Outland spousal sponsorship allows Canadian citizens and permanent residents to sponsor their spouse or common-law partner for permanent residence in Canada, wherever in the world they are living.
A detailed article aboutSpousal sponsorship for immigration to Canada.
Contents
What is Outland spousal sponsorship?
Outland spousal sponsorship allows a foreign national living abroad to be sponsored by their Canadian spouse or common-law partner for permanent resident (PR) status in Canada. The Outland sponsorship process differs fromInland spousal sponsorship, which requires the couple to be living together in Canada.
Outland spousal sponsorship may be the best option where the applicant cannot submit a spousal sponsorship application from within Canada. In other words, where the applicant’s loved one is not living lawfully in Canada at the time of application, Outland spousal sponsorship may be the only option. As at 2023, certain foreign nationals sponsored under Outland sponsorship are also eligible to apply for anOpen Work Permit (OWP)while the application is being processed.
Applicants living in Canada may also choose the Outland spousal sponsorship process. This process permits travel into and out of Canada while the application is being processed and may be the best option for those whose work or personal circumstances require them to enter and leave Canada freely.
For the sponsored person to receive a Canadian permanent residence visa through Outland spousal sponsorship, both the Canadian citizen or permanent resident and the foreign national need to beImmigration, Refugees and Citizenship Canada (IRCC)approved.
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Who it applies to
To be eligible to sponsor a loved one under Outland spousal sponsorship, both the sponsor and the sponsored person must meet a number of specific requirements, including:
- The sponsor must be a Canadian citizen or permanent resident.
- Both the sponsor and the sponsored person must be aged 18 or over.
- The relationship between the sponsor and the sponsored person must fall within one of the following types:
- Spouse: the applicant is lawfully married and the marriage is recognised under the law of the place of registration and under Canadian law.
- Common-law partner: the applicant is living together, or has lived together, with their common-law partner in a marriage-like relationship for at least 12 continuous months.
- Conjugal partner: the applicant has maintained a committed and continuous relationship for at least 12 months but cannot live together because of serious legal constraints or factors beyond their control, such as immigration barriers or marital status.
- The sponsor must not have sponsored a spouse in Canada within the 5 years before applying.
- Neither spouse may be in detention, charged with a serious offence, or bankrupt.
Where an applicant is in a conjugal relationship, they need to apply for Outland spousal sponsorship, as this type of relationship is not eligible for Inland spousal sponsorship.
Who it applies to
Outland spousal sponsorship is a specific application process for sponsoring a loved one underCanada’s family immigration programme.
This process comprises several steps, including verifying eligibility, gathering supporting documents, completing the required forms and submitting them to the appropriate visa office. The Canadian citizen or permanent resident must apply to become a sponsor, while the foreign spouse or common-law partner must apply for permanent residence (PR).
The process
Applying to sponsor a foreign spouse or common-law partner is a multi-step process:
- Download the application package from the government website; the package includes the guide and forms to help the applicant complete the process correctly.
- Pay all application fees online.
- Complete and sign all the required forms. Be sure to check whether additional country-specific forms are needed, depending on the country of residence of the spouse or common-law partner.
- Send the application to the appropriate visa office and postal address in Canada, following the instructions in the guide downloaded.
The province of Quebec has its own immigration procedures, and additional steps will be needed where the applicant intends to settle in that province.
How it works
In 2023, IRCC amended the eligibility rules for spousal open work permits, allowing eligible applicants under the Outland spousal sponsorship programme to receive this permit while the application is being processed. The dependent children of those sponsored under Outland spousal sponsorship may also receive an open work permit.
Foreign nationals who have applied for sponsorship may be eligible to apply for an open work permit where they are:
- The spouse, common-law partner or conjugal partner of a Canadian citizen or permanent resident, living in Canada.
- The accompanying dependent child of the principal applicant being sponsored.
In the first case, when applying for a work permit, the applicant must also:
- Be in a genuine relationship with the sponsor.
- Be included in the permanent residence application and have received an Acknowledgement of Receipt (AOR) confirming that the permanent residence application is being processed by Immigration, Refugees and Citizenship Canada (IRCC).
- Be living in Canada with the sponsor.
Please note:The AOR received must be for the permanent residence application. AOR letters for other types of application are not accepted for processing an open work permit in this case.
In the second case, where the newcomer is the dependent child of the sponsored person, the following criteria must be met. The principal applicant (the sponsored person) must:
- Be in a genuine relationship with the sponsor.
- Be included in the permanent residence application and hold an AOR letter confirming that the permanent residence application is being processed by IRCC.
- Be living in Canada with the sponsor.
In addition, the dependent child applying for a work permit must live with both the principal applicant and the sponsor.
The applicant may apply for an open work permit at any point while the sponsorship application is being processed. It is advisable to submit both the open work permit and the sponsorship application at the same time where the applicant wishes to receive this document as soon as possible.
Timescales
IRCC’s target processing time for spousal sponsorship applications is around 12 months. This estimated processing time includes the time needed to provide biometrics and to review the sponsorship application as well as the eligibility requirements for both the sponsor and the sponsored person.
Once the application is submitted, the applicant receives an Acknowledgement of Receipt from IRCC. IRCC then assesses the sponsor’s eligibility, which takes around 4 months. The final step is the assessment of the sponsored person’s permanent residence application, which may take around 6 months.
Where it is done
Unlike applications submitted under Inland spousal sponsorship, applications submitted from outside Canada are processed by the visa office serving the spouse’s or common-law partner’s country of origin, or the country in which they have lawfully resided for at least 1 year.
Find out more about Inland spousal sponsorship on the government website athere.
Frequently asked questions (FAQ)
The main difference between these two application processes is that Outland spousal sponsorship applications are usually submitted from abroad and are for a spouse or common-law partner residing in a country other than Canada. Outland applications are usually processed by the visa office in the foreign national’s country of origin. In some cases, an Outland application may be submitted from within Canada.
By contrast, the Inland sponsorship application process requires the couple to be living together in Canada.
The sponsorship forms and supporting documents differ depending on whether the applicant applies for spousal sponsorship under the Inland or the Outland category.
Although both options offer foreign nationals the opportunity to reunite with their loved one in Canada, each has advantages and disadvantages the applicant should weigh up before applying.
- Inland sponsorship is the option for couples where the sponsored person is already in the country. Only spouses and common-law partners may be sponsored under this programme, and the sponsored person needs to remain in Canada throughout the processing of the application.
- Outland spousal sponsorship is usually the option for couples where the sponsored person lives outside Canada. An Outland applicant may nonetheless be in Canada and choose to apply under the Outland programme, which allows them to travel into and out of Canada throughout the processing of the application.
The applicant may enter and leave Canada as a visitor while the application is being processed. Some countries may require a valid visitor visa.
Note, however, that holding a valid visitor visa does not guarantee entry to Canada. While the sponsorship application is pending, the applicant is treated as an ordinary foreign visitor. A Canadian immigration officer may refuse the applicant entry if they consider it necessary.
The province of Quebec has its own immigration rules. As a Quebec resident, the applicant must meet the province’s additional specific requirements in order to sponsor their loved one.
Below are the steps in the sponsorship process for those living in the province of Quebec:
- First, the applicant must meet the federal requirements to submit a sponsorship application and send it toImmigration, Refugees and Citizenship Canada (IRCC).
- Where they meet IRCC’s sponsorship requirements, the applicant receives an email or letter with instructions for downloading the Quebec sponsorship undertaking package.
- The next step is to submit the Quebec undertaking package, together with the letter or email received from IRCC.
- The Quebec government reviews the sponsorship application and notifies the applicant whether they are eligible to sponsor.
- Where Quebec accepts the applicant as a sponsor, the applicant receives aThe Quebec Selection Certificate (CSQ).
- IRCC will require the CSQ to be submitted before making a final decision.
In the past, Outland spousal sponsorship applications were usually processed by a visa office and processing times were shorter, varying by country. The Canadian government has, however, recently made changes, and processing times for Outland and Inland sponsorship in Canada are now comparable.
Yes. An Outland sponsorship application may be submitted even where the applicant is residing in Canada with their Canadian spouse or common-law partner.
Although this process is usually begun where the sponsored person resides outside Canada, foreign nationals who are already in Canada and need to travel regularly may prefer this option. During an Inland application, travel is not recommended and may adversely affect the outcome of the application. The Outland sponsorship process, by contrast, allows the spouse or common-law partner to leave Canada and return as a visitor while the application is being processed.
Where the applicant is a Canadian citizen living outside Canada, they may sponsor their loved one, but need to demonstrate an intention to live in Canada once the sponsored person becomes a Canadian permanent resident.
Where the applicant is a Canadian permanent resident living outside Canada, they are not eligible to sponsor a spouse or common-law partner for permanent residence in Canada.
Yes. Eligible foreign nationals may apply for anOpen Work Permitto work in Canada while the spousal sponsorship application is being processed.
The applicant’s spouse or common-law partner does not need lawful temporary status in Canada for applications submitted under Outland spousal sponsorship, provided the sponsored person is not residing in Canada.
Below are the main responsibilities of the sponsor and the sponsored person when applying under Outland spousal sponsorship:
- Verify that the applicant is eligible to sponsor their relative and that the foreign national being sponsored is eligible under one of the following categories: spouse, common-law partner or conjugal partner.
- Read, understand and sign the sponsorship agreement and the forms.
- Provide the Canadian immigration authorities with information about the relationship to demonstrate that it is genuine.
- Provide the Canadian immigration authorities with information about personal finances to demonstrate the ability to meet the basic needs of the sponsored family member.
- Pay the application fees.
- Submit the signed sponsorship and permanent residence forms, together with the supporting documents, to the Canadian immigration authorities.
Where applying for Outland spousal sponsorship, the applicant may have to travel to another city, or even another region or country, to undergo a medical examination by a physician designated by Immigration, Refugees and Citizenship Canada (IRCC), or to provide biometrics at a Visa Application Centre (VAC) or an Application Support Centre (ASC).
Where an Outland spousal sponsorship application has been submitted, the applicant may choose to appeal a refusal. The applicant is likely to need the support of an immigration lawyer and will have to meet the legal costs.
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