According to Maple News, whether or not you need to physically reside in Canada to sponsor your spouse depends largely on your immigration status and which sponsorship pathway you choose. Canada offers two primary options for spousal sponsorship: Inland Sponsorship and Outland Sponsorship, each with unique requirements and implications.
Canadian citizens can apply to sponsor their spouses from outside of Canada via the Outland Sponsorship pathway. However, they must demonstrate a clear intention to return and live in Canada once their partner becomes a permanent resident (PR). On the other hand, Canadian permanent residents must already reside in Canada to be eligible to sponsor their spouse or common-law partner, regardless of the sponsorship stream.
Outland Sponsorship is often more flexible and may be advantageous for couples where either partner needs to travel internationally during the application process. This route generally allows applicants to travel in and out of Canada without affecting their application and provides the right to appeal in the event of a refusal. Even couples currently living in Canada may choose the Outland route if travel flexibility or potentially faster processing times are priorities.
Inland Sponsorship, conversely, is designed for couples already living together in Canada. This stream requires the sponsored spouse or partner to maintain temporary resident status (such as a visitor, student, or worker) during the process. While this route doesn’t allow for appeals on refusals, it may offer an opportunity for the applicant to apply for an open work permit while waiting for a decision.
Eligibility to sponsor a spouse includes several basic criteria. You must be at least 18 years old, a Canadian citizen, permanent resident, or registered Indian under the Canadian Indian Act, and demonstrate the financial ability to support your partner’s basic needs without receiving social assistance (except for disability).
There are, however, disqualifying circumstances that could prevent you from sponsoring a spouse. These include having an active sponsorship undertaking for another partner, recent bankruptcy, previous failure to meet sponsorship obligations, unrepaid immigration loans or court-ordered payments, or a recent conviction for specific crimes. Additionally, individuals who acquired PR through spousal sponsorship within the past five years are not eligible to sponsor a new partner.
Ultimately, determining whether to apply under the Inland or Outland stream depends on your personal situation, travel needs, and settlement plans in Canada. Understanding the nuances of each option is key to making an informed and strategic decision about your family’s future in Canada.
Maple News will continue to provide updates and insights to help guide you through the Canadian immigration process, including spousal sponsorship requirements and pathways.