HOW TO CHOOSE INLAND OR OUTLAND SPONSORSHIP

Immigration law

18 Mar

Canadians looking to dive into the sponsorship world will have to pick their option: inland sponsorship or outland sponsorship. Each comes with its own perks, so it’s basically a choose-your-own adventure, just with fewer dragons and more paperwork.

Let’s break down the differences between these sponsorship options and when each might be the best fit. As a Canadian citizen or permanent resident, you can sponsor your spouse, common-law partner, or conjugal partner for permanent residence (PR), as long as both you and your loved ones check off the necessary boxes. It is all about making sure everyone meets the right criteria for a successful sponsorship journey.

Inland and outland sponsorship are common terms used to describe different types of sponsorship for spouses, common-law, and conjugal partners. The key differences between these two options include

?      where the sponsorship application can be submitted

?      whether the sponsoring and sponsored individuals can travel in and out of Canada during the application process

?      whether there is an option to appeal the decision if the sponsorship application is denied.

Inland sponsorship is when you apply under the "Spouse or common-law partner in Canada" category, while outland sponsorship falls under the "Family class" category. When applying, Specification is needed which category you are using on the document checklist when submitting with the application.

Inland sponsorship is for couples who are already living in Canada, and their application is processed by an office within Canada. Outland sponsorship, on the other hand, is for couples who are living outside Canada, and their application is usually processed by a visa office in the sponsored person's home country or the nearest one.

However, couples living in Canada can still apply for outland sponsorship. While "inland" and "outland" are commonly used terms, they are not the official names for these types of sponsorships, so couples going through the process will not see these terms on any official Immigration, Refugees and Citizenship Canada (IRCC) documents.

Now, the real fun begins - deciding whether to go with Inland or Outland sponsorship. It’s like choosing between pizza and pasta-you know both are great, but which one will get you the PR? The struggle is real.

If couples qualify for inland or outland sponsorship, it is time to weigh the pros and cons – like deciding whether to move in together or just keep dating long distance. Here is what you need to know about the differences and similarities between the two:

	INLAND SPONSORSHIP	OUTLAND SPONSORSHIP
APPLICATION CLASS	SPOUSE OR COMMON-LAW PARTNER IN CANADA CLASS	FAMILY CLASS
Location of Sponsor and Sponsored Person	both the sponsor and the sponsored person must be living in Canada at the time of application.	The sponsor lives in Canada, and the sponsored person lives abroad. Only Canadian citizens can sponsor from abroad.
Residency Requirement While Application is Being Processed	Both individuals must remain in Canada during the application process.	Both must show intent to return to Canada after processing. If the sponsor is a permanent resident, they must stay in Canada.
Eligibility of the Sponsored Person for an Open Work Permit (OWP)	The sponsored person may qualify for an open work permit if residing in Canada.	The sponsored person may qualify for an open work permit if in Canada.
If the Application is Denied	Cannot be appealed	Can be appealed
Movement freedom during application processing.	Not applicable; both parties must stay in Canada.	The sponsored person can enter/exit Canada freely. The sponsor, if a citizen, may leave but must prove intent to return after PR.
Eligibility to apply from Canada.	Eligible to apply if the sponsored person has valid temporary resident status in Canada.	Eligible to apply if the sponsored person has valid temporary resident status in Canada.

 

Not all types of relationships can apply for every kind of sponsorship. If you are in a conjugal relationship, in outland sponsorship cases, the sponsor must show that they will return to Canada if their partner gets PR.

(A "conjugal" relationship refers to a relationship where two people have been in a committed, long-term partnership but may not have lived together for reasons such as distance, immigration issues, or other personal circumstances. It is often used to describe couples who are in a romantic relationship but cannot meet the legal or cohabitation requirements of common-law partnerships) you will need to apply under the Family class (outland sponsorship).

Also, here is a fun twist: only Canadian citizens get the special privilege of sponsoring their loved ones from abroad. Permanent residents, on the other hand, can only sponsor their partners if they are already inside Canada. So, if you are  a permanent resident, looks like you will need to keep things local for now.

RRM Law can help by providing expert legal advice and guidance throughout the immigration process. Whether you are navigating the complexities of sponsorship, work permits, or residency applications, the team can ensure you understand your options, help with paperwork, and advocate on your behalf to improve your chances of success.

To receive assistance with all legal matters, please schedule an appointment and contact RRM Law.