6 things to Consider When Choosing Between in-Canada and out-of-Canada Spousal Sponsorship

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In-Canada vs Out-of-Canada Sponsorship
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6 things to consider when choosing between
in-Canada and out-of-Canada spousal sponsorship
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1. Can the foreign spouse or partner enter Canada?
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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.
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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?
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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.
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3. What are the different processing times for
in-Canada vs. out-of-Canada sponsorship
applications?
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Consider these processing times for both first
stage and second stage approvalsFirst 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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4. Does the foreign spouse need to be able to
work (in Canada) within a short period of time?
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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?
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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?
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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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