Last Updated On 15 February 2023, 9:59 AM EST (Toronto Time)

Inland Vs Outland Canada Spousal Sponsorship: When applying for spousal sponsorship, you have two options: either as an in-land or outland. Both application types have different processing times and requirements to maintain.

One frequently asked question is whether you should apply as an inland or outland applicant for spousal sponsorship. The answer depends on your situation and needs. For example, it is best to submit your application as an outland applicant if you need to travel or be outside Canada.

However, if you prefer to work and remain inside Canada, the most suitable option is to apply as an inland spousal applicant.

Often, most people want to take both options: to work in Canada and depart when needed. However, leaving Canada while your application is processing comes with several risks that can lead to application refusal or denied entry at the border.

Hence, inland applicants are strongly advised to remain in Canada while their application is processing. The main reason is that if you depart Canada, you may not be allowed to re-enter.

Why should inland spousal sponsorship applicants not depart the country?

Considering that you enter Canada as a visitor, having family or spouse inside Canada sometimes serves as a disadvantage because, as a visitor, your stay in the country is limited to 6 months (if extension is not applied or status is changed).

Furthermore, when the border official is aware that your spouse or common-law partner is in Canada, it becomes harder, not easier, to enter. It may seem contradictory, but keep in mind that you are asking to enter as a guest at the port of entry, which means you are only visiting for a limited time and will return home after that.

If you have established your home with your spouse or common-law partner, you are not truly a genuine guest who intends to return home outside of Canada, and a border officer may reject your admission.

Frequently Asked Questions about Class Sponsorships in Canada

Can you depart Canada in case of an emergency?

If an emergency requires you to leave Canada, get in touch with a licensed immigration practitioner (consultant or lawyer) before you leave. It would help if you honestly weighed the importance of being allowed to travel against the risk you are taking with your application.

Nevertheless, there is documentation that you may prepare in advance that may help you at the port of entry upon your return.

What to do if you have already left Canada and were denied entry?

Unfortunately, you will need to start your sponsorship application again if you cannot return to Canada, this time with an outland spousal sponsorship application.

To begin a new application as an outland applicant, you must first withdraw your current ongoing application. Moreover, the $550 application fee may not be refundable if your application is already processed.

You may be eligible for a refund if your application is not yet processed, but it is not guaranteed, and the refund process can take months.

Remember that applying again comes with a new set of updated forms, proof of support with a more current date, and sometimes new police clearances.

Nevertheless, it is important to note that numerous applicants for inland sponsorship do arrive and depart successfully. Every time they leave the country, though, they run the possibility of having their application for permanent residence delayed or denied if they can’t get back into Canada immediately.

In addition, living together while the application was being processed is one of the requirements for approval of an inland sponsorship, so even if you are permitted to enter Canada again, a prolonged absence from the country can still present issues.

Can you change your application from inland to outland or vice versa?

No, even though the application materials will be identical, an inland sponsorship has a different legal structure and procedure than an outland sponsorship.

Even separate IRCC offices handle the processing of the applications. You cannot request that an application be changed to a different stream once filed under one stream. Withdrawing your spousal sponsorship and submitting a fresh application would be the option if you discover that you must switch categories for some reason.

For more details on spousal sponsorship, refer to official IRCC page.