Back to basics: Inland vs Outland Spousal and Common-law Sponsorships
JUMP TO SECTION: Inland Sponsorships | Outland Sponsorships | Summary
Family sponsorship is one of the most popular approaches to becoming a permanent resident in Canada if your loved one is a Canadian citizen or permanent resident. Canada is internationally recognized as one of the most stable and secure countries in the world, making it a well-liked choice for individuals and families.
Under the family sponsorship programs, a Canadian citizen or a permanent resident of Canada (18+) can sponsor certain family members to become Canadian permanent residents, and with that, their sponsored family member can live, study and work in Canada.
An important note to always keep in mind if you are planning on sponsoring someone is that you will be assuming financial responsibility for them when they arrive in Canada; the term for this you might have seen used by the immigration Canada is “undertaking.” The length of this depends on the age of the person you are sponsoring, their relationship to you, and where you live (I.e., Quebec’s rules are slightly different), but typically, it is three years. You should carefully consider this before sponsoring someone as you will continue to be financially responsible for them even if your relationship changes, they become a Canadian citizen, or your financial situation worsens.
There are two types of applications used to sponsor spouses or common-law partners, those being Inland Sponsorship and Outland Sponsorship. Initially, just by reading it, you already know one big difference - Inland is applied from within Canada by a couple that resides together, and the Outland is processed by the outside visa office and typically, but not always, submitted from applicants residing outside of Canada. Let’s dig a little deeper and look at everything else that differentiates the two.
We can start by looking at what requirements you would need to meet as a Canadian citizen or permanent resident to be able to sponsor your spouse or common-law partner:
Must be 18 years old
Must be able to prove that you don’t receive social assistance for reasons other than a disability
Should earn enough to provide for the basic needs of the principal applicant and any dependents
The relationship between the sponsor must either fall under “spouse” or “common-law.”
Quick Tip to keep in mind for Canadian citizens living abroad - you must also show that you plan to live in Canada once your spouse or partner becomes a permanent resident. Permanent residents must reside in Canada in order to sponsor their loved ones.
The current pandemic is affecting standard processing times, but prior to the pandemic, processing times for the approval of Inland and Outland Spousal Sponsorships were approximately 12 months. If you’ve already submitted your application, it’s not uncommon to experience some delays in government correspondence and decisions at this time.
Inland Sponsorship
Let’s dive a little deeper into Inland Sponsorship. Couples already living in Canada can choose from Inland or Outland Sponsorship.
If you choose to submit an Inland Sponsorship, applicants must reside in Canada with their Canadian spouse or common-law partner. This does not mean you can’t travel; however, it’s important to keep in mind that the applicant must reside in Canada. If an applicant is unable to return to Canada following a vacation, there is a heightened risk of refusal on the application as they will not meet the requirement to reside in Canada with their spouse or common-law partner.
One of the greatest benefits of applying for the Inland Spousal Sponsorship is the option to apply for a two-year open work permit. Open work permits are work permits that are not tied to a specific job or location in Canada; contrary to other work permits, open work permits do not require an LMIA or proof of an offer of employment. As an applicant, you should submit the application for an Open Work permit at the same time you submit your application for permanent residence. You can also apply for the open work permit after you have submitted your Permanent residence application if you did not include it with your initial application. Make sure to check out the sponsorship guide available on the IRCC website for more details!
So, what happens if your application is refused – Inland Sponsorships don’t come with the right to appeal, but you do have the option to submit a judicial review. A big difference is that new evidence cannot be considered during a judicial review process, unlike cases before the Immigration Appeal Division that are De Novo. This means the appellant can introduce evidence that was not before the immigration officer who refused the case, and a new assessment of the sponsorship application can be made.
Many people ask the question of whether they can apply again. In most cases, applicants can submit a new application; however, this must be substantially different from your first application. The alternative is to look at other immigration categories, such as express entry. This could be an easier and quicker way to bring your spouse or partner to Canada if they are eligible.
