Canadian Spousal Sponsorship
- By Humaiz
- Sep 14, 2023
Many people don’t know that there are two different types of Canadian Spousal Sponsorship including Inland and Outland. Both have specific pros and cons which we will discuss in detail.
What is Canadian Spousal Sponsorship
If you are a permanent resident for 5 years or hold a Canadian Citizen card, you can easily sponsor your wife, partner or dependents (children). However, there is the requirement that you have to support them financially rather than taking help from the government for funds.
Many times, Canadians or permanent residents enter a business-like arrangement or fake relationship with an international person in exchange for a fee. To prevent this, you need to provide various documents to IRCC to prove that you are in a real relationship. These documents include divorce documents (if you are divorced), marriage certificates, marriage ceremony photos, proof of registration of marriage with a government, etc. The sponsor and applicant will also be invited to the IRCC office for a separate interview. If the officer is not satisfied with the validity of the relationship, then foreign nationals will not get sponsorship.
Inland Spousal Sponsorship allows individuals to sponsor their partner, spouse or common-law partner for permanent residence while both are living in Canada. The inland sponsorship can take a lot of time and the couples or partners must stay together. The relationship between the sponsor and the sponsored person should be recognized by IRCC
To be eligible for the Inland spousal sponsorship, the applicant needs to have a valid temporary status document while living in Canada. This may include a valid visitor visa or work permit. However, if this document expires before the inland sponsorship documents are processed, then the applicant has to apply for an extension to maintain legal status in Canada.
If an applicant’s documents for inland sponsorship are being processed, he/she can be eligible to travel overseas based on a valid passport and a visitor visa. However, this is not recommended as it can sometimes cause an issue with the immigration process.
If a sponsored person comes from overseas to Canada and he/she is denied entry due to an expired visa or other immigration issues, their Inland sponsorship can get cancelled. In such a case, they would need to resubmit the new sponsorship application which is a lengthy process.
Spousal Open Work Permit
In some cases, a person who is sponsoring is also eligible to apply for a spousal open work permit based on a valid temporary visa. It means that he/she can work anywhere in Canada so that they don’t face issues with the family finances.
- The sponsor should be either a permanent resident of Canada or a Canadian CItizen, have a good moral character, shouldn't be bankrupt, should not be charged with any criminal offence and should not be under a removal order.
- The sponsor should have an intention to live in Canada when their sponsored partner becomes a permanent resident.
- You should be at least 18 years old if you are sponsoring your partner
- The sponsor should not have sponsored a spouse or partner to Canada within the last five years
- The sponsor should not be receiving social assistance for reasons other than a disability. He should be able to handle the finances all by himself/herself.
Outland Sponsorship is a program that allows a Canadian permanent Resident or Canadian Citizen to sponsor their spouse, or partner despite of where they are living. Most of the applications are processed within one year so that families can reunite. If the person who wants to sponsor is living in Canada, he/she doesn’t need to have a valid temporary status to get an open work permit. Keep in mind that your marriage, common-law or conjugal partnership should be legally recognized by IRCC. Your marriage should also be recognized within Canada and also in your home country.
The other most interesting fact about Outland Sponsorship is that you have the appeal right, unlike in Inland Sponsorship. It means that you have every right to request a review of the decision made by the immigration authorities such as the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada. You can provide additional evidence and justification for why your sponsorship should be approved.
- If you are sponsoring, then you should be at least 18 years old and either be a Canadian permanent resident or a Canadian citizen.
- The sponsor should not have sponsored a spouse or partner to Canada within the last five years.
- You should have good moral conduct with no legal penalty.
- You should also not be under a deportation order.
If a person you are sponsoring for spousal sponsorship meets the eligibility criteria then your application will get approved. It also means that your spouse or partner can now easily get permanent residency in Canada. After a while, they will be eligible to take the Canadian Citizenship Test to get Canadian Citizenship.