An Overseas Sponsorship application takes places outside of Canada at the appropriate visa office abroad. This also means that the applicant, your spouse or common law partner, is typically waiting outside of Canada until a decision is made.
If you want to sponsor your spouse or common-law partner inside Canada which means your spouse or common law partner is living with you in Canada, this is known as an inland spousal sponsorship. Both types ultimately lead to Permanent Residence status in Canada.
As you know, inland sponsorship means that you are sponsoring inside Canada. There are pros and cons to sponsoring from inside or outside of Canada depending on your perspective.
Advantages of Inland Sponsorship:
- Your spouse or common-law partner can stay in Canada while his or her application is in process and wait for a final decision from Citizenship and immigration Canada (CIC). If your spouse or common-law partner’s visa expires and he or she has formal status, they can still remain in Canada on what is called implied status.
- Your spouse or common-law partner may be eligible for an Open Work Permit, which means they can work in Canada while they waiting for a decision on their matter.
Disadvantages of Inland Sponsorship:
- Processing times are almost double that of overseas sponsorship in some cases.
- Your spouse or common-law partner has to stay in Canada during the application process. If he or she leaves Canada, then Citizenship and Immigration of Canada may be close his or her application and consider it abandoned.
- If the application is unsuccessful, there is no right of appeal and the applicant must exit Canada.
Overseas Spousal Sponsorship:
Overseas spousal sponsorship means that you are sponsoring your spouse or common-law partner who is living outside of Canada.
Advantages Spousal Sponsorship:
- Processing times are reduced and are faster than inland sponsorship in most cases.
- The applicant, your spouse or partner, can enter and exit Canada at will throughout the process provided that they have the proper status to do so.
- If the application is refused, you may appeal the decision.
- The applicant cannot remain in Canada indefinitely without the proper status, no implied status is available in this situation.
- Typically the applicant must remain outside of Canada until a decision is made.
- This process does not allow for an Open Work Permit.
Consult with us and we will advise as to which option is beneficial for you according to your unique circumstances.
If you have any question regarding inland versus overseas applications, please give us a call. We are always happy to help!