Sponsorhip Canada | In Canada Vs Out Of Canada
Join 1000's of Authors at StreetArticles Today!

6 things to consider when choosing between in-Canada In-Canada vs Out-of-Canada Sponsorship Canadaand out-of-Canada spousal sponsorship

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.]

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? If the answer to that question is no, 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.

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. Even if the foreign spouse has no status in Canada, an in-Canada sponsorship application may still be possible as long as both spouses are currently residing in Canada.

It should also be noted that even if both spouses reside in Canada, an out-of-Canada application is still possible, as a couple living in Canada can elect to have the application processed overseas.

2. 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. Also, if the sponsor is not regularly living with the sponsored person, and the sponsored person is living in Canada, there is a risk that CIC may take the view that the couple is not actually in a genuine relationship.

A couple should also consider whether the spouse being sponsored will have to travel overseas during the period when the sponsorship application is being processed. If that is likely, then an overseas application may be a better choice. While an out-of-Canada application can continue to be processed even if the sponsored spouse is residing overseas, an in-Canada application cannot be processed to completion if the sponsored spouse has left Canada. A short trip outside of Canada may be possible, but there is always the risk that the sponsored spouse may not be let back into Canada.

Many people mistakenly believe that the act of submitting the sponsorship application confers a special status on the sponsored spouse. This is not the case. The sponsored spouse has no special status in Canada simply from being sponsored, and only acquires permanent resident status when the sponsorship application is completed and the foreign spouse is approved for permanent residence. For this reason, a trip outside Canada during the processing of an in-Canada application is particularly risky for a foreign spouse who would otherwise require a visa to enter Canada.

However, even for a foreign spouse who would typically not require a visa to enter Canada, for example, an American spouse, there is always the risk that Canada Border Services Agency officers will refuse to allow re-entry. The fact that visas may not typically be required for citizens of a particular country to enter Canada does not guaranty that CBSA officers will permit entry to Canada for all citizens of that country.

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.

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. While first stage processing for out-of-Canada applications is usually fairly short, second stage applications processed through certain overseas visa offices may end up languishing for months or even years.

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.

While this pilot program is not available to those who apply outside of Canada, it should be noted that the out-of-Canada processing time for a given country may still be relatively short. So even if the spouse wants to begin work in Canada as soon as possible, an in-Canada application is not always the best 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. However, the spouse may still have the ability to judicially review a negative in-Canada decision.

The right to an appeal process isn’t necessarily beneficial in all circumstances, however. If an application is much more likely to be rejected if processed at a particular visa office, for example, then a couple may wish to use the in-Canada procedure. I’m not sure if there is any publicly available data on this subject, but anecdotally it appears that certain visa offices are more inclined to determine that the relationships being considered are not genuine. I suspect that the in-Canada procedure is much more accepting of relationships than is the overseas procedure when those applications are being processed through, say, the Manila or Hong Kong visa offices.

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.

For example, consider a Canadian citizen spouse who has lived overseas for 20 years. He or she has worked and lived outside of Canada for decades and does not currently own any property in Canada. For such a Canadian citizen spouse who has been long absent from Canada, Citizenship and Immigration Canada would likely be concerned that there would not in fact be a real intention to reside in Canada. The purpose of sponsoring someone for permanent residence is to allow that person to live with you in Canada. If you cannot demonstrate that you intend to live in Canada, CIC will not want to grant your spouse permanent residence, as this will give your spouse access to Canadian social benefits without this person ever contributing to Canadian society or paying Canadian taxes.

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.


Street Talk

No comments present
You May Also Like
Team Building! Important?
The development of the team idea can be followed back to the late 1920s and mid-1930s. These included a progression of examination exercises intended to inspect inside and out what happened to a gathering of laborers under different conditions. After much investigation, the specialists concurred that the most huge variable…
By: Shaista Kiran in  Business  >  Entrepreneurialism   Jun 02, 2016  
0
  Likes: 0

Looking for A Perfect Match
Like looking for a perfect match, shopping for diamond could be tedious and stressful if it’s your first time or if you don’t have much knowledge about it. Who would really settle for something of less value? Even the people we choose to be with, if it does not complement…
By: Mike Nekta in  Business  >  Entrepreneurialism   Jun 01, 2016  
0
  Likes: 0

Life Of A Jeweler
Passion... Commitment... Integrity... common words yet requires so much devotion. A pledge you would hear from a jeweler to himself. It is a typical stigma of people seeing someone with so much elegance as someone who has an “easy life”. A usual mistake you would think from someone who is…
By: Mike Nekta in  Business  >  Entrepreneurialism   May 30, 2016  
0
  Likes: 1

Creating A Unique Children’s Roller Disco Huddersfield
When you make up your mind to host Children's roller disco Huddersfield, you will have to start with the preparations so that you give the best to your kids. Children love to grab fun and enjoyment through parties. Therefore, if you get the opportunity to host parties and entertain children,…
By: watsonjerry in  Business  >  Entrepreneurialism   May 19, 2016  
0
  Likes: 0

