There are two types of sponsorship application – Canada: inland and outland sponsorship applications. The couples applying for sponsorship from within Canada are considered inland, while those whose foreign national spouse is abroad will be filed under outland.
Who can sponsor? You may be eligible to sponsor if you:
– are at least 18 years old;
– are a Canadian citizen or permanent resident, or an Indigenous person registered under the Canadian Indian Act;
– demonstrate you are not receiving social assistance unless you have a disability; and
– can provide for the financial needs of the sponsored person.
Who can be sponsored?
– Spouse: Must have been legally married to the sponsor at an in-person ceremony.
– Common-law partner: Must have lived with the sponsor for at least 12 continuous months.
– Conjugal partner: Must have been in a relationship with the sponsor for at least one year, live outside of Canada, and cannot live with the sponsor in their country or marry them due to significant legal or immigration reasons.
Inadmissibility:
You must pass health, security, and criminality background checks to be considered admissible to Canada.
Right to Appeal:
The key difference between the two applications is the right to appeal.
If your inland spousal sponsorship application is refused, you do not have the right to appeal but can seek the federal Court for leave of your application. However, if you have applied for spousal sponsorship application from outside Canada, you have the right to appeal.
After you send your application for processing:
Immigration, Refugees and Citizenship Canada (IRCC) will review your sponsorship application and return it to you if:
– it is incomplete or/and
– fees are missing, or if it is not the right fee
If IRCC begins to process your application, IRCC will send you:
– an application number,
– an acknowledgment of receipt,
– assess your eligibility as a sponsor, and
– assess if the person you are sponsoring is eligible for permanent residence – in Canada.
Contact to speak to Vancouver Immigration lawyer at YA Law Corporation.