In-Canada vs Out-of-Canada Sponsorship

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In-Canada vs Out-of-Canada Sponsorship
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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? Answering this question
is not always easy, as a number of factors must
be considered. Please note that, for ease of
exposition, most references to spouses in this
article may be understood as meaning both spouses
and common law partners.
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6 things to consider when choosing between
in-Canada Sponsorship canadaand out-of-Canada
spousal sponsorship
1. Can the foreign spouse or partner enter
Canada?2. Will one or both spouses be spending a
significant period of time outside of Canada
while the sponsorship Canada application is being
processed?3. What are the different processing
times for in-Canada vs. out-of-Canada sponsorship
applications?4. Does the foreign spouse need to
be able to work (in Canada) within a short period
of time?5. Does the couple want the right to
appeal? Does the couple want to avoid a problem
visa office?6. Is either sponsorship process
even possible?
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1. Can the foreign spouse or partner enter Canada?
First thing to consider Are the spouses
currently in Canada?
then an out-of-Canada application is the only
way to go. To submit an in-Canada sponsorship
application, both spouses must be currently
residing in Canada. If one spouse is unable to
enter Canada, then sponsorship Canada can be
ruled out.
NO
then ask, Is the foreign spouse legally allowed
to enter Canada?
NO
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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
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.
Go to Canada Immigration for more information.
then an in-Canada application may prove
difficult.
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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. It is a good idea to
check the processing times listed on the
Citizenship and Immigration Canada website before
choosing between the in-Canada and out-of-Canada
options.
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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. 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.
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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. However, the spouse
may still have the ability to judicially review a
negative in-Canada decision.
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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.
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• If you are living overseas and considering
  sponsorship, you should consider re-establishing
  ties to Canada.
• Some ways to help do this are through seeking
  employment in Canada, purchasing a home in
  Canada, or visiting Canada.
• In you can convince CIC that you have an actual
  intention to reside in Canada after the
  sponsorship application is approved, then you
  stand a much greater chance of having the
  application approved.

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To know more about Canadian Immigration
Contact Russ Weninger for Immigration Queries
Russ Weninger403-265-4496Suite 300, 404
6th Avenue SWCalgary, Alberta T2P
0R9russ_at_russweninger.com