Inland Spousal Sponsorship versus Overseas Spousal Sponsorship
Sponsoring Spouse to Canada
Inland Spousal Sponsorship versus Overseas Spousal Sponsorship: When sponsoring a spouse to Canada there are many things you should consider such as your eligibility, your relationship and whether you should submit inland or overseas application. This blog will focus more on the differences between inland and overseas sponsorship application and basic requirements you need to meet as the sponsor and applicant. So if you are interested in bringing your wife or husband to Canada then this blog is for you. Remember this is just the basics for more information read our other blogs on spousal sponsorship or contact Akrami & Associates for best options available for your unique situation.
Inland Spousal Sponsorship
Inland Spousal Sponsorship versus Overseas Spousal Sponsorship: If your potential husband or wife currently is in Canada as a visitor also known as Temporary Resident Visa (TRV) then you can either submit an inland or an overseas spousal application. Inland Spousal Sponsorship applications relatively take longer to process you can apply for Open Work Permit. The applicant can apply for Open Work Permit once the first stage of the application is approved. It basically allows the applicant to work in Canada without having to go through the Labour Market Impact Assessment (LMIA). Overseas Spousal Sponsorship applications are processed slightly faster due to know not having the option to apply for Open Work Permit and the backlog is less then an inland application. With Inland Sponsorship applications, your spouse is advised not to be travelling while the application is being processed inside of Canada. Should you decide to exit Canada for either business or family emergency you may potentially be Denied Entry into Canada by the immigration officer at the border.
Consequences of leaving Canada when Sponsorship Application is getting processed
The officer will ask questions why you left the country when an inland application is in processing and if you do not have sufficient reasons the officer has the right to deny you entry. Sometimes you may have a valid reasons but it does not mean you are guaranteed re-entry you can still be denied entry as the officer makes the final decision. If you get denied entry to Canada you have no choice but to restart your application and file an Overseas Sponsorship Application. So do not exit as this can cause delays in your application being processed.
Inland Spousal Sponsorship versus Overseas Spousal Sponsorship: Sponsorship Interview
If you as the sponsor and applicant meet the requirements then you will be called for an interview by an immigration officer to clear out any questions the officer may have concerns about. If the immigration officer is satisfied with your application you may not even go through an interview and get your PR approved.
Usually, spousal applications take approximately 16-26 months processing depending on your country of citizenship.
Overseas Spousal Sponsorship
Inland Spousal Sponsorship versus Overseas Spousal Sponsorship: If you applied for Temporary Resident Visa (TRV) and your application was refused to be with your spouse you can still apply for Overseas Spousal Sponsorship application if you were unable to enter to Canada on temporary basis to submit an Inland Spousal Sponsorship application. To submit an Overseas Spousal Sponsorship application you can submit it from the country you are currently residing in or from your home country. The good part for submitting an overseas sponsorship application is that you can appeal the decision if it gets refused while with Inland Spousal Sponsorship application you do not that get that option. With inland spousal sponsorship applications you have to exit once your application is refused. The downside with overseas spousal applications is that if the immigration officer is not convinced with the genuineness of the relationship then you may be called for interview. This means you have to travel back to your home country or consulate nearest your home country (CIC provides address of where the interview will be). With inland applications you do interview inside of Canada.
Eligibility Requirements for the Sponsor
Inland Spousal Sponsorship versus Overseas Spousal Sponsorship: Something to make sure you are doing before you submit you application is make sure that you are eligible to be a sponsor, the list
below is an example of the criteria that is assessed to be a sponsor:
- You must be a Canadian citizen
- Be 18 years of age or older
- Be a sponsoring a member of the Family Class
- Prove that you live in Canada as a citizen, if you’re not currently in Canada, then you must provide proof that you will live in Canada if the sponsored is welcomed to Canada
- You must sign an agreement with your spouse saying you agree and understand your responsibilities
- You need to sign an undertaking to promise that you will be able to provide their basic needs, and if they have children their needs as well
- Prove that you have enough income to support your spouse, common-law partner or their children
You Cannot Sponsor if you
- signed an undertaking for another spouse or common- law partner and three years have not passed since the sponsored person became a permanent resident
- getting financial support from the government other than disability
- owe an immigration loan, in debt, not met previous undertaking, claimed bankruptcy
- have sexual or criminal offence, threating to hurt someone (depends on nature of offence and when it occurred)
- were sponsored previously and become permanent resident less than five years ago
- are on removal order
- in prison
- have applied to sponsor another person but decision on the application has not yet been made
Eligibility Requirements for the Applicant (person getting sponsored)
Inland Spousal Sponsorship versus Overseas Spousal Sponsorship: If you are the person who is being sponsored to Canada, you must meet these requirements:
- Meet the age requirements
- Undergo a medical examination before submitting the application
- Sign and complete all of the required forms for spousal sponsorship
- Pass security and criminal verifications (cannot have a criminal conviction unless pardoned)
- You must get a passport and depending on where you currently live, you might have to get exit visa
- And if required you will need to attend the interview at a Canadian visa office
Contact Akrami & Associates
This was just the basic information when submitting an overseas or inland spousal sponsorship application. There is a lot of more information it entails to submit a sponsorship application successfully. Akrami & Associates has submitted many successful sponsorship applications and we can help you too. Contact us at 416-477-2545 to clarify any questions you may when sponsoring a wife, husband, common-law or conjugal partner to Canada.
With Akrami & Associates there is always a way!!