As a Canadian Citizen and Permanent Resident of Canada you are afforded rights and privileges that are greater and more permanent than temporary resident. You are also given greater opportunities when it comes to establishing yourself in Canada. One such opportunity that will be available to you is being able to live in unity with your family. If your Spouse is a Foreign National, as a Canadian Citizen or Permanent Resident of Canada you have the option of getting Permanent Resident status for your Foreign National Spouse.
There are two different types of Spousal Sponsorship categories: Inland Spousal Sponsorship and Outland Spousal Sponsorship. You must determine which category you want to apply under given your circumstances and what types of results you are looking for. Both the Inland and Outland Sponsorship applications results in Permanent Residence status for your Foreign Spouse if their application is successful. However, there are different advantages and disadvantages between Inland and Outland Sponsorship.
Outland Spousal Sponsorship
An Outland Sponsorship is when you, as a Canadian Citizen or Permanent Resident of Canada, applies to Sponsor your Foreign National Spouse who is not residing in Canada. The advantage of an Outland Sponsorship application is that it generally has a faster processing time than an Inland Sponsorship application. The disadvantage of an Outland Sponsorship is that it will likely be difficult to live together with your Foreign Spouse in Canada until an immigration officer renders a positive decision on your application.
As spouses, you and your Foreign National Spouse may want to see each other. You may want your Foreign National Spouse to come visit you in Canada so the two of you can spend time together while your Outland Sponsorship application is being processed by Citizenship and Immigration Canada. In this instance, your Foreign Spouse can come visit you in Canada as a Temporary Visitor to Canada. Your Foreign Spouse will need to demonstrate that their visit to Canada is temporary and that they will be leaving Canada after their visit. Your Foreign Spouse will have to determine whether they will need a Visitor Visa.
Inland Spousal Sponsorship
If you, a Canadian Citizen or Permanent Resident of Canada, and your Foreign National Spouse live together in Canada then you will need to Sponsor your Spouse under the Inland Sponsorship application category. In this case, your Foreign Spouse will have temporary status in Canada. Thus, one disadvantage of the Inland Sponsorship category is that your Foreign Spouse will need Temporary Resident status, which can be difficult to obtain in some cases. The Inland Sponsorship route is also a longer process. However, the advantage of the Inland Sponsorship is that the Foreign Spouse may be eligible for an Open Work Permit while your Spousal Sponsorship application is being processed. Thus, your Foreign Spouse will get to work in Canada and the two of you can live together in Canada while you are awaiting a response to your Sponsorship application.
It is important to note that if the Foreign National Spouse leaves Canada while the Inland Sponsorship application is in process, he or she may not be allowed to re-enter Canada until they are granted Permanent Resident status.
At Akrami & Associates, our team of licensed legal representatives has the knowledge and expertise to adequately and thoroughly represent you in your Spousal Sponsorship application.