In-Out Canada Sponsorship

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In Canada VS Out of - Canada
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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?

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

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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.

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

• 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. 

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

• 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.

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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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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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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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