The difference between Inside and Outside Canada Spousal Sponsorship!
Did you know that there are two legally distinct types of Spousal Sponsorship applications in Canada? Under the Canadian Immigration and Refugee Protection Act, the type of application that you choose determines whether your spouse is eligible for an open spousal work permit and whether you have a right of appeal if Immigration refuses your application.
Where does the Canadian sponsor reside?
A sponsor must be a Canadian citizen or Permanent Resident, must be over age 18, and must be living in Canada. If the sponsoring spouse is a Canadian citizen and is not living in Canada, the sponsoring spouse must have a solid plan to live in Canada at the time that the person they are sponsoring will become a permanent resident in Canada.
If the Canadian citizen sponsor is not living in Canada at the time that they submit the sponsorship application, the type of application must be a Family Class sponsorship. It is also advisable to consult with an immigration lawyer to understand the type of evidence that can show a concrete plan to live in Canada. Right now, because of the COVID-19 Travel Restrictions, trying to enter Canada with a foreign national spouse is currently more difficult.
Understanding the benefits and drawbacks of two different types of Spousal Sponsorships to Canada
The comparison between Inside and Outside Canada Spousal Sponsorship
How do you choose the type of Spousal Sponsorship application?
Note that there are different application packages depending on who you are sponsoring and in which country your family member resides. Make sure to select the type of family member when you get your application package from Immigration Refugees and Citizenship Canada (“IRCC”) here:
It used to be that applicants would submit slightly different forms to IRCC. In recent years, ever since February 14, 2018, IRCC has streamlined the Spousal Sponsorship application package. Now, you indicate your choice of whether you want to apply under the Spouse or Common-Law Partner Class (“SCLP”) or the Family Class by checking off what seems to be a simple checkbox on the document checklist. If you are sponsoring your spouse to Canada, you will find the selection of the type of application on the top of page 2 of the document checklist IMM 5533.
Who cannot sponsor or be sponsored?
Remember, there are a number of bars to eligibility to sponsor that you should check here:
If any of the sponsorship bars seem to apply, make sure to consult with an immigration lawyer before you try to submit a sponsorship application.
There are also reasons why the applicant might be inadmissible to Canada, including for criminality if they were ever charged or convicted of an offense in any country, for certain medical reasons, for misrepresentation, or because of an inadmissible family member. Make sure to discuss possible grounds of inadmissibility to Canada with your Canadian Immigration Lawyer prior to sending your Spousal Sponsorship Application to IRCC.
Why does your choice matter?
If you do not qualify for the SCLP or the Family Class, it will take months, probably upwards of 5 months, for IRCC to open your application and return it to you. If you submit an application under one category, IRCC’s policy is that they will not allow you to switch categories. You will have to start over at the beginning and file a new application under the proper category. Choosing correctly between the SCLP or the Family Class is important.
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About the author:
Alicia Backman-Beharry
Canadian Immigration Lawyer