Spousal Sponsorship Inside Canada

Overview of Spousal Sponsorship Inside Canada

The spousal sponsorship program allows Canadian citizens and permanent residents to bring their spouses or partners to Canada. If your spouse is already in Canada, you can apply for sponsorship through the “inland” process. This program is designed for couples who wish to live together and start their life in Canada.

What is Spousal Sponsorship Inside Canada?

Spousal sponsorship inside Canada is a process where Canadian citizens or permanent residents can sponsor their spouse or partner to become a permanent resident while staying in the country. This application allows the sponsored person to remain in Canada during the process. One of the main benefits of the inland route is that the sponsored spouse may be eligible for a work permit while the application is being processed.

Eligibility Requirements for Sponsoring a Spouse Inside Canada

Both the sponsor and the applicant must meet specific criteria.

Sponsor Eligibility:

  • You must be a Canadian citizen or a permanent resident.
  • You should be at least 18 years old.
  • You cannot be receiving social assistance except for reasons of disability.
  • You should be able to provide financial support for your spouse and any dependent children, if applicable.

Applicant Eligibility:

  • Your spouse must be legally married to you or in a common-law relationship with you for at least one year.
  • They must be living in Canada during the application process.
  • They must not be inadmissible to Canada for reasons such as criminal activity, medical reasons, or previous immigration violations.

The Process for Inland Spousal Sponsorship

The inland spousal sponsorship process involves several steps:

  1. Prepare Your Application:
    • Fill out the application forms for both the sponsor and the applicant.
    • Include supporting documents like proof of relationship, identity, police certificates, and medical exams.
    • Show that you can support your spouse financially.
  2. Submit the Application to IRCC:
    Once the application is complete, submit it to the Immigration, Refugees, and Citizenship Canada (IRCC). The processing time typically takes between 12 and 18 months.
  3. Wait for IRCC to Process the Application:
    During this time, the sponsored spouse may be eligible for a work permit. This allows them to work for any employer in Canada while they wait for the decision.
  4. Decision on the Application:
    After reviewing the application, IRCC will make a decision. If approved, the spouse will become a permanent resident of Canada.

Benefits of Inland Spousal Sponsorship

  1. Remain Together:
    The inland process allows you to stay together in Canada while the application is being processed.
  2. Work Permit:
    If eligible, the spouse can apply for a work permit, which allows them to work anywhere in Canada.
  3. Health Coverage:
    In many provinces, the spouse may be able to access provincial health coverage once they are granted temporary resident status.
  4. Flexibility:
    With a work permit, the sponsored spouse has the ability to work or study without limitations.

Challenges with Inland Spousal Sponsorship

While there are many advantages to the inland process, there are some challenges to keep in mind.

  1. Processing Time:
    Inland applications can take longer to process, usually 12 to 18 months. This can cause uncertainty for applicants.
  2. Temporary Status:
    During the application process, the sponsored spouse holds temporary resident status, which can have restrictions or conditions attached.
  3. Application Denial:
    If the application is refused, the sponsored spouse may be required to leave Canada, creating uncertainty for both parties.

Final Thoughts

Inland spousal sponsorship is an excellent way for couples who are living in Canada to reunite permanently. By meeting the eligibility requirements and following the process carefully, couples can navigate this journey to permanent residence.

If you’re considering starting this process, it’s essential to understand the necessary steps and requirements.

Reach out today for assistance with your application!

Frequently Asked Question

  • Can I sponsor my spouse if they are already in Canada?
    Yes, if you are a Canadian citizen or permanent resident, you can sponsor your spouse, regardless of their status in Canada.
  • How long does it take to process a spousal sponsorship application?
    Processing times typically range from 12 to 18 months, but it can vary based on your case and application completeness.
  • Is my spouse allowed to work while waiting for sponsorship approval?
    Yes, your spouse can apply for an open work permit while their spousal sponsorship application is being processed.
  • What proof do I need to show that our relationship is genuine?
    Evidence may include joint financial documents, photographs, shared living arrangements, personal statements, and any other information that can demonstrate your genuine relationship.