Inland vs. Outland Spousal Sponsorship in Canada

Reuniting with your loved one in Canada is an exciting prospect, and the Canadian government offers two pathways to make this dream a reality: Inland Spousal Sponsorship and Outland Spousal Sponsorship. This article will provide an in-depth comparison of these two options to help you make an informed decision. For a general understanding of spousal sponsorship in Canada, visit our Spousal Sponsorship Canada page.

Eligibility Criteria

Both Inland and Outland Spousal Sponsorship have specific eligibility criteria for the sponsor and the person being sponsored.

Sponsor Requirements

1. Must be a Canadian citizen or permanent resident

2. Must be at least 18 years old

3. Must not be receiving social assistance for reasons other than disability

4. Must be able to provide for the basic needs of the person being sponsored

Sponsored Spouse or Common-Law Partner Requirements

1. Must be at least 18 years old

2. Must be the spouse or common-law partner of the sponsor

3. Must pass medical, criminal, and security checks

Visit our Common-Law Partner Sponsorship and Conjugal Partner Sponsorship Canada pages for more information on eligibility.

Key Differences

For Inland Spousal Sponsorship, the sponsored person must have legal status in Canada and reside with their sponsor during the application process.

For Outland Spousal Sponsorship, the sponsored person can reside either inside or outside Canada during the application process. However, they must be outside Canada at the time of application submission.

Application Process

The application process for Inland and Outland Spousal Sponsorship involves several steps:

1. Gather necessary documents, including proof of relationship and financial support

2. Complete application forms

3. Pay applicable fees

4. Submit the application package to the appropriate processing center

Key Differences

Inland applications have a longer processing time, typically taking 12 months or more.

Outland applications usually have a shorter processing time, often within 6 to 12 months. However, the time may vary depending on the country from which the sponsored person is applying.

Pros and Cons

Inland Spousal Sponsorship

Advantages:

1. The couple can live together in Canada during the application process.

2. The sponsored person may be eligible for an open work permit.

Disadvantages:

1. Longer processing times

2. The sponsored person cannot leave Canada during the application process without risking the refusal of their application.

Outland Spousal Sponsorship

Advantages:

1. Shorter processing times

2. The sponsored person can travel to and from Canada during the application process.

Disadvantages:

1. The couple may need to live apart during the application process.

2. No open work permit option for the sponsored person.

Open Work Permit

An open work permit allows the holder to work for any employer in Canada without a job offer.

Inland applicants may be eligible for an open work permit during the application process. This enables the sponsored person to work in Canada while waiting for their permanent residency approval.

Outland applicants are generally not eligible for an open work permit while their application is being processed. This means the sponsored person may not have the opportunity to work in Canada until their permanent residency is approved.

Appeal Process

In case a spousal sponsorship application is refused, both Inland and Outland applicants have the right to appeal the decision.

Inland applicants can appeal to the Immigration Appeal Division (IAD) within 30 days of receiving the refusal notice.

Outland applicants can also appeal to the IAD within 60 days of receiving the refusal notice.

It's crucial to note that the appeal process can be time-consuming and may not guarantee a favorable outcome. Therefore, it's essential to ensure that your initial application is as accurate and complete as possible.

Travel Restrictions

Travel restrictions during the application process differ between Inland and Outland applicants.

Inland applicants are generally advised not to leave Canada while their application is being processed. Leaving the country may result in the application being refused or abandoned. However, they may apply for a temporary resident visa or an Electronic Travel Authorization (eTA) to travel outside Canada and re-enter, though there is still a risk involved.

Outland applicants have more flexibility in terms of travel during the application process. They can enter and leave Canada as long as they have a valid visitor visa or an eTA, depending on their country of citizenship.

Case Studies

Inland Spousal Sponsorship Success Story

John, a Canadian citizen, and Jane, a foreign national, got married in Canada while Jane was on a temporary work permit. They decided to apply for Inland Spousal Sponsorship, allowing them to live together in Canada during the application process. Jane also applied for an open work permit, which allowed her to continue working in Canada. After 14 months, Jane's permanent residency application was approved, and they continue to live happily together in Canada.

Outland Spousal Sponsorship Success Story

Mike, a Canadian citizen, and Sarah, a foreign national, got married in Sarah's home country. They decided to apply for Outland Spousal Sponsorship. Sarah remained in her home country during the application process, and Mike returned to Canada. After eight months, Sarah's permanent residency application was approved, and she moved to Canada to start her new life with Mike.

Deciding between Inland and Outland Spousal Sponsorship depends on your individual circumstances and priorities. Inland Spousal Sponsorship allows couples to live together in Canada during the application process, with the possibility of an open work permit for the sponsored person. However, it often comes with longer processing times and travel restrictions.

On the other hand, Outland Spousal Sponsorship generally has shorter processing times and fewer travel restrictions but may require the couple to live apart during the application process. Additionally, the sponsored person is not eligible for an open work permit.

To determine the best option for your situation, consider using our Sponsorship Eligibility Tool or consult with an experienced immigration consultant.