Navigating Spousal Sponsorship: Choosing Between Inland and Outland Applications in Canada
For those Citizens or Permanent Residents of Canada who wish to sponsor their spouse, common-law partner or conjugal partner that is a foreign national, they will oftentimes, have to decide which sponsorship for Permanent Residence (PR) application is best suited to their relationship and current situation. Specifically, which type of application – inland vs outland – should be advanced with the Immigration, Refugees and Citizenship Canada (IRCC)?
Notwithstanding the typical requirements assessed by IRCC for sponsorship eligibility and admissibility, several key factors will be taken into consideration for each application:
INLAND APPLICATIONS:
Applicants that are currently residing together with their sponsor within Canada, may consider this pathway which falls under the Spouse or Common-Law Partner in Canada Class (SCLPC). The SCLPC offers the distinct benefit of allowing eligible applicants the opportunity to apply for an Open Work Permit (OWP). The OWP application would, in most instances, be submitted in tandem with the PR application. Once IRCC has acknowledged receipt and approved the PR application in principle, the OWP would be issued to the applicant allowing them to obtain employment in Canada while their PR application is being processed.
Also, the current public policy governing inland applications does permit the processing of PR applications for those Applicants who do not present with legal immigration status – i.e. persons who overstayed a Visitor Record Visa or Study Permit.
There are certain drawbacks to the Inland application that must also be taken into account:
Conjugal partnerships are precluded from this category;
Applicants are precluded from appealing denied applications with the Immigration Appeal Division (IAD), although a request can be made to the Federal Court for Judicial Review;
Applicants will be expected to maintain their residence within Canada until a decision is rendered by IRCC to their PR application.
Applicants that leave the country during the PR application process and before a positive decision is issued by IRCC, may be denied re-entry to Canada. In this case, they would be required to resubmit an outland application and may even consider this application from the onset.
OUTLAND APPLICATIONS:
This pathway would best serve foreign nationals who are to be sponsored, are living abroad and not residing in Canada. Moreover, outland applications may still be considered by foreign national applicants who do reside in Canada, but their situation requires them to travel out of the country while the PR application is in progress with IRCC. As well, in contrast to the Inland application, applicants will be afforded the right to appeal a refusal to their application with the IAD, subject to time guidelines.
Most applicants and sponsoring spouses that opt for the outland application will generally face the reality that they will remain apart for extended periods while the PR application is processed by IRCC.
In terms of processing times, historically inland applications were processed more quickly than their outland counterpart, but with recent changes implemented by the IRCC, processing times for both pathways have now become consistently similar. Most applicants can expect their applications to be processed within 10-12 months.
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Author:
Alexander Chang
Paralegal & Immigration Consultant
achang@realtycarelaw.com