In-Canada vs

Out-of-Canada Sponsorship

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

Canada spousal sponsorship

1. Can the foreign spouse or partner enter Canada?

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.

2. Will one or both spouses be spending a significant period of time outside of Canada while the sponsorship Canada

application is being processed?

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.

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

sponsorship applications?

Consider these processing times for both first stage and second stage approvals:

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.

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.

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.

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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