If you marry a person outside Canada and then you want to sponsor your spouse or common-law partner and your spouse or common-law partner wants to live at his or her home country while his or her application in process, then his is called overseas spousal sponsorship. This is also called sponsoring family member under a family class.
If you want to sponsor your spouse or common-law partner inside Canada which means your spouse or common law partner is living with you in Canada, then you need to submit an inland spousal sponsorship application.
If you get married outside Canada and your spouse or common-law partner comes to Canada as visitor on a visitor visa, you can sponsor him or her inside Canada and your partner has to live in Canada while his or her application is in process.
If you want to sponsor your spouse or common-law partner you can sponsor inland or overseas but when it comes to conjugal partner then you can only sponsor from outside Canada.
Inland Applications For Spousal Sponsorship:
As you know inland sponsorship means that you are sponsoring your spouse or partner while he or she resides inside Canada. Sponsoring your spouse or common-law partner from inside Canada has advantages as well as disadvantages.
· Your spouse or common-law partner can stay in Canada while his or her application is in process and waiting for a final decision from Citizenship and immigration Canada (CIC). If your spouse or common-law partner visa expired and he or she has no status, he or she can still live in Canada, it is called implied status. Meaning, even those who do not have status in Canada, can still have a successful application
· Your spouse or common-law partner may be eligible for open work permit, which means they can work in Canada while they are staying in Canada and waiting for decision on their application.
· If your file an inland application it usually means longer processing times. It means your spouse or common-law partner will have to wait more for final decision then if the application was filed overseas
· Your spouse or common-law partner has to stay in Canada during the application process. If he or she leaves Canada, then Citizenship and Immigration Canada may return or refuse the application. You may be asked to start the application all over again.
· If you are sponsoring your common-law partner or spouse inside Canada and your spouse or common-law partner application is refused, you have no right to appeal that decision and your spouse or common-law partner has to leave Canada.
Overseas Application For Spousal Sponsorship:
Overseas spousal sponsorship means that you are sponsoring your spouse or common-law partner who is living outside of Canada.
There are also some advantages and disadvantages for an overseas spousal sponsorship.
· If your spouse or common-law partner is living outside Canada and you sponsor him or her, it will take less time than inland. Your spouse or common-law will receive final decision significantly earlier. Now this is not always the case. Some countries do have longer processing times than inland. But predominantly, most overseas applications are processed faster
· Your spouse or common-law partner can visit Canada while his or her application is in process and waiting for final decision so long as they have the appropriate visa. Whereas inland applicant, your partner cannot exist easily
· If you have applied for spousal sponsorship and your application is refused, then as an overseas applicant, you have a right to appeal after refusal. This opportunity is not available to inland applicants.
· The only disadvantage of overseas spousal sponsorship is that if you sponsor your spouse or common-law partner as member of family class, then he or she is not eligible for open work permit while his or her application is in process
· Also, unless you have the necessary visa, you may also be apart from your partner for months at a time
It always depends on your circumstances as to which option is best for you. How you want to sponsor your spouse or common-law? The best way to determine which option is good for you is to consult with an immigration lawyer.
When you consult with immigration lawyer, they will tell which option is beneficial for you according to your circumstances.
If you have any question regarding inland versus overseas application for spousal sponsorship, please give us call. We will definitely provide you information and choose a best option for you.