Is it better to submit an inland or outland spousal sponsorship application? With over 30 years of experience as a Canadian immigration consultant, I frequently receive inquiries about the differences between these two types of applications.
【What is an Inland Spousal Sponsorship Application?】
Inland sponsorship is primarily designed for Canadian citizens or permanent residents who wish to sponsor their spouse or common-law partner already residing with them in Canada. To be eligible for inland sponsorship, the sponsored person must hold valid temporary status in Canada, which may include:
For humanitarian and compassionate reasons, the Canadian government allows the sponsored person to remain in Canada while their application is being processed. This provision aims to prevent separation between the sponsor and the sponsored person during this period. As long as both parties can provide sufficient documentation proving their relationship, they are eligible to submit an inland sponsorship application. This includes married couples, same-sex partners (as Canada recognizes same-sex marriages), and common-law partners.
【How Can Common-Law Partners Prove Their Relationship?】
Common-law partners generally need to provide more extensive documentation than married couples to demonstrate the nature and duration of their relationship. This may include:
For financially independent partners, it is essential to show that some living expenses are shared. In a future article, I will detail the documentation required to prove the genuineness and duration of a common-law relationship.
Another advantage of inland sponsorship applications is that the sponsored person can apply for an Open Work Permit (Spouse Open Work Permit) alongside their permanent residence application. This allows them to work in Canada while awaiting the processing of their sponsorship application.
【Why Do I Generally Recommend Hong Kong Citizens Apply for Outland Sponsorship?】
For those choosing to submit an inland sponsorship application, the sponsored person must remain in Canada until Immigration, Refugees and Citizenship Canada (IRCC) approves their application. If they leave Canada after submitting their application, they may face difficulties re-entering, potentially interrupting or cancelling their application. Since IRCC aims to prevent separation during the application process, they discourage leaving Canada while an inland application is being processed. If the application is cancelled, the sponsored person will need to reapply, wasting any time spent waiting.
Therefore, I generally recommend that our clients opt for an outland sponsorship application. This option allows both the sponsor and the sponsored person to travel freely and continue living and working in their home country during the application process until approval. If the sponsor holds a Canadian passport, they can enter and exit Canada without restrictions. Conversely, if the sponsored person is from Hong Kong, they can use their Hong Kong SAR passport to apply for an Electronic Travel Authorization (eTA) as a visitor to Canada. If they hold a Chinese passport, they can apply for a visitor visa.
While an eTA or visitor visa typically permits stays in Canada for up to six months at a time, extensions are relatively easy to obtain. For those needing to leave Canada during the application process due to personal circumstances, outland sponsorship may be a more suitable option.
In general, the proof of relationship requirements for outland sponsorship are similar to those for inland sponsorship.
【Advantages of Outland Sponsorship Applications】
If an outland spousal sponsorship application is refused, IRCC will notify the sponsor of their right to appeal and provide detailed guidance on this process. In contrast, inland sponsorship applicants do not have this right; if refused, they must submit a new application and may be required to leave Canada within a short timeframe.
Processing time is often a key concern. For example, if a sponsored person misses submitting certain documents but remains in Hong Kong or their home country, it is usually easier to resolve these issues. However, if they are already in Canada, obtaining missing documents—especially those requiring in-person processing—may take longer and delay overall processing time.
Individuals residing in Canada are subject to Canadian income tax on worldwide income. Once an individual becomes a Canadian tax resident, they must declare their global income and assets when filing tax returns with the Canada Revenue Agency (CRA). The sponsor and sponsored person may unintentionally become Canadian tax residents before they are prepared for this transition. This could lead to complications if financial arrangements such as MPF (Mandatory Provident Fund), pensions, and insurance have not been properly handled before moving to Canada.
If the sponsor is a Canadian citizen who has lived in Canada for more than six months within a calendar year, they will be deemed a Canadian tax resident. The sponsored person will also be considered a tax resident if they remain in Canada while their inland application is processed. In contrast, outland sponsorship allows greater flexibility; after approval, both parties can arrange their financial matters before moving to Canada.
【Do You Need an Immigration Consultant?】
Compared to other immigration applications, spousal sponsorship applications are relatively straightforward. Applicants can follow the document checklist provided on IRCC’s website and ensure that all forms and documents are correctly completed before submission. However, applicants need proficiency in English and must read all instructions carefully.
As of September 23, 2022, IRCC has digitized the spousal sponsorship application process. Applicants wishing to manage their applications on their own must stay updated on any changes to ensure accurate completion of online forms. IRCC frequently updates its forms and instructions; thus, applicants may spend weeks preparing documents only to find that requirements have changed—resulting in delays or rejection.
Applicants who are fluent in English and detail-oriented may find this process manageable; however, many still have questions regarding optimal submission timing or planning for arrival in Canada. An experienced immigration consultant can offer professional advice on timing applications and expected approval timelines while assisting with arrival planning.
We often see applicants who apply on their own submitting incorrect forms (e.g., using inland forms for outland applications), outdated forms, insufficient proof of relationships, or errors in answering questions—leading to significant delays in processing.
For those preparing their own sponsorship applications, it is crucial to complete all required forms accurately while staying updated on IRCC’s latest guidelines. If you prefer professional assistance with timing your application or gathering supporting documents, we recommend consulting with a Regulated Canadian Immigration Consultant (RCIC). We have successfully represented many candidates and would be delighted to assist you.
For further inquiries, please contact us at 2868 3780 or email [email protected].
Disclaimer
The information provided above is for general private reference purposes only and does not constitute comprehensive legal advice regarding Canadian immigration laws. Rothe International Canada is not responsible for any losses resulting from reliance on this information. For specific questions, please contact Rothe International Canada directly at (852) 2868-3780 or fill out our online inquiry form.