The difference between Inland and Overseas Canadian Spousal Sponsorships

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There are two categories of Spousal Sponsorship applications in Canada. The type of application that you submit determines whether or not your spouse or partner is eligible for an open spousal work permit and whether you have a right to appeal if Immigration, Refugees and Citizenship Canada (IRCC) refuses your application. It is important to know the difference between these two application paths and their pros and cons.

This article will look at the following considerations:

Where does the Canadian Sponsor reside?

What are the benefits of the different types of applications?

What are the drawbacks of different types of applications?

How do you choose the type of spousal sponsorship application?

Where does the Canadian Sponsor reside?

A sponsor must be a Canadian citizen or permanent resident over the age of 18. However, a sponsor does not need to reside in Canada to submit a sponsorship application.

Although living in Canada would cut out some of the red tape from the sponsorship application, if a sponsor does not reside in Canada when they submit their application to sponsor their spouse or partner, they must demonstrate their intention to return to Canada should their spouse or partner receive permanent residence in Canada. If the Canadian sponsor does not reside in Canada, then it is even more important to consult with an immigration lawyer to understand the type of evidence that can be submitted to demonstrate a concrete plan to move to Canada.

What are the benefits of the two types of applications?

Sponsoring your spouse or common-law partner from within Canada or sponsoring your spouse from outside of Canada have different benefits available to them.

Inland Applications

As a Canadian citizen or permanent resident, deciding on an inland application will allow you to sponsor your legally married spouse or common-law partner. Your spouse or partner will also be able to work on an open spousal work permit while the application is being processed as long as they have valid status in Canada. If they have overstayed their visa and you are applying for Canadian spousal sponsorship, your spouse or common-law partner must restore their status to be eligible for an open spousal work permit.

Currently, inland applications are processed faster than overseas applications. This means that you are likely to get the result from your application much sooner if you and your spouse or partner reside in Canada at the time of your application.

Overseas Applications

An Overseas application will allow a Canadian citizen or permanent resident to sponsor their legally married spouse, common-law partner, or their conjugal partner. As your spouse or partner is overseas, the sponsor has a right to appeal should IRCC refuse the application. However, if the applicant is refused for security reasons or misrepresentation, there is no right to appeal.

As this is an overseas application, the applicant and sponsor are free to travel outside of Canada. It is also possible for the applicant to apply for a visitor visa, study permit, or work permit to Canada if they would ordinarily be eligible.

What are the disadvantages of the two types of applications?

Although there are benefits to both inland and overseas applications, there are also some items to be aware of before deciding which application you and your spouse or partner want to submit.

Inland applications

If you and your spouse and partner decide to submit a sponsorship application from within Canada, the most important thing to keep in mind is that there is no right to appeal. Should IRCC refuse your application for any reason, you will need to resubmit the entire application again. This will also entail submitting for any permit or visa extensions to maintain legal status in Canada.

The other disadvantage is that there is a restriction on travel while the application is processing. Should the applicant decide to leave Canada for whatever reason while the application is in processing, it could put the application at risk.

Overseas Applications

The biggest disadvantage to overseas applications is that the applicant is not able to obtain an open spousal work permit as they are residing outside of Canada.

In Summary

The table below summarizes the differences between an inland and overseas sponsorship application.

How do you choose which Canadian spousal sponsorship application to submit?

After reading this far, how do you decide which type of sponsorship application you would like to submit? Given the processing time of approximately 1 year, it is important to consider the impact this will have on you and your spouse or partner while waiting for IRCC's decision.

If the applicant can travel to Canada or is in Canada and can reside with the sponsor for the duration of the sponsorship, is it economically feasible for them to do so? If processing time is for one year or longer, can you envision yourselves remaining in Canada for the entirety of that time without travelling? Does the applicant have elderly family outside of Canada who might depend on them financially or otherwise?

If submitting an overseas application, can the applicant and the sponsor maintain a long-distance relationship while waiting for the processing to conclude? How difficult is it for the sponsor to travel between Canada and their spouse or partner's country of residence?

These questions and more are important to consider before choosing how to proceed with the sponsorship.

Contact Us

If you are interested have questions about visiting or immigrating to Canada or need a legal consultation, I can help. Contact me at 1 (437) 747-8008, or email kristina@kvalaw.ca and I would be happy to assist.

For more information on the application process from consultation to final decision, click here for an informative booklet!