Inland vs. Outland Spousal Sponsorship in Canada: What You Need to Know
One of the more confusing aspects of Canadian immigration law is the distinction between what are commonly referred to as Inland (Inside-Canada) and Outland (Outside-Canada) spousal sponsorship applications.
A common myth is that if a couple is living together in Canada, they must apply through the Inland process. This is not true. In many cases, couples have a choice between the two options, and each comes with its own advantages and limitations.
What Is Inland Spousal Sponsorship?
The Inland Sponsorship process is designed for couples who are living together in Canada.
Key Requirements and Features:
The couple must be in a genuine, conjugal relationship that was not entered into primarily for immigration purposes.
Both spouses or partners must reside together in Canada.
The applicant must continue living in Canada with their partner for the entire processing period.
The application is submitted and processed in Canada.
The current processing time is approximately 24 months.
Important Considerations:
If the applicant leaves Canada and is denied re-entry, the sponsorship application may be refused.
There is no right of appeal to the Immigration Appeal Division if the application is refused. The only option is judicial review at Federal Court.
What Is Outland Spousal Sponsorship?
The Outland Sponsorship process is generally used when the sponsored spouse or partner is living outside of Canada, though it can also be used while the applicant is in Canada and need to travel frequently.
Key Requirements and Features:
The relationship must be genuine and not entered into for immigration purposes.
Couples do not need to live together in Canada.
The applicant may live in or outside Canada during processing.
The current processing time is approximately 15 months.
Travel Flexibility:
Applicants can generally travel in and out of Canada more freely during processing, provided they have the proper visa or are visa-exempt.
Status in Canada:
Applicants must maintain valid temporary resident status if they are in Canada.
Important Considerations:
If the applicant leaves Canada and is denied re-entry, this typically does not affect the application.
There is a right of appeal to the Immigration Appeal Division (with limited exceptions for serious inadmissibility issues).
Inland vs. Outland: Which Should You Choose?
Choosing between Inland and Outland sponsorship depends on several factors, including:
Whether you are currently living together in Canada
Your travel plans
Your tolerance for processing times
Whether appeal rights are important to you
Each application type serves a different purpose, and neither is universally “better” than the other.
Open Work Permit Benefits:
Applicants with valid temporary resident status (worker, student, or visitor) who reside in Canada with their spouse or partner may apply for an Open Work Permit (OWP) while their application is being processed. In many cases, work permits may be issued early in processing to help reduce financial strain. This applies to both inland and outland sponsorships. Applicants who have lost their temporary resident status may still be eligible if they are within the 90-day restoration period and apply to restore their status as a worker before submitting or alongside their OWP application.
Status in Canada:
If the applicant has valid temporary status and applies to extend it, they may benefit from maintainedstatus while remaining in Canada.
Applications may still be processed even if the applicant does not have valid status, though this can involve additional risks.
What If You Are Out of Status in Canada?
This is one of the most common and stressful situations for couples and one that is often misunderstood.
Under the Inland Sponsorship process, applications may be processed even if the applicant does not currently have valid temporary resident status in Canada. This is a key distinction between Inland and Outland applications.
This approach is supported through Immigration, Refugees and Citizenship Canada (IRCC) policy and the legislative framework:
Policy
CIC (now IRCC) is committed to family reunification and facilitating processing in cases of genuine spouses and common-law partners already living together in Canada. CIC is also committed to preventing the hardship resulting from the separation of spouses and common-law partners together in Canada, where possible.
This means that spouses or common-law partners in Canada, regardless of their immigration status, are now able to apply for permanent residence from within Canada in accordance with the same criteria as members of the Spouse or Common-law Partner in Canada class. This facilitative policy applies only to relationships in which undertakings of support have been submitted.
Undertakings are a requirement under this public policy largely because undertakings can be an indication of the applicant’s links with relatives in Canada, which is, in turn, a factor that adds to the degree of hardship involved in the separation of spouses and common-law partners. Undertakings are also a requirement in the Spouse or Common-law Partner in Canada class.
Lack of status
For the purposes of the current public policy only, persons with a “lack of status” refers to those in the following situations:
persons who have overstayed a visa, visitor record, work permit or study permit;
persons who have worked or studied without being authorized to do so under the Act;
persons who have entered Canada without the required visa or other document required under the regulations;
persons who have entered Canada without a valid passport or travel document (provided valid documents are acquired by the time CIC seeks to grant permanent residence).
However, there are important considerations:
Being out of status can increase risk and complexity in your application.
If you are encountered by enforcement authorities while out of status, there may be consequences, although there are situations where processing may be facilitated under policy.
You must remain in Canada during processing, and leaving Canada carries significant risk, including the possibility of not being allowed to return.
In contrast, the Outland process generally requires the applicant to maintain valid status in Canada if they are physically present in the country, and applications will not be processed without it.
Because of this, Inland sponsorship is often the more appropriate pathway for individuals in Canada without status but it must be approached carefully and strategically.
Final Thoughts
Understanding the difference between Inland and Outland spousal sponsorship is critical when planning your application. Despite common misconceptions, your physical location does not automatically determine which process you must use.
Carefully weighing the benefits and limitations of each pathway can help ensure a smoother and more strategic immigration process.
Most Common Questions About Spousal Sponsorship in Canada
Yes. If you and your spouse or partner are living together in Canada, you may apply through the Inland Sponsorship process. However, you are not required to choose this option. Many couples in Canada still opt for the Outland process depending on their circumstances.
In some cases, yes. Inland sponsorship applications may still be processed even if the applicant does not have valid temporary resident status in Canada. This is a key reason many out-of-status applicants consider the Inland process.
However, these applications can be more complex and should be handled carefully.
If you have valid temporary resident status (worker, student, or visitor) and reside in Canada with your spouse or partner, you may apply for an Open Work Permit (OWP) while your application is being processed.
Applicants within the 90-day restoration period may also be eligible if they apply to restore their status as a worker alongside their OWP application.
- Inland applications: approximately 24 months
- Outland applications: approximately 15 months, depending on the visa office
Processing times vary and should always be considered when choosing between Inland and Outland.
- Inland: Travel is riskier. Short trips are often possible, but if re-entry is denied, your application may be refused.
- Outland: You can generally travel more freely, and entry refusal does not usually affect the sponsorship application.
- Inland: Yes. You must live with your spouse in Canada throughout processing.
- Outland: No. You may live inside or outside Canada.
- Inland: No right of appeal; only judicial review through Federal Court.
- Outland: In most cases, you may appeal to the Immigration Appeal Division.
Yes. If your spouse is visa-exempt or obtains the appropriate visa, they may travel to and from Canada while the application is in process.
About the Author: Lauren Shannan is a Senior Immigration Consultant with 12 years of experience helping foreign nationals navigate their journey in Canada. With her extensive knowledge of immigration processes and policies, Lauren provides valuable insights to those looking to make Canada their new home.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For personalized advice, please consult with a licensed immigration professional.