Immigration lawyer Guidy Mamann raises a couple of interesting points in his article on the metronews.ca site. The article can be found here. In summary, the new policy on 'in-land spousal sponsorships' is not a blanket amnesty/remedy for people without status in Canada. Here's an excerpt:
Those who think that because they are married to a Canadian they can’t be deported had better read this bulletin carefully.
To qualify under this policy, the applicant would typically need to submit an application for permanent residence to the Case Processing Centre in Vegreville, Alta., under the “Spouse or Common-Law Partner in Canada Class” using form IMM 5002.
Second, they will only be considered under this policy if the only reason they are in Canada illegally is due to a “lack of status.” The policy defines this term and includes limited grounds.
If the applicant meets the criteria, the application can be processed in Canada. However, this doesn’t necessarily mean they will be allowed to stay here while it is finalized.
In my practice I have found it helpful to alert CBSA (at least here in Calgary) that a spousal sponsorship has been submitted and that enforcement of removal not occur (administrative deferral). This deferral request ought to be done timely, and should be documented.
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