A refusal can be a big hurdle to overcome, but it can be done. Garnering the help of an experienced Immigration Consultant can help ensure you are preparing and submitting the strongest possible application that meets the requirements of the law. We’ve helped 100s of families reunite in Canada and we can help you too!
Outland Sponsorship
The other option for spousal and common-law sponsorship is an Outland sponsorship which allows foreign nationals living abroad to be sponsored by their Canadian spouse or partner for permanent resident status in Canada. A big difference between the two is that the Outland sponsorship does not require that the couple be living together in Canada to be eligible. If your loved one is not living in Canada at the time of the application, Outland sponsorship is likely the only option for you! You may also still choose the Outland sponsorship process even if you and your partner are living in Canada together, but your work or personal situation requires you to leave the country consistently for long periods of time.
One of the downsides to the Outland Sponsorship option is that most couples are separated until a decision is made (this is around one year) unless the applicant has received a temporary status document to enter Canada. You also cannot apply for an open work permit with this application. However, with the new instructions on dual intent, applicants with a submitted Outland spousal sponsorship can apply for a temporary resident visa, if required, for their loved ones to enter Canada temporarily while their sponsorship application processes.
If you are choosing the Outland sponsorship option because you are living outside of Canada, proving your intention to live in Canada once your partner becomes a permanent resident is extremely important. Permanent residents of Canada must reside in Canada in order to sponsor their spouse or common-law partners; only Canadian citizens can apply to sponsor their partner while they are residing outside of the country. Some examples of ways to prove your return could be showing evidence that foreign assets are being transferred to a Canadian account, letters from relatives living in Canada stating your intention to reside in Canada, plans for gaining employment, signed lease agreements or home purchase, actions towards getting education credentials assessed so that you are able to find a job in Canada easier.
Just like any other application, a refusal is always a possibility, but unlike the Inland Spousal sponsorship, the Outland program comes with the right of appeal to the Immigration Appeal Division (IAD) if it is rejected. Appeals must be filed within 30 days of receiving the refusal letter; otherwise, the decision will stand. One of the main reasons a sponsorship application is refused is for the genuineness of a relationship.
Every immigration application is unique, and every couple’s situation varies. Whether you choose it or it’s recommended to you, Inland or Outland sponsorship will depend on many factors. Book your immigration consultation with NextGen to find out what the best pathway for you and your family is.
So, let’s sum up the differences and help narrow down the best option for you:
Inland Sponsorship:
Your partner or spouse may be eligible for an Open Work Permit
You and your spouse must reside together in Canada
Your application will be processed within Canada
If your application is refused, you will not have the right to appeal the decision (but you may be able to request a judicial review, remember; no new evidence is allowed in a judicial review)
Outland Sponsorship:
Your partner, conjugal partner, or spouse lives abroad;
You and your Canadian spouse or partner are living abroad but plan to return to live in Canada
Your application will be sent to an overseas visa office for processing
If your application is refused, you have the right to appeal the decision at the Immigration Appeal Division (IAD).
How NextGen can assist you
Now that you have more insight into the differences between Inland and Outland sponsorship, you may feel ready to tackle the application and process by yourself. We wish you the best in your immigration journey! Remember to stay on top of program changes, deadlines, and form updates!
If you still have questions or simply have no idea where to start with your immigration application an immigration consultation will give you the answers you need to make informed decisions about your next steps. We are here to help so that you can submit the strongest possible application to the Canadian government.
To assist with your sponsorship application, NextGen will:
Discuss and walk you through the application process and answer any questions you may have
Help collect all of your documents and complete your application forms
Prepare a legal submission letter that is tailored to your circumstances and helps the officer understand how the application meets the requirements of the program you have applied to and why it should be approved
Submit your application to IRCC
Correspond with IRCC on your behalf
Keep you informed throughout the processing of your application with notifications and requests from IRCC
Provide ongoing legal support and advice throughout the entire application process
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