Immigration Blog about US & Canadian Immigration matters.

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.

Two Types of Spousal Sponsorship:

There are two different ways to apply for spousal sponsorship. There is the inland vs outland application. As with everything in life, there are pros and cons to each and every situation. Determining which application is best suited for you and your spouse’ specific needs may be a little confusing. There are different rules and aspects to each application which may or may not benefit you. However, understanding the differences between the two applications (inland or outland) may help with making this decision a little bit easier.

Spousal Sponsorship Application from Inside of Canada (Inland):

Pros:

• The sponsored spouse must remain within Canada during the processing time.
• The sponsored spouse can obtain an open work permit (an open work permit allows the sponsored spouse to work in Canada during the processing time for your application).

Cons:

• The sponsored spouse may not leave Canada during the processing time, otherwise the application will be determined abandoned.
• Processing times are usually longer than the processing times for outland sponsorship. The first stage alone takes about 8-12 months.
• If an inland application is denied, then no appeals will be permitted.

Spousal Sponsorship Application from Outside of Canada (Outland):

Pros:

• The sponsored spouse is allowed to travel to and from Canada during the processing times; however, he/she can only do so if he/she has a valid document that allows them to do so, such as a Temporary Resident Visa.
• Processing times are usually faster than with inland applications, however this depends on which country you are applying from.
• If an outland application is denied, then the sponsored spouse has the right to appeal that decision.

Cons:

• The sponsored spouse must wait outside of Canada for a decision, unless your spouse has an additional visa (e.g. Temporary Resident Visa) which allows them the ability to be within the country while waiting for the application to be processed.

Further, you must go through extensive lengths to provide proof of their relationship. These documents listed are what CIC required you to produce. However, you should add in anything extra that you can possibly think of that can prove your relationship is genuine. Examples would be a joint bank account maybe, proof of living together (renovations), mail comes to same address, phone records that show consistent communication, text messages, etc…) All in all, you are trying to show your relationship to someone who does not know you through paper.

There are two ways to sponsor your spouse, common-law partner, or conjugal partner, as a permanent resident; inland or outland. The main differences between the two, whether your partner is already in Canada (inland) or if they are outside of Canada (outland) while you sponsor them, is the processing times and the forms you are required to complete.

Before making an application, you should read about the sponsorship class that you have elected, in this case, sponsoring your spouse living outside of Canada. Once you have read and continue to choose this path, there are three main components of the process, which includes,