The government of Canada updated instructions regarding determining membership in the spouse or common-law partner in Canada class on June 8, 2022.
The revised instructions for circumstances when there is a relationship breakdown and the primary applicant (sponsored spouse) wishes to proceed with their permanent residence application. The conversion to humanitarian and compassionate grounds is applicable for these cases.
In addition, the instructions have been updated to include further clarification on these cases under the exemption from the requirement to have temporary resident status. In order to qualify as members of the class, applicants in the spouse or common-law partner class in Canada must have valid temporary resident status on the date of application and on the date they receive permanent resident status.
According to the spousal public policy, spouses or common-law partners who meet other eligibility requirements of the class and are out-of-status can be processed under the spouse or common-law partner in Canada class. Therefore, applicants who are covered by the public policy should be handled in accordance with the provisions of the spousal public policy.
It is important to know that an applicant who does not have temporary resident status, or who is not eligible under the spousal public policy, can be removed at any time.