Common Law Sponsorship: Inland V. Outland comparing advantages

Common Law Sponsorship: Inland Vs Outland- comparing advantages

There are 2 types of applications available if you are looking to sponsor your common law partner. The type to apply for depends on whether the applicant is residing inside or outside of Canada.

Please note: both inland and outland common law sponsorship applications are ONLY paper-based. You cannot submit online.

Inland Common-Law Sponsorship

If you are a worker, visitor or student inside Canada, You can apply under the Inland Common Law Sponsorship route.

The main advantage is that the applicant (sponsored person) qualifies for an open work permit. An open work permit allows the applicant to work for any employer while the sponsorship application if being processed. Both the sponsorship and the work permit applications are submitted together.

The Open work permit is issued halfway through the application processing time if approved.

Other advantages in applying for Inland Common law sponsorship are:

Implied status:

As long as you submit the sponsorship application before the expiry date, your legal status will not be affected. This is known as “implied status”. Until a decision is made on the sponsorship application, you do not lose status in Canada.

Processing Times

Since the application remains inside Canada, the processing times are quicker

Options:

Applicants residing inside Canada have the option to apply from inside or outside of Canada.

Disadvantages of using the Inland Common Law Sponsorship application are:

Must be living with your partner: during the duration of the application process, both partners must remain living together.

Must remain inside Canada:>For the entire duration of the application process, applicants must remain inside Canada. Exiting Canada can jeopardize the entire application. The border officer can refuse your re-entry making it impossible to remain living together.

No option to appeal to Immigration and Appeal Division (LAD)- the only appeal option is through judicial review at the Federal Court level which is an expensive and lengthy process.

Outland Common Law Sponsorship

The outland common law sponsorship application can be used whether you are inside or outside of Canada. The main advantage to outland is that you can exit and re-enter Canada while your application is being processed. You are free to attend family and/employment commitments abroad without worry of your application being affected.

Other advantages of outland sponsorship:

Application is not affected if you have been denied entry

Cohabitation requirements: you are not required to live with your partner during the application processing time.

Appeal Options: if you application is refused, you have the option to appeal to the immigration Appeal Division.

The Inland Common Law Sponsorship application does have some disadvantages compared to the Outland, some of these include:

Work permit- you are eligible to apply for an open work permit.

Lack of implied status: You are not given implied status while your application is being processed. You must maintain your temporary resident status.

Slow Processing times: Your application may be transferred and processed through the visa office in your country of origin or country of residence, generally making processing times longer.

Interview Locations: Since the IRCC automatically assumes you are outside of Canada, any requested interviews may be scheduled in your country of citizenship or your country of residence.

Akrami and Associates

Here at Akrami and Associates, our legal representatives have dealt with hundreds of common law sponsorship applicants. Here and ready to help you decide which is the better option for you, inland or outland sponsorship. Contact us today at 416-477-2545 or This email address is being protected from spambots. You need JavaScript enabled to view it. to connect with a representative.

With Akrami and Associates there is always a way!