Spousal sponsorship; inland or outside of Canada?
Family reunification is one of the objectives of our immigration laws in Canada. It is important that families be reunited and be able to live together. In light of this objective, the Canadian immigration system has a number of programs that allow Canadian citizens and permanent residents to sponsor and bring immediate family members such as spouses, common law and conjugal partners to Canada.
Partner and spouse sponsorship applications fall under two categories: inland or outside of Canada. Each of these categories has their own characteristics.
Generally speaking an outside of Canada application is used when the foreign spouse resides abroad. While the application is being processed, the foreign spouse is not necessarily barred from visiting Canada or obtaining other temporary status such as a work permit or a study permit.
Inland sponsorship can be used when both parties are physically present and residing in Canada. When this option is exercised, the applicant should be mindful of his or her travels outside of Canada. It is also important to know that by opting for an inland application, the sponsor forgoes the right to an appeal to the Immigration Appeal Division. This may be an important consideration.
Another important consideration is the ability to apply for an open work permit along with the sponsorship application. This allows the foreign spouse to spend time with his or her family and work while the application is being processed.
It is important to choose the correct type of sponsorship and to know the advantages and disadvantages of each category right prior to filing.
If you have questions about these processes and wish to discuss your choices, please contact our office, using the “contact us” tab on our website or by calling or e-mailing us.