Our Services“Should we apply for spousal sponsorship through the Inland or Outland process?”
This is a common dilemma that couples planning to live together in Canada face. Though both routes lead in the same direction: achieving permanent residency in Canada for a spouse or common-law partner, the experience, requirements, timelines, and benefits of both pathways are different. This blog post elaborates on how Inland Spousal Sponsorship is different from Outland Spousal Sponsorship to help you make an informed decision based on your unique situation.
What Is Spousal Sponsorship?
Any Canadian citizen or permanent resident can sponsor their spouse, common-law partner, or conjugal partner to become a Canadian permanent resident under Canada’s family class immigration program. The process not only reunites families but also enables loved ones to live, work, and build their future in Canada.
There are two types of sponsorship available to spouses and partners:
- Inland Sponsorship
- Outland Sponsorship
Let’s dive into a detailed comparison of the two.
Inland Spousal Sponsorship
Who Is It For?
If the sponsored spouse or partner is already in Canada on a study permit, work permit, or temporary resident status, applying for Canadian permanent residence or citizenship through Inland Sponsorship is ideal.
Primary Features
- Live Together in Canada
While the application is being processed, couples who have applied through Inland Sponsorship must ensure that the applicant is living with the sponsor.
- Possibility of Attaining an Open Work Permit
The biggest benefit of Inland Sponsorship is that the sponsored partner may qualify for an open work permit. They can work for any Canadian employer while they wait for a decision on their PR.
- Losing the Right of Appeal if Refused
In case your application is rejected, you may not have the option to file an appeal. However, applicants may decide to go through a complex legal procedure; they can pursue a judicial review.
- Processing While in Canada
The communication and process are generally smooth, fast, and centralized because the procedures take place in Canada.
Advantages vs Disadvantages
| Advantages | Disadvantages |
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1. The options for filing an appeal are limited. |
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2. While awaiting a decision, the sponsored partner must maintain a temporary status. |
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3. Delays in attaining Canadian citizenship or permanent residence status may happen if the temporary status expires while the application is processed. |
Outland Spousal Sponsorship
Who Is It For?
Outland sponsorship typically applies to couples where the sponsored spouse or partner resides outside Canada, although partners living in Canada might also opt for Outland in certain situations.
Primary Features
- Processed Through a Visa Office Abroad
The Canadian visa office serving the country where the sponsored partner resides reviews the application.
- Right of Appeal to the Immigration Appeal Division (IAD)
A key benefit of the Outland route is that if the application is denied, the sponsor has the option to appeal the decision in numerous cases.
- Work Permits Are Not Typically Granted
In contrast to the Inland process, Outland applicants typically cannot request a spousal open work permit while their application is in progress.
- Better for Travel Outside Canada
Due to the international nature of the application, the sponsored individual can travel more easily without jeopardizing their status.
Advantages vs Disadvantages
| Advantages | Disadvantages |
|
1. Applying for open work permits for the spouse is not permitted. |
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2. The process might get delayed with the back and forth of communication in a foreign visa office. |
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3. The applicant and the sponsored partner may not live together while the application is processed. |
Inland vs Outland: How to Make the Right Choice
Selecting the appropriate route relies on your unique situation. Here’s a comparison side by side:
| Factor | Inland Sponsorship | Outland Sponsorship |
| Residing together during processing | Required | Not mandatory |
| Work permit access | One can apply for a work permit | Not allowed |
| Right to appeal if refused | Not applicable | Yes, the right to appeal is granted |
| Best for travel | Restrictions apply | Flexibility of travel plans |
| Processing location | Within Canada | Through a foreign visa office |
| Processing speed | Vary from case to case | Vary from case to case |
Situations When Inland Makes More Sense
Applying for Inland Spousal Sponsorship may be a good option if:
- Your significant other is already residing in Canada.
- You and your partner are living together physically while the application is processed.
- Your partner is eager to start working in Canada immediately.
- You possess a valid temporary status that you are able to uphold.
Situations When Outland Makes More Sense
Applying for Outland Spousal Sponsorship may be a good option if:
- Your partner resides outside of Canada.
- You seek the right to appeal for a denial.
- Travel holds significance for personal or career-related aspects.
- You are not worried about an open work permit while it is being processed.
Common Requirements for Both Paths
No matter which route you take, Inland or Outland Spousal Sponsorship, these are the standard requirements you need to fulfill:
- The applicant must be at least 18 years of age
- Be a citizen or permanent resident of Canada
- Prove that your relationship is authentic and not solely established for immigration purposes
- Have the capability to provide financial assistance to your partner
- Fulfill the sponsorship eligibility criteria established by the Immigration, Refugees and Citizenship Canada (IRCC)
Documents that can be included for support are:
- Documents of marriage or evidence of a common-law relationship
- Combined bank accounts or joint expenses
- Photos and communication logs
- Remarks from relatives and friends
Demonstrating that your relationship is genuine is among the most essential aspects of the application.
Processing Time & Costs
Visa processing times may differ depending on the application volume, the specific visa office, and how thoroughly your application is completed. In the past few years, processing spousal sponsorship has typically taken about 12 months, though this is subject to change. Charges encompass:
- Sponsorship administration charge
- Processing fee for principal applicant
- Fee for permanent residency rights
- Biometric data (if necessary)
Always visit the official IRCC website for the latest updates on the fees and processing times.
Conclusion
Inland and Outland spousal sponsorship are both legitimate pathways for bringing your partner to Canada as a permanent resident. There isn’t a universal answer: the best decision relies on your relationship, living circumstances, travel requirements, and future plans.
Making thoughtful choices can aid in facilitating a more seamless path to creating your future together in Canada.
For tailored assistance and the most up-to-date regulations, it’s advisable to seek guidance from a licensed immigration professional.
FAQs
- Is it possible for me to apply for Inland Sponsorship if my partner holds a visitor visa?
Indeed, you can seek Inland Sponsorship if your partner is in Canada on a visitor visa, provided they maintain legal status throughout the application process.
- What occurs if my Inland Sponsorship application lapses prior to approval?
If your Inland application runs out, your partner might need to exit Canada. You can submit an application for a visitor record to prolong their stay as they await a decision.
- Am I able to submit an Outland Sponsorship application if my partner is currently in Canada?
Indeed, you can opt for the Outland route, even if your partner resides in Canada. Nonetheless, Inland sponsorship might be a better option if you want to remain together throughout the processing period.
- What is the duration for obtaining an open work permit for Inland applicants?
Generally, Inland applicants are able to apply for an open work permit approximately 4-5 months post submission of their application. Nonetheless, it relies on personal processing durations and particular situations.
- Is it possible to challenge a denial of Inland Spousal Sponsorship?
No, Inland applications typically do not permit an appeal to the Immigration Appeal Division. Should you be denied, you can seek a judicial review of the ruling in court.
- Is it possible to go outside Canada while undergoing the Outland Sponsorship process?
Indeed, the sponsored partner is allowed to travel outside Canada during the Outland process, but they need to ensure their visa status and re-entry requirements are upheld while awaiting a decision.
