The Inside Canada vs. Outside Canada Sponsorship Process

26th Mar 2015 Comments Off on The Inside Canada vs. Outside Canada Sponsorship Process

One of the quirkier features of Canadian immigration law is the distinction between what is generally referred to as the “Inside-Canada Sponsorship” process and the “Outside-Canada Sponsorship” process.  The biggest myth is that if a couple is residing in Canada then they must use the “Inside-Canada Sponsorship” process.  This is not true.  However, each program contains advantages and disadvantages vis-a-vis the other, and I have provided a list of the key features and requirements of each program below.

 

Inside-Canada Process

Outside-Canada Process

The spouse/common-law partner must be in a genuine, conjugal relationship that was not entered into for the primary purpose of acquiring an immigration benefit.
The spouse/common-law partner must be in a genuine, conjugal relationship that was not entered into for the primary purpose of acquiring an immigration benefit.

The spouse/common-law partner must reside together in Canada.
The spouse/common-law partner do not have to reside together in Canada.  As well, once a common-law relationship is established, periods of separation will not change their common-law status if there is a short separation that does not sever the common-law partnership.

The applicant must live with the spouse/common-law partner inside Canada during the duration of processing.
The applicant can live with the spouse/common-law partner inside Canada during the duration of processing, but does not have to.

The immigration paperwork is sent to a processing center inside Canada, and remains in Canada.
The immigration paperwork is sent to a processing center inside Canada, and it then may be transferred to a visa post outside of Canada.

If the applicant has valid temporary resident status in Canada, and submits an application to extend that status inside Canada with the permanent residence application, then the applicant will have implied status during the processing of the permanent residence application,  » Read more about: The Inside Canada vs. Outside Canada Sponsorship Process  »

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