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In or Out Canadian Sponsorship

Couples wishing to apply for spousal are often faced with dilemma. Should they use in-Canada method or the out-of-Canada method? Answering this question is not always as easy, as a number of factors must be considered. For more information you can visit calgaryimmigrationlawyer.com

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In or Out Canadian Sponsorship

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  1. In-Canada VS Out-of Canada SponsorshipBy Russ WeningerCalgary Immigration Lawyer

  2. 6 things to consider when choosing between in-Canada and out-of-Canada spousal sponsorship Couples wishing to apply for spousal are often faced with dilemma. Should they use in-Canada method or the out-of-Canada method? Answering this question is not always as easy, as a number of factors must be considered.

  3. 1. Can the foreign spouse or partner enter Canada? This is the first thing to consider. To submit an in-Canada sponsorship application, both spouses must be currently residing in Canada. If one spouse is unable to enter Canada, then sponsorship Canada can be ruled out.

  4. 2.Will one or both spouses be spending a significant period of time outside of Canada while the sponsorship Canada application is being processed? If the answer is yes, then an in-Canada application may prove difficult. An in-Canada sponsorship application can be submitted if both spouses are currently residing in Canada. 

  5. 3. What are the different processing times for in-Canada sponsorship applications? First stage- CIC is considering the application of the sponsor. Second stage- When the sponsor is approved in principle, then CIC considers the application of the person being sponsored (the foreign spouse) First stage processing for out-of-Canada applications is usually fairly short, second stage applications processed through certain overseas visa offices may end up languishing for months or even years.

  6. 4. Does the foreign spouse need to be able to work (in Canada) within a short period of time? If the foreign spouse needs to be able to work within Canada in a relatively short period of time, then an in-Canada application may be the way to go. Currently, CIC has a pilot program that enables many in-Canada sponsored spouses to apply for an open work permit, and to receive that open work permit in as little as 4 months.

  7. 5. Does the couple want the right to appeal? Does the couple want to avoid a “problem” visa office? With an overseas sponsorship application, the couple maintains the right to appeal a negative decision. This right does not exist in the case of in-Canada applications. However, the spouse may still have the ability to judicially review a negative in-Canada decision.

  8. 6. Is either sponsorship process even possible? For a couple currently living overseas, the only possible application is an out-of-Canada sponsorship. However, for many couples, even an out-of-Canada sponsorship will be possible. If a sponsor cannot demonstrate an intention to reside in Canada, then that person cannot sponsor a spouse for permanent residence.

  9. Contact Russ Weninger for Immigration Queries 403-265-4496 russ@russweninger.com For more information visit him @ calgaryimmigrationlawyer.com

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