of:
Sponsorship eligibility
Relationship genuineness
Public policy eligibility
Admissibility requirements
The application was approved, and the applicant was granted permanent residence from within Canada — without leaving the country and without being forced into a humanitarian application stream.
⚠️ Important Reminder: Not All Out-of-Status Cases Are the Same
While the public policy is extremely helpful, it does not apply if:
The relationship is not genuine
There is criminal inadmissibility
There has been misrepresentation
There are unresolved enforcement issues
Every case must be assessed individually, and incorrect filings can result in refusals, enforcement action, or long-term immigration consequences.
This is why legal strategy and proper documentation matter so much in these cases.
