In or Out Canadian Sponsorship

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In-Canada VS Out-of Canada SponsorshipBy Russ
WeningerCalgary Immigration Lawyer
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6 things to consider when choosing between
in-Canada and out-of-Canada spousal sponsorship

• Couples wishing to apply for spousal are often
  faced with dilemma. Should they use in-Canada
  method or the out-of-Canada method? Answering
  this question is not always as easy, as a number
  of factors must be considered.

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1. Can the foreign spouse or partner enter Canada?

• This is the first thing to consider. 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?

• 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. 

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3. What are the different processing times for
in-Canada sponsorship applications?

• First stage- CIC is considering the application
  of the sponsor. Second stage- When the sponsor is
  approved in principle, then CIC considers the
  application of the person being sponsored (the
  foreign spouse)
• 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.

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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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Contact Russ Weninger for Immigration
Queries 403-265-4496 russ_at_russweninger.com For
more information visit him _at_ calgaryimmigrationlaw
yer.com