If you are currently out of status in the United States and want to apply for permanent residency in Canada through spousal sponsorship, you may be wondering if your immigration status in the U.S. will affect your chances. Fortunately, Canada’s immigration policies allow individuals who are out of status in another country to be sponsored by a spouse or common-law partner who is a Canadian citizen or permanent resident. However, the process requires careful planning, eligibility verification, and strong supporting documentation.
How a Person Out of Status in the U.S. Can Apply for Permanent Residency in Canada via Spousal Sponsorship
This guide will walk you through the steps, eligibility requirements, and key considerations for applying for permanent residency in Canada via spousal sponsorship while out of status in the U.S.
Understanding Canadian Spousal Sponsorship
Canada’s Spousal Sponsorship Program allows Canadian citizens and permanent residents to sponsor their spouse or common-law partner for permanent residence (PR). The goal of this program is to keep families together, so it is one of the more accessible immigration pathways.
There are two types of spousal sponsorship applications:
1. Inland Sponsorship: For applicants who are already in Canada and wish to remain in the country while their application is processed.
2. Outland Sponsorship: For applicants applying from outside Canada. Even if you are currently in the U.S. (with or without legal status), you would apply through the outland process.
If you are currently out of status in the U.S., you will likely apply under outland sponsorship, which is processed through Immigration, Refugees and Citizenship Canada (IRCC).
Step 1: Confirm Eligibility for Sponsorship
Before applying, the sponsor (your spouse or common-law partner) must meet Canada’s sponsorship eligibility requirements. The sponsor must:
• Be a Canadian citizen or permanent resident
• Be at least 18 years old
• Not be receiving social assistance (except for disability benefits)
• Be financially capable of supporting you
• Not have been convicted of certain crimes, particularly those related to domestic violence or violent offenses
If your spouse is a Canadian citizen living in the U.S., they can sponsor you as long as they provide proof that they plan to return to Canada once your PR application is approved. If they are a permanent resident, they must be residing in Canada at the time of application.
Step 2: Determine Your Eligibility as the Sponsored Applicant
As the person being sponsored, you must also meet certain requirements:
• Be legally married to your sponsor or in a common-law relationship (meaning you have lived together for at least 12 months in a marriage-like relationship).
• Pass medical and criminal background checks.
• Provide sufficient documentation proving the genuineness of your relationship.
Being out of status in the U.S. does not automatically disqualify you from being sponsored, but it may lead to additional scrutiny of your case. You should provide a clear explanation of your immigration history in the U.S. when submitting your application.
Step 3: Gather Supporting Documents
Strong supporting documentation is key to a successful application. Both the sponsor and the applicant must provide evidence to support their application.
Documents for the Sponsor:
• Proof of Canadian citizenship or permanent residency (passport, PR card, or citizenship certificate)
• Proof of financial ability to support the applicant (tax returns, employment letter, bank statements)
• Declaration of intent to return to Canada (if the sponsor is living in the U.S.)
Documents for the Applicant (Sponsored Person):
• Valid passport
• Birth certificate
• Marriage certificate (if married) or proof of common-law relationship (joint lease, utility bills, bank accounts, etc.)
• Police clearance certificates from every country where you have lived for six months or more since the age of 18
• Immigration history (visa approvals, denials, or overstays in the U.S.)
• Medical examination results (completed through an IRCC-approved panel physician)
Relationship Proof:
Since Canada wants to prevent fraudulent marriages for immigration purposes, you must submit proof that your relationship is genuine. This can include:
• Wedding photos, messages, and call logs
• Joint financial accounts
• Lease agreements or mortgage documents in both names
• Affidavits from friends and family confirming your relationship
Step 4: Submit the Sponsorship Application
Spousal sponsorship applications are submitted online through IRCC’s Permanent Residence Portal. The application consists of:
1. Sponsorship application (completed by the Canadian spouse)
2. Permanent residence application (completed by the sponsored spouse)
3. Supporting documents and fees
Processing Time and Fees
• Processing time: Approximately 12-24 months, though it may vary.
• Fees: CAD $1,080 (sponsorship and PR application fees).
Once the application is submitted, you will receive an Acknowledgment of Receipt (AOR) from IRCC, and your application will enter processing.
Step 5: Wait for Processing and Respond to Additional Requests
During processing, IRCC may ask for:
• Additional documents
• An interview (if needed) to confirm the legitimacy of your relationship
• Biometrics and medical exams
If all requirements are met, you will receive a Confirmation of Permanent Residence (COPR), allowing you to move to Canada and finalize your PR status.
Potential Challenges and How to Overcome Them
1. Being Out of Status in the U.S.
Canada does not automatically reject sponsorship applicants who are out of status in another country. However, you must be transparent about your situation. Be prepared to explain:
• How you became out of status in the U.S.
• Any past immigration applications or denials
• Whether you are at risk of deportation
If you have an active deportation order in the U.S., you may need legal assistance to determine the best course of action.
2. Proving the Relationship is Genuine
If IRCC has concerns about the legitimacy of your relationship, they may request additional proof or conduct an interview. To strengthen your application:
• Provide extensive documentation (photos, travel history, joint accounts, etc.)
• Be consistent in your answers and timeline
• Submit affidavits from family and friends supporting your relationship
3. Travel Restrictions and Legal Risks
If you leave the U.S. while out of status, you might face re-entry bans if you try to return. If your application is in progress, consider waiting for approval before traveling.
Final Steps: Moving to Canada and Becoming a Permanent Resident
Once your sponsorship application is approved, you will receive a Confirmation of Permanent Residence (COPR). You will then:
1. Travel to Canada (if you are not already there).
2. Meet with an immigration officer at the port of entry.
3. Receive your official Permanent Resident Card by mail after settling in Canada.
Conclusion: Start Your Path to Canadian Permanent Residency
Even if you are out of status in the U.S., you may still qualify for Canadian permanent residency through spousal sponsorship. The key is to ensure your sponsor is eligible, provide strong supporting documentation, and be transparent about your immigration history.
If you are considering applying for spousal sponsorship and need guidance, schedule a strategy session with an experienced immigration lawyer today:
Let’s help you start your new life in Canada with clarity.