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In-Canada vs Out-of- Canada Sponsorship

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Couples wishing to apply for spousal or common law sponsorship are often faced with a dilemma. Should they use the in-Canada method or the out- of-Canada method Answering this question is not always easy as a number of factors must be considered. Please note that for ease of exposition most references to ‘spouses’ in this article may be understood as meaning both spouses and common law partners.

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6 things to consider when choosing between in-Canada Sponsorship canadaand out-of- Canada spousal sponsorship 1. Can the foreign spouse or partner enter Canada 2. Will one or both spouses be spending a significant period of time outside of Canada while the sponsorship Canada application is being processed 3. What are the different processing times for in-Canada vs. out-of-Canada sponsorship applications 4. Does the foreign spouse need to be able to work in Canada within a short period of time 5. Does the couple want the right to appeal Does the couple want to avoid a “problem” visa office 6. Is either sponsorship process even possible

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1. Can the foreign spouse or partner enter Canada First thing to consider: Are the spouses currently in Canada then ask Is the foreign spouse legally allowed to enter Canada NO NO then an out-of-Canada application is the only way to go. 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.

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2. Will one or both spouses be spending a signifcant period of time outside of Canada while the sponsorship Canada application is being processed then an in-Canada application may prove difficult. YES An in-Canada sponsorship application can be submitted if both spouses are currently residing in Canada. However if the sponsoring spouse is spending most of his or her time living outside of Canada say for work then Citizenship and Immigration Canada may take the position that the couple is not actually residing in Canada. Go to Canada Immigration for more information.

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3. What are the diferent processing times for in- Canada vs. out-of-Canada sponsorship applications In some cases overseas sponsorship applications will be much quicker than in-Canada applications. In other cases the processing times will be about the same or even quicker for in-Canada applications. It is a good idea to check the processing times listed on the Citizenship and Immigration Canada website before choosing between the in- Canada and out-of-Canada options.

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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.

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5. Does the couple want the right to appeal Does the couple want to avoid a “problem” visa ofce 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.

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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.

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• If you are living overseas and considering sponsorship you should consider re-establishing ties to Canada. • Some ways to help do this are through seeking employment in Canada purchasing a home in Canada or visiting Canada. • In you can convince CIC that you have an actual intention to reside in Canada after the sponsorship application is approved then you stand a much greater chance of having the application approved.

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T o know more about Canadian Immigration: Contact Russ Weninger for Immigration Queries Russ Weninger 403-265-4496 Suite 300 404 – 6th Avenue SW Calgary Alberta T2P 0R9 russrussweninger.com