Immigration Corner | Can I sponsor someone who is illegal?

Dear Miss Powell,

I came across your information on the Internet, and I would like your help. I was born in Jamaica, but I live legally in Canada. I met a girl online in 2020, and I have been visiting her in New York. She is a Jamaican living there. I have been travelling back and forth to see her as I own my own business, and she doesn’t get much time off except on weekends as she works as a live-in helper. She is kind and loving, and I think she could do well in Canada as she even has a degree in nursing.

I proposed to her, and that was when she told me that she is scared to marry me as she is afraid of letting her presence be known to government officials. This shocked me, so I asked her why she would say that. That is when she said she went to the USA on a visitor’s visa and just stayed when she found a good job. She is living in the USA illegally! I was initially shocked and upset to find this out as she has her sisters there, too. She said she talked with her sisters about it but that it would take a long time. Anyway, after a long discussion, I decided to see what can be done.

Can I sponsor her to come to Canada if she is in the USA illegally? We really love each other, but at this point, I don’t know if it makes sense. How long would this take if it is even possible?

– JT

Dear JT,

An application to sponsor someone to live in Canada requires that both the sponsor and the applicant (the person being sponsored) meet certain basic requirements. The current processing time is approximately two years, up from 12 months due to the current backlog that Canada is dealing with.

You indicated that you are in Canada legally but did not state if you are Canadian citizen or permanent resident. Only a Canadian citizen or permanent resident who is over 18 years old can sponsor his spouse, common-law partner, or conjugal partner to live in Canada. You will need to prove to Immigration Refugee and Citizenship Canada (IRCC) that you are in such a genuine long-term relationship, and you can both satisfy some basic requirements.

In Canada, you are considered a ‘spouse’ after you have been legally married. A common-law union is considered to exist if you and your partner have cohabited for at least one continuous year or if you and your partner live in a relationship of permanence and have a child together. A conjugal partner relationship exists where you are in a committed relationship but are not able to get married or live together for a period of at least one year due to extenuating circumstances, which prevent you from doing so.

You cannot sponsor someone to live permanently in Canada if you are only on a temporary resident visa such as a work permit and a study permit. However, if you have a temporary status and are applying to become a permanent resident, you can add your spouse as a dependent on your application.

APPLICATION, SPONSOR DUTY

Your application would fall under the Family Class. It is a two-step process. First, you the sponsor would need to provide proof of permanent status in Canada. You will need to provide a copy of your permanent resident card, citizenship certificate, or passport. You would also need to show a copy of your tax returns and provide an undertaking to be responsible for your spouse and any child that qualifies.

There are other factors that could affect your application such as proof that you have not sponsored anyone else within the last five years; that you have not declared bankruptcy and was not discharged; not defaulted on a court -ordered child-support payment: and are not receiving social assistance unless for reason of disability.

MEDICAL AND SECURITY CHECKS

Once you, as the sponsor, have satisfied the requirements to be a sponsor, the next step is to ensure that your spouse or partner is admissible to Canada. This requires your spouse to pass medical, criminal, and security checks.

While, technically speaking, there is nothing in the Canadian immigration laws that prevents you from sponsoring someone who is illegal in Canada or another country, the issue is obtaining the required documents such as police reports for all countries in which she has resided for over six months regardless of status in the country. She could find this difficult if she is “afraid of letting her presence be known to government officials”. Have you discussed the possibility of her returning to her home country, where you could get married and complete the process? This could be less stressful and more convenient.

You should consider consulting directly with an immigration lawyer to ensure that you are able to meet the requirements to assist you with the application and requisitioning the required documents.

Deidre S. Powell is a lawyer, mediator and notary public who is a member of the Jamaican and Ontario, Canada bars, with main office located in Ottawa, Ontario. Her areas of practice are: Immigration, real estate, commercial, personal injury, family mediation and administration of estates. Connect with her via www.deidrepowell.com or via Facebook or twitter. Telephone or WhatsApp 613.695.8777