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In-Out Canada Sponsorship


Couples wishing to apply for spousal (or common law) sponsorship are often faced with a dilemma. If you want to immigrate to Canada have the help of Calgary Immigration Lawyer|Russ Weninger. – PowerPoint PPT presentation

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Title: In-Out Canada Sponsorship

In Canada VS Out of - Canada
  • Couples wishing to apply for spousal (or common
    law) sponsorship are often faced with a dilemma.
  • Should they use the in-Canada method or the
    out-of-Canada method?

  • 6 things to consider when choosing between
    in-Canada and out-of-Canada spousal sponsorship

Can the foreign spouse or partner enter Canada?
  • Are the spouses currently in Canada? 
  • If the answer is no, then ask, Is the foreign
    spouse legally allowed to enter Canada?  
  • If the answer to that question is no, then an
    out-of-Canada application is the only way to go.

Will one or both spouses be spending a
significant period of time outside of Canada
while the sponsorship Canada application is being
  • If the answer is yes, then an in-Canada
    application may prove difficult.
  • An in-Canada sponsorship application can be
    submitted if both spouses are currently residing
    in Canada.
  • However, if the sponsoring spouse is spending
    most of his or her time living outside of Canada,
    say for work, then Citizenship and Immigration
    Canada may take the position that the couple is
    not actually residing in Canada. 

What are the different processing times for
in-Canada vs. out-of-Canada sponsorship
  • When considering processing times, you must
    consider processing times for both first stage
    and second stage approvals.
  • For the first stage, CIC is considering the
    application of the sponsor. When the sponsor is
    approved in principle, then CIC considers the
    application of the person being sponsored (the
    foreign spouse) in the second stage.
  • Second stage applications processed through
    certain overseas visa offices may end up
    languishing for months or even years.

Does the foreign spouse need to be able to work
(in Canada) within a short period of time?
  • If the foreign spouse needs to be able to work
    within Canada in a relatively short period of
    time, then an in-Canada application may be the
    way to go.
  • Currently, CIC has a pilot program that enables
    many in-Canada sponsored spouses to apply for an
    open work permit, and to receive that open work
    permit in as little as 4 months.

Does the couple want the right to appeal? Does
the couple want to avoid a problem visa office?
  • With an overseas sponsorship application, the
    couple maintains the right to appeal a negative
    decision. This right does not exist in the case
    of in-Canada applications. However, the spouse
    may still have the ability to judicially review a
    negative in-Canada decision.

Is either sponsorship process even possible?
  • For a couple currently living overseas, the only
    possible application is an out-of-Canada
  • However, for many couples, even an out-of-Canada
    sponsorship will be possible.
  • If a sponsor cannot demonstrate an intention to
    reside in Canada, then that person cannot sponsor
    a spouse for permanent residence.

  • Need Assistance?