Inland spousal sponsorship allows Canadian citizens and permanent residents to sponsor their spouse or common-law partner for permanent resident status where the couple have been living together in Canada.
A detailed article aboutSpousal sponsorship for immigration to Canada.
Contents
What is Inland spousal sponsorship?
Inland spousal sponsorship allows Canadian citizens and permanent residents to sponsor their loved one, provided the couple are lawfully living together in Canada.
To apply under Inland sponsorship, the foreign spouse or common-law partner must also hold valid temporary resident status in Canada, as a worker, international student or visitor. While the Inland sponsorship application is being processed, the sponsored person is able to continue living, working or studying in Canada.
For the sponsored person to receive a Canadian permanent residence visa through Inland spousal sponsorship, both the Canadian citizen or permanent resident and the foreign national need to beImmigration, Refugees and Citizenship Canada (IRCC)approved.
Newcomers applying for Inland spousal sponsorship may be eligible for an open work permit, allowing them to work full time in Canada while their permanent residence application is being processed.
Holding anOpen Work Permit (OWP)can help ease the financial and emotional burden of an application process that may be lengthy, while allowing their spouse or common-law partner to work professionally and enter the Canadian labour market.
Inland sponsorship applicants are normally expected to remain in Canada while their application is being processed. Where the spouse or common-law partner does not plan to remain in Canada or needs to travel abroad while the application is being processed,Outland sponsorshipmay be the better option.
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Who it applies to
To be eligible for spousal sponsorship under the Inland sponsorship category, the sponsor needs to meet the following specific conditions:
- Their spouse or common-law partner needs to be living with them in Canada.
- Their spouse or common-law partner needs to hold temporary resident status in Canada.
There are also a number of basic Canadian immigration requirements that both the sponsor and the sponsored person must meet to be eligible for Inland sponsorship:
- The sponsor must be a Canadian citizen or a permanent resident in Canada.
- Both the sponsor and the sponsored person must be at least 18.
- The relationship between the sponsor and the sponsored person must fall within one of the following:
- Spouse: they are lawfully married, and their marriage is valid both under the law of the place of registration and under Canadian law.
- Common-law partner: they are living together, or have lived together, with their partner in a marriage-like relationship for at least 12 continuous months.
- The sponsored person must not have been sponsored by a spouse in Canada within the 5 years before applying.
- Neither may be in detention, charged with a serious offence, or bankrupt.
Conjugal relationships — that is, relationships in which the two people cannot live together or marry because of religious barriers or marital status, for example — are not eligible for Inland sponsorship.
How it works
Inland sponsorship is a specific application process used to sponsor a spouse under theSpouse or Common-Law Partner in Canada immigration programme.
An Inland sponsorship application comprises the following 2 parts:
- The Canadian citizen or permanent resident must apply to become a sponsor.
- The foreign spouse or common-law partner must apply for permanent residence.
The application process comprises the following steps:
- Verify eligibility for both the sponsor and the sponsored person.
- Pay the required fees online.
- Gather the supporting documents.
- Complete the required forms and submit them to the appropriate visa office.
Inland sponsorship applicants are normally expected to remain in Canada while their application is being processed. Where the spouse or common-law partner does not plan to remain in Canada or needs to travel abroad while the application is being processed,Outland sponsorshipmay be the better option.
Obtaining an open work permit under Inland sponsorship
In 2023, Immigration, Refugees and Citizenship Canada (IRCC) amended the eligibility rules for spousal open work permits, allowing eligible applicants under the Inland sponsorship programme to access these work permits while their application is being processed. The dependent children of those sponsored under Inland sponsorship may also receive an open work permit.
Foreign nationals who have applied to be sponsored may be eligible 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.
Under the first condition, when the applicant applies for a work permit, they must also:
- Be in a genuine relationship with their sponsor.
- Be included in the permanent residence application and have received an Acknowledgement of Receipt (AOR) confirming that their permanent residence application is being processed by Immigration, Refugees and Citizenship Canada (IRCC).
- Be living in Canada with their sponsor.
Please note:The Acknowledgement of Receipt (AOR) received must be for the permanent residence application. AOR letters for any other application are not accepted for processing an open work permit in this case.
Under the second condition, 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 their sponsor.
- Be included in the permanent residence application and hold an Acknowledgement of Receipt (AOR) confirming that their permanent residence application is being processed by Immigration, Refugees and Citizenship Canada (IRCC).
- Be living in Canada with their sponsor.
In addition, the dependent child applying for a work permit must live with both the principal applicant and the sponsor.
The process
Applying to sponsor a foreign spouse or common-law partner is a multi-step process. Below is an overview of the various application stages:
- Step 1: download the application package from the government website; the package includes the guide, the forms and a checklist to help complete the process correctly.
- Step 2: pay all the required application fees online (the application fee, the right of permanent residence fee, and the biometrics fee).
- Step 3: complete and sign all the required forms.
- Step 4: send the application to the correct visa office and postal address in Canada by following the instructions given in the guide downloaded.
- Step 5: while the application is being reviewed, they may be asked to submit further supporting documents.
