A lot of clients contact us because they are confused whether to file an Inland or Overseas Spousal Sponsorship Application. Well there are pros and cons to both sides to when submitting spousal or common-law sponsorship. When it comes to conjugal application obviously you can only submit an overseas application since both partners cannot be physically together due to immigration barriers they are facing. With common-law and spousal application you do have that option whether to file inland or overseas.
The benefit of Overseas Sponsorship is that processing times are much faster than Inland Sponsorship. Sponsoring a spouse outside Canada is approximately 12-17 months which is much faster when submitting an inland application. The downside of sponsoring a spouse from outside Canada is the distance. It can be difficult to live apart from your spouse when your application is getting processed. It is also unlikely that your spouse will be approved for a Visitor Visa during the processing of your spousal application, as the officer processing the temporary application may not believe that your spouse will return home at the expiry of their permit, as they have already declared their intention to reside in Canada permanently by apply for Permanent Residence.
Inland sponsorship refers to couples where the sponsor is a Permanent Resident of Canada or a Canadian Citizen, who would like to sponsor their spouse who is currently in Canada with temporary status (such as a closed or open work permit, study permit, visitor visa, etc.). The benefit of Inland Sponsorship is that you are able to reside with your spouse during the processing of your spouse’s PR application; therefore there is no delay in waiting to establish your life together in Canada. Another benefit is that since December 22, 2014, spouses being sponsored through Inland Sponsorship are eligible to apply for an Open Work Permit, which will allow them to work legally in Canada while waiting for the decision on their Spousal Sponsorship application to be made. The downside of Inland Sponsorship application is the processing times. Currently, the processing times are approximately 26 months for 80 percent of cases processed (many people believe 15 months is more typical with a well prepared application, but is not guaranteed). This means years of waiting for your spouse’s Permanent Residence (if approved), which can be stressful. The reason for the lengthy processing times is that because you are already able to live with your spouse, and therefore the sense of urgency in order to reunite you with your spouse does not apply, as it does with Overseas Sponsorship. Another downside would be if your inland application got refused you are unable to appeal your case, you either have re-file your application or see if you are eligible to apply under a different route.
If you are unsure which route to take whether to file inland or overseas sponsorship application then contact us today. The representative will assess your situation and determine the best route for you and your family.
With Akrami & Associates there is always a way
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