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Inland Spousal/Common-Law Partner Sponsorship

There are two categories under spousal sponsorship- inland and outland. For both the types, the Canadian sponsor and the sponsored spouse both need to follow the specific eligibility requirements.

This category of family class spousal sponsorship allows the Canadian citizen or Permanent resident to sponsor the spouse/common-law partner (sponsored person) for a permanent residence. Provided the couple is living in Canada at the same residence.

INLAND SPONSORSHIP

The sponsored person, living with the Canadian in this inland sponsorship category, must have a valid and legal status as a worker or student or a visitor in Canada. As long as the permit is valid, the spouse can continue his/her study/work. However, it must be noted that a study or work permit is required to either work or study; and if found absent, the consequences may be severe for the sponsored person.

Whereas, in an outland kind of application, the spouse may apply for an open work permit along with the submission of his/her application for the Canadian permanent residence. IRCC has given the option of submitting the form of an open work permit late after the submission of the application for PR.

The sponsor and the sponsored person must obtain the approval from IRCC in order to get a visa. The application is processed within 12 months through this stream. IRCC, to authorize the claims, may conduct an interview of the sponsored person. The notification and details of the same is sent to the candidate in writing.

The application under the spousal sponsorship is processed in two parts-

The Canadian or permanent resident has to apply under this category to sponsor the spouse/common-law partner.
The spouse submits an application for permanent residence.

If the application for the PR is refused, the spouse is required to leave the country at the end of his/her valid stay period.

If the sponsored person is leaving Canada, when the application for PR is being processed, his/her re-entry cannot be guaranteed, especially if a visitors’ visa is needed.

Irrespective of the Inland or Outbound sponsorship selected, both the sponsor and the sponsored person must meet a number of specific requirements to be considered eligible.