Understanding Canadian Inland vs Outland Spousal Sponsorship

Canadian spousal sponsorship is a process that allows a Canadian citizen or permanent resident to sponsor their spouse or common-law partner for Canadian permanent residency. This process involves completing various forms, providing supporting documents, and meeting specific eligibility criteria. One of the most significant decisions a couple needs to make during this process is whether to apply for inland or outland spousal sponsorship. In this article, we will discuss the differences between inland and outland spousal sponsorship and help you decide which option is right for you.

Inland Spousal Sponsorship

Inland spousal sponsorship is for those who are already in Canada with valid temporary resident status. The sponsored spouse can remain in Canada throughout the sponsorship process and can even apply for an open work permit while the application is being processed. This means that the sponsored spouse can work and live in Canada while waiting for their permanent residency application to be processed. Inland spousal sponsorship is typically faster than outland sponsorship, and the couple can be reunited more quickly.

However, there are also some disadvantages to inland spousal sponsorship. If the sponsored spouse leaves Canada before the application is approved, they may be unable to return until the application is finalized. Additionally, the sponsored spouse’s temporary status in Canada must remain valid throughout the entire application process. If their status expires, they may be asked to leave Canada before the application is finalized.

Outland Spousal Sponsorship

Outland spousal sponsorship is for those who are outside of Canada at the time of application. The sponsored spouse can remain in their home country while the application is being processed. This can be an advantage for couples who are not currently living together in Canada, as it allows them to stay in their home country until the application is finalized. Outland sponsorship generally takes longer than inland sponsorship, but it can be advantageous for couples who are not currently living together in Canada.

One significant advantage of outland spousal sponsorship is that the sponsored spouse can visit Canada during the application process. This can be an opportunity to reunite with their spouse and visit Canada, but they cannot work or study during their stay. Additionally, the outland sponsorship process may be more suitable for couples who wish to apply for permanent residency while the sponsored spouse is working or studying abroad.

Conclusion

Both inland and outland spousal sponsorship have their own advantages and disadvantages, and the choice between the two options depends on individual circumstances and preferences. It is essential to carefully consider your options before deciding which one to pursue. Consulting with an immigration lawyer or a licensed immigration consultant can help you make an informed decision and guide you through the application process.

In summary, inland sponsorship is suitable for couples who are already living in Canada and wish to remain in Canada throughout the application process. Outland sponsorship is suitable for couples who are not currently living together in Canada or want to apply while the sponsored spouse is working or studying abroad.

Are you eligible to work in Canada? LMIA FAQs by Neera Agnihotri

Canada is one of the most sought-after countries for foreigners to find employment. But there are several legal procedures one has to go through before finding a job in Canada. The most prominent ones are LMIA and work permits. If you want to find work in Canada, this article will answer some of your questions about LMIA and help determine if you are eligible to work in Canada.

What is LMIA?

LMIA (Labor Market Impact Assessment) is a legal document issued by the ESDC (Employment and Social Development Canada) an employer might need before hiring a temporary foreign worker. It encompasses the ESDC’s decision if an employer should be allowed to hire a temporary foreign worker, which can be positive, neutral, or negative.It is issued after Service Canada evaluates the effect the employer’s hire of a foreign worker may have on the labor market.

When can an employer apply for a LMIA?

The Canadian government urges employers to use LMIAs only as a last resort. Employers may only apply for LMIA if they have attempted to fill the position with a Canadian or permanent resident but have been unsuccessful. For that, an employer has to advertise the position for a month. If they can not find a local employee then they can begin recruiting for TFW (temporary foreign worker) either already in Canada or living elsewhere but meets the qualifications.

Does a LMIA allow a foreigner to work in Canada?

No. A positive or neutral LMIA only allows an employer to hire a temporary foreign worker in Canada. For a foreign national to work in Canada, they need a work permit issued by IRCC. To be eligible for the work permit, and you have to meet specific criteria depending on:

  • the offered position
  • your education
  • your work experience

Even if you meet all the requirements for the work permit, it does not ensure you will get one. The officers can still reject your application on the grounds of your

  • intention to return to your home country
  • family ties
  • financial ties
  • property ties
  • bounds to your home country
  • experience being irrelevant to the offered position
  • education being insufficient for the offered position
What happens when an employer gets a LMIA?

In all, for an employer to hire a foreign worker and for a foreign national to work in Canada, they must satisfy two bodies – ESDC and IRCC.Once the employer gets a LMIA, they provide its copy to the foreign national they intend to hire. The foreign national then includes the LMIA in their work permit application.

Conclusion

Once the work permit application process is complete, the IRCC or CBSA issues a work permit and VISA depending on the foreign national’s country of origin. In case when the applicant already resides in Canada, they will have to go through the in-Canada application process.Once the applicant gets the work permit, the employer has to abide by the conditions set out in the LMIA, like wages, working conditions, overtime conditions, location of work, etc.