November 10, 2023

Successful Permanent Residence Application for Out-of-Status Applicant on H&C factors

Our client came to us looking to regularize their status in Canada, having spent in Canada a number of years without status. During their time in Canada, they fell in love and married a Canadian citizen, and therefore, we initially suggested that they apply for permanent residence under the In-Canada spousal sponsorship program. However, upon further investigations into the family history, it came to light that the Canadian spouse was not eligible to be a sponsor given the outstanding child support payments for their child from a previous relationship, although the individual was making regular payments to clear the debt. In the meantime, the out-of-status spouse came to the attention of CBSA which put our client at risk of being removed from Canada.

As the spousal sponsorship was no longer an option, we recommended our client apply for permanent residence under Humanitarian and Compassionate factors, given their establishment and family in Canada, and the hardship they would experience if returned to their country of citizenship, having not resided there for many years. With copious supporting evidence and our detailed legal written submissions, our arguments were accepted by IRCC, and our client’s application for permanent residence was approved.

We are extremely happy for our client and that we were able to assist the family to remain united in Canada. We wish our client and their family all the best.