In-Canada VS Out-of-Canada Sponsorship

6 Things to Consider when Choosing

Between in-Canada Sponsorship Canada and out-of-Canada

Spousal

1. Can the foreign spouse or partner enter Canada?

This is the first thing to consider. Are the spouses currently in Canada? If the answer is no, then ask, Is the foreign spouse legally allowed to enter Canada? However, it should be noted that in-Canada sponsorship is not automatically ruled out when the foreign spouse is staying illegally in Canada with the Canadian spouse.

2. Will one or both spouses be spending a significant period of time outside of Canada while the sponsorship Canada application is being processed?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.

3. What are the different processing times for in-Canada vs. out-of-Canada sponsorship applications?

In some cases overseas sponsorship applications will be much quicker than in-Canada applications. In other cases, the processing times will be about the same or even quicker for in-Canada applications. 

4. 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.  

5. 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.

6. Is either sponsorship process even possible?

For a couple currently living overseas, the only possible application is an out-of-Canada sponsorship. 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.

You can visit www.calgaryimmigrationlawyer.com

or call 403-265-4496