Arisnel Mesidor, M.A., RCIC
Updates on the instructions for Spouse or Common-Law Partner in Canada Class Applicants
The government of Canada has introduced instructions for Spouse or Common-Law Partner in Canada Class candidates applying under the Humanitarian and Compassionate (HC) Circumstances, clarifying the eligibility requirements that may be waived.
If approved by humanitarian and compassionate circumstances, spouses or common-law partners in Canada can be granted a waiver from the grounds of inadmissibility not addressed in spousal public policy, as well as a waiver of R133(4), the minimum subsistence income requirement, and A38(2), the excessive demand medical requirement for health and social services.
Applicants in the spouse or common-law partner in Canada class (SCLPC) who request humanitarian and compassionate consideration will be processed in the spouse or common-law partner in Canada class, if they meet both of the following eligibility requirements:
they are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada [R124(a)]
they are the subject of a sponsorship application [R124(c)]
A person who meets the eligibility requirements of R124(a) and R124(c) may request an exemption, on the basis of health and safety, from any requirement, such as:
a valid passport/travel document
authorization to return to Canada after being deported (ARC) (PDF, 600 KB)
other requirements of the Act or Regulations (e.g. criminality, medical, misrepresentation)