US to Canada: Your Complete Guide to Spousal Sponsorship and Marriage Timing
Thinking about moving from the United States to Canada through spousal sponsorship? This complete guide walks you through everything you need to know from marriage location and sponsorship types to travel flexibility and work options during the process.
Where Should You Get Married—Canada or the US?
There’s no legal requirement to marry in either country, but getting married in Canada can simplify some logistics, especially if you’re planning to apply for inland spousal sponsorship. Marriage registration is straightforward in most provinces, and you can apply without needing to cross the border again.
That said, many couples successfully marry in the United States and then begin the sponsorship process. Regardless of location, your marriage must be legally recognized in both Canada and the US. Make sure to obtain your official marriage certificate from the appropriate authority, as it’s required for your sponsorship application.
Inland vs. Outland Spousal Sponsorship: Which Option Is Right for You?
Inland Spousal Sponsorship (Within Canada)
Inland sponsorship allows you to apply for permanent residence while staying in Canada with your spouse. You may also apply for an open work permit, allowing you to work while your application is processed.
Pros:
Stay in Canada with your spouse during processing.
Eligible for an open work permit.
Start adjusting to Canadian life immediately.
Cons:
Leaving Canada could delay or interrupt your application.
If your application is refused, your legal status may be at risk.
Outland Spousal Sponsorship (Outside Canada)
Outland sponsorship is best if you plan to live outside Canada (e.g., in the US) during processing or require frequent travel.
Pros:
More travel flexibility during processing.
Potentially faster processing times (varies by case).
Eligible for an open work permit if residing in Canada with valid status
Cons:
The sponsored spouse cannot remain in Canada long-term unless they hold valid temporary status (e.g., visitor visa, study/work permit).
If you're not granted temporary status or cannot travel freely, you may be physically separated from your spouse for several months (or longer) during processing.
Other Key Considerations
Remote Work: If you're working remotely for a US company while in Canada, be mindful of Canadian immigration and tax rules. Inland applicants may apply for an open work permit to regularize their employment.
Processing Times: Inland sponsorship can take longer, but offers cohabitation. Outland applications may process faster but are better suited to couples living separately during the wait.
Should You Get Married Before or After Entering Canada?
If you're entering Canada as a visitor, marrying before arrival can streamline your inland sponsorship application. You'll have your documentation ready to go as soon as you land.
However, getting married after arrival is also acceptable and gives you time to settle in and plan your wedding in Canada. Either option works as long as your marriage is valid and properly documented.
Can You Leave Canada During the Sponsorship Process?
Inland Sponsorship:
Yes, you can travel while your inland sponsorship application is in process, but it’s important to understand the potential risks and guidelines.
No restriction on leaving Canada:
There is no rule that explicitly prevents applicants from leaving Canada while their inland sponsorship application is being processed.Risk of application refusal:
Extended or frequent absences may raise concerns about your genuine intention to reside in Canada as a permanent resident. This could lead to application refusal.Return to Canada:
To maintain your inland application, it is recommended that you return to Canada within a reasonable timeframe after any travel.Re-entry issues:
If you are not a Canadian citizen or permanent resident, re-entry into Canada is not guaranteed. Admission is at the discretion of the border officer, and you could be refused entry.Recommendations:
Limit international travel to short, essential trips.
Avoid travel before receiving your open work permit or Confirmation of Permanent Residence (e-COPR), if possible.
Keep records of your travel dates and reasons to demonstrate your intent to return to and reside in Canada.
Consult with an immigration consultant or lawyer if you are unsure or have a complex situation.
Outland Sponsorship:
You can travel freely between the US and Canada while your outland sponsorship application is being processed. This option is ideal if you have personal or professional commitments outside of Canada during processing.
More travel flexibility:
There is no requirement to remain in Canada. You may continue living abroad and travel as needed.Entry requirements still apply:
If you choose to visit Canada during the process, ensure you have valid temporary status (e.g., a visitor visa or eTA). Your entry to Canada is still subject to border officer discretion.
Outland sponsorship is generally better suited for applicants who plan to live outside Canada or require regular travel during the processing period.
Final Thoughts
Choosing between inland and outland spousal sponsorship depends on your travel needs, lifestyle, and timeline. If staying together in Canada is your top priority, inland sponsorship may be ideal. If you need flexibility to travel or continue living in the US while waiting, outland sponsorship offers more freedom.
Ready to start your journey from the US to Canada through spousal sponsorship? Make sure your marriage is legally recognized, understand your options clearly, and choose the sponsorship route that fits your relationship best.
For more help with Canada spousal sponsorship applications, don’t hesitate to reach out!
Frequently Asked Questions (FAQs)
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Yes, if you're a Canadian citizen or permanent resident, you can sponsor your American spouse or common-law partner for permanent residence in Canada.
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Inland sponsorship is for couples living together in Canada during processing. Outland is for when the spouse lives outside Canada. Inland allows for an open work permit; outland offers more travel flexibility.
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No. You can also sponsor a common-law partner if you've lived together in a conjugal relationship for at least 12 consecutive months.
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Yes. You can apply for inland sponsorship if your spouse is already in Canada on a visitor visa, and they may be eligible for an open work permit.
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Yes. As long as the marriage is legally recognized in both the US and Canada, you can submit your application regardless of where the marriage took place.
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Both inland and outland applicant’s can apply for a work permit if they reside in Canada during the processing.
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Yes, but your spouse will need valid temporary status (like a visitor visa).
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Spousal sponsorship processing times vary. As of now, outland applications generally take 10 months, while inland applications can take 29 months.
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There's no minimum income requirement to sponsor a spouse or common-law partner, but you must prove you’re not receiving social assistance (except disability).
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If you're the sponsored person and leave Canada, re-entry isn't guaranteed. If re-entry is refused you will no longer meet the requirements of the inland category where you must live in Canada with your Canadian spouse or partner. Inland applicants are advised to limit travel for this reason.
About the Author: Lauren Shannan is a Senior Immigration Consultant with 10 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.