One of the main advantages for an in-land (in Canada) spousal sponsorship application is that the primary applicant can apply for an Open work permit to work and stay in Canada as well as receives the healthcare benefits after the first stage approval. The applicant spouse in Canada must have valid temporary resident status either as a visitor, worker or student, to qualify to apply for an open work permit. Contrarily, inland has the downside that it’s generally not advised that your spouse travels while you are waiting for your processing because it is a requirement of inland that they reside in Canada, and if denied entry at the border for any reason, the application is scrapped. If an interview is required for inland, you may also have to wait a long time for it.

It is actually a good idea when applying inland to send an application form for a visit visa extension as well as the open work permit to be given at first stage approval all in one package so it’s tied together.

Outland is generally faster and has appeal rights but a downside to outland is that if an interview is required, your spouse will have to travel to the visa office in the country where it’s being processed.

Many individuals, sponsored under family class, visit Canada with Temporary Resident Visa (TRV) or eTA or belongs to a Visa-Exempt country. It is equally difficult to gain TRV from a visa required country during the process. This may exceptionally frustrate the partners during the process. 

Some intending to apply for sponsorship apply for a TRV as a first step and then come to Canada to apply for inland sponsorship. The others do opposite. While immigration officers have to see that applicants for temporary visas will leave at the end of their authorized stay, it is not impossible to apply for TRV after Sponsorship application provided it serves the “Dual Intent”. As quoted from the Act, Dual Intent means “An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay.”

Henceforth, applying for a TRV, of any kind, does not stop you from applying for permanent residence.

Proving relationship is the stepping stone of the application. So, make sure your relationship meets the family class requirements of the right class.

A married couples are immediately eligible for the application. Whereas, for common-law relationship, you need to prove that you have lived together for 12 months or longer. Furthermore, for conjugal partner application, you need to prove that you have combined your affairs as much as possible but there are real immigration barriers or other barriers preventing you from living together or getting married. Conjugal partnership is the hardest to prove. 

If the relationship was primarily entered for a purpose of acquiring status in Canada or the relationship itself was fraudulent, there are negative consequences. Both remains the most common reasons for refusal. One has to be mindful that not being able to prove the relationship is also a factor contributing the cause.

Here are some indicators which immigration officers are trained to look for:

• Similar relationship in the past;
• Marriage pictures that do not include parents or any family members;
• Private ceremonies are performed by a justice of the peace;
• The reception is informal e.g. in a restaurant;
• The sponsor is often uneducated with a low-paying job or on welfare;
• There are usually no “diamond” rings or customs followed in the religion;
• Couples usually do not have a honeymoon or a private space;
• Relationship between the individuals that is unusual due to their age, education, skills, are more.

Your spouse could have a history of refusal or denial to Canada as Visitor, Student, Worker or Permanent immigrant. This does not affect your application, so far as the information in the application does not contradicts with the past submission of your spouse.

Admissibility is another important factor to be considered. A person cannot be admitted in Canada if they remain inadmissible for various reasons including but not limited to Misrepresentation or Criminal charges. 

The person sponsored should be admissible in Canada. Immigration officers takes admissibility concerns very seriously; rather it be for Criminal, financial or health reasons. Missing to provide information or hiding information is defrauding the system and has consequences that can revoke Permanent residