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Main differences between the two possible pathways of sponsoring your Spouse/Partner to Canada as a Permanent Resident

As the Spouse or Common-Law Partner in Canada Class is a completely different class of application for sponsoring one's spouse to Canada to the Regular Sponsorship through family class from abroad, there are a number of differences between the two classes. 

In this short article, I have tried to touch on the main differences of the two pathways and each class's pros and cons in different situations. It should be noted that the criteria and characteristics of both programs are subject to the applicant being admissible to Canada and the sponsor being eligible for sponsorship according to the Law and Regulations. We have article about admissibility and eligibility for sponsorship on our website.

The Spouse or Common-Law Partner in Canada Class has:

The sponsor and their partner must be residing in Canada together and even short trips outside Canada can potentially damage the case. This is due to the nature of the relationship being based on the cohabitation of the couple

The process is much lengthier than the regular overseas sponsorship; in some cases more than two years

Since a decision in February of 2005, at the time of finalizing the application; sponsored person will not be refused solely due to lack of legal status  in Canada. However it must be noted that not having legal status can be risky and is not recommended under any circumstances

While waiting for a decision, the applicant can apply for an open work permit so they can work in Canada and have earnings

In case of refusal; there is no Appeal process for this type of application

It is not possible to change the application to the overseas sponsorship pathway after submission

The entire application process is handled by the CIC offices inside Canada

The Overseas application for Family Member Sponsorship made outside Canada

At the first stage, the sponsor will be assessed by the CIC inside Canada. At the second stage the application will be referred to the responsible visa office for assessing the applicant. An interview may be required.

There is an Appeal process in case of refusal

The applicant does not lose their right to apply for a visitor visa while waiting for the decision

The process is usually much faster than the In-Canada Class. Sometimes for as short as 4 months for the entire process

Many people chose to apply for a visitor visa, come to Canada and then apply for sponsorship under the In-Canada class. However, they should consider all of the aspects of this decision before making any moves. On the other hand, those who are already in Canada and apply under the regular sponsorship from outside Canada, should note that if they are invited for an interview, they will have to leave Canada to attend the interview in the Embassy and there is no guarantee that they will be allowed reentry while waiting for a final decision. 

With all the differences between the two programs and the complication surrounding each case, we recommend that you always obtain legal advice from a knowledgeable party who is licensed to provide such advice. Before making any moves, make sure you are aware of all the possibilities and potential consequences of each pathway.  

At MCIS, we are pleased to provide you with a First-Interview Free-of-Charge Consultation so that even if you chose not to hire our services and represent yourself, your risks of going the wrong way will be reduced.

 

 

Contact us today and ask for your eligibility for Canadian visa or immigration plans. You may fill out the free immigration evaluation form and after we assess your eligibility our staff will contact you.

 

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Canada: +1 (604) 619- 8564
Toll-Free Number: 1-844-624 7669 (MCIS-NOW)
Vancouver Office Address: 211-3030 Lincoln Ave., Coquitlam, BC V3B 6B4
Toronto Office Address: 6 Birchbank Road, Brampton, Ontario L6T 1L7 (by appointment only)

 

Canada: +1 (604) 619- 8564 - +1 (613) 858-4234
Toll-Free Number: 1-844-624 7669 (MCIS-NOW)
Vancouver Office Address: 211-3030 Lincoln Ave., Coquitlam, BC V3B 6B4
Vancouver Downtown Office: 1300, 1500 West Georgia Street, Vancouver, BC V6G 2Z6 (by appointment only)
Toronto Office Address: 6 Birchbank Road, Brampton, Ontario L6T 1L7 (by appointment only)