Choose the Best Floor Cover With Floor Covering Services Bradford
If you have invested a lot of money in making your house a palace, then you should choose a decorative floor covering that will add to the look of your home. Many floor covering services Bradford companies are there that will help you to pick the best floor covering for…
By: jfab7 in  Business  >  Entrepreneurialism   May 11, 2016  
0
  Likes: 0

Wood Flooring Little Elm Tx: 3 Hot Trends In Hardwood Flooring
Replacing your old carpet, tile, or laminate with new wood flooring Little Elm TX is a smart investment, but selecting the style and color can become overwhelming. Fortunately, understanding some of the hottest trends in hardwood flooring can help make your decision a little easier. If you are considering adding…
By: Stephen E. Barnes in  Business  >  Entrepreneurialism   Apr 19, 2016  
0
  Likes: 0

Commercial Wine Cellars Dallas Tx: How To Sell More Wine
Whether you own a restaurant that serves wine or you own a wine shop or high-end liquor store, selling more wine is your main goal and the best way to do that is by installing one or more commercial wine rooms or commercial wine cellars Dallas TX. There are two…
By: Lawrence J. Dozier in  Business  >  Entrepreneurialism   Apr 18, 2016  
0
  Likes: 0

Joint Pain Frisco Tx: Medical Treatments And Home Remedies
If you need to manage joint pain Frisco TX, you have several choices. They include surgery, prescription medication, injections, physical therapy and topical ointments. Many types of medical problems cause joint pain for middle-age or senior Americans. Bursitis, osteoarthritis, strains due to injuries and rheumatoid arthritis are just a few…
By: Paul Parker in  Business  >  Entrepreneurialism   Apr 13, 2016  
0
  Likes: 0

Web Design By Nanosoft Web Develop Company
We, as a well known brand in Sri Lanka web designing arena, undertake all type of functions related to web design and development and utilize the latest technology in offering creative, high quality professionally looked web pages for the clients in worldwide. Our main business concern is designing websites for…
By: web design1 in  Business  >  Entrepreneurialism   Apr 13, 2016  
0
  Likes: 0

Best Wine Cellars In Fort Worth Tx: Unconventional Wine Storage Spaces
The best wine cellars in Fort Worth TX aren’t always cellars. Sometimes the best wine cellars are wine rooms and wine cabinets that are installed almost anywhere in a home where there’s enough square footage to accommodate them. Of course, the romanticized version of a wine cellar is the one…
By: Lawrence J. Dozier in  Business  >  Entrepreneurialism   Apr 13, 2016  
0
  Likes: 0

Office Cleaning Service Denton Tx: 5 Tips For Choosing A Service
A clean workplace matters to your customers and employees, so hiring a professional office cleaning service Denton TX should be at the top of your priority list. Because the cleaners you hire play an important role in your company, you should take as much care in selecting the right ones…
By: Avery M. Waite in  Business  >  Entrepreneurialism   Apr 12, 2016  
0
  Likes: 0

Swedish Massage Dfw: Learn About the Techniques And Benefits
If you need to relax tight muscles or just relieve stress, get a Swedish massage DFW. This popular massage therapy usually lasts anywhere from 50 to 90 minutes, depending on the desired results. Before the massage, your practitioner will ask if you have any injuries or illnesses. Let the therapist…
By: Maria S. Cozart in  Business  >  Entrepreneurialism   Apr 11, 2016  
0
  Likes: 0

Avoid Spine Surgery Plano TX By Doing These 4 Exercises
For those of you who want to avoid spine surgery Plano TX, we’ve already discussed three exercises that you should stop doing. Just in case we robbed you of some of your favorite workouts, though, we wanted to offer a few alternatives! It’s true---you can stay fit without hurting your…
By: Athena Crawford in  Business  >  Entrepreneurialism   Apr 11, 2016  
0
  Likes: 0

Dental Plan Quote: Save Money on the Most Expensive Treatments
Before your next trip to the dentist, you could save yourself a lot of money by first receiving a dental plan quote. Dental work can turn into an expensive medical treatment. Without the help of dental insurance, you could end up paying hundreds—or even thousands—of dollars out of pocket for…
By: Mary28 in  Business  >  Entrepreneurialism   Apr 11, 2016  
0
  Likes: 0

Network Support Provider Plano Tx: Four Signs You Need More IT Support
Perhaps when you first started your business, hiring a qualified network support provider Plano TX wasn’t on the top of your list of priorities. Now, however, you may be regretting that decision. Any business, no matter its size, can benefit from having adequate IT support and if it doesn’t, the…
By: Pamela Hunter in  Business  >  Entrepreneurialism   Apr 09, 2016  
0
  Likes: 0

Article Views: 673    Report this Article