The province of Quebec has its own immigration process, and additional steps must be taken where they reside in that province.
Application processing times
The current processing time for approval of an Inland spousal sponsorship application is around 12 months.
In the past, Inland sponsorship applications were known to take longer to process than Outland applications, but this is no longer the case. Immigration, Refugees and Citizenship Canada (IRCC) is now aligning processing times for Inland and Outland sponsorship applications.
Where are Inland spousal sponsorship applications processed?
Depending on the sponsorship option chosen (Inland or Outland), they will need to use a specific postal address in Canada to submit their spousal sponsorship application. They may consult the guide downloaded from the Immigration, Refugees and Citizenship Canada (IRCC) website to find out which address is used to receive Inland spousal sponsorship applications.
Find out more about Inland spousal sponsorship on the government website athere.
Frequently asked questions (FAQ)
Every couple’s circumstances differ, and whether to choose Inland or Outland spousal sponsorship depends on a number of factors. Below is an overview of the differences between the two processes to help applicants decide which is right for them:
Inland spousal sponsorship:
- The applicant and their spouse or common-law partner need to be living together in Canada.
- The applicant’s spouse or common-law partner needs to remain in Canada throughout the processing of the application.
- Where the application is refused, the applicant has no right to appeal that decision.
Outland spousal sponsorship:
- The applicant’s spouse, conjugal partner or common-law partner lives abroad.
- The applicant and their Canadian spouse or common-law partner are living abroad but plan to return to live in Canada.
- The applicant’s spouse may enter and leave Canada freely while the application is being processed.
- Where the application is refused, the applicant has the right to appeal that decision.
Yes. A couple may be eligible for both Inland and Outland spousal sponsorship where they are living together in Canada.
Where the couple are present in Canada at the time of applying, but the spouse or common-law partner plans to travel abroad while the application is being processed, anOutland sponsorshipapplication may be the more suitable option. Where applicants establish that they are eligible for both types of sponsorship, it is important to weigh up and understand the advantages and disadvantages of each.
The processing time for an open work permit is around 4 to 5 months.
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 to Immigration, 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).
- Once Quebec issues the CSQ, IRCC is able to make a final decision on the applicant’s application.
To obtain anOpen Work Permit (OWP), the applicant should submit this application at the same time as the permanent residence application. The applicant may also apply for an OWP after submitting the permanent residence application. Different forms need to be completed in each case. The applicant will find that information in the sponsorship guide available on the IRCC website.
Where the applicant’s spouse or common-law partner already holds a work permit, they may continue working while it remains valid. Note that submitting an Inland spousal sponsorship application does not exempt the applicant’s spouse or common-law partner from maintaining lawful temporary status in Canada.
Where the spouse’s or common-law partner’s temporary permit has expired or is about to expire, they will need to apply for an extension or for another permit in order to remain in Canada until permanent resident status is granted.
No. The applicant must wait until the work permit is received before they can begin working in Canada.
During the sponsorship process, the applicant must sign an “undertaking”, which is a promise to provide financial support for the basic needs (such as food, clothing, shelter and healthcare not covered by the Canadian health system) of their spouse or common-law partner and their dependent children.
This undertaking is binding and cannot be cancelled, meaning the applicant is responsible for supporting their spouse or common-law partner throughout the undertaking period, even where the applicant’s circumstances change.
The undertaking period, in all Canadian provinces except Quebec, is 3 years from the date the spouse, common-law partner or conjugal partner becomes a permanent resident. The undertaking period for Quebec residents differs from that in the rest of Canada.
The applicant is not prevented from leaving Canada where they apply for sponsorship under the Inland category. It is, however, strongly recommended that Inland spousal sponsorship applicants remain in Canada while the application is being processed.
Where the sponsored person leaves Canada at any point during the processing of the application, there is no guarantee they will be permitted to re-enter Canada, particularly where they need a visitor visa. Leaving Canada may also lead the immigration officer assessing the application to doubt their immigration intentions, which may ultimately result in the application being refused.
Canada has apublic policyallowing spouses and common-law partners who meet certain requirements (including a sponsorship undertaking from a Canadian spouse or common-law partner) to be considered for permanent resident status even where they do not hold lawful immigration status in Canada.
It is, however, usually expected that any situation that could lead to the spouse or common-law partner beingrefused entry to Canadawill be resolved before the sponsorship application is submitted.
Where a sponsored spouse’s application is refused, they must leave Canada immediately at the end of their temporary period of stay.
In addition, where the sponsored person leaves Canada at any point while the application is being processed, there is no guarantee they will be permitted to re-enter Canada, particularly where they need a visitor visa.
In recent years, Canada has improved and modernised the procedures relating to spousal sponsorship. IRCC has recently reaffirmed its commitment to family reunification by allocating further funding to process applications more efficiently and help speed up processing times. IRCC has also taken steps to approve more Canadian sponsorship applications in order to reduce the backlog.
Between now and 2023, Canada aims to welcome more than 60,000 candidates a year through spousal sponsorship under its annualimmigration levels plan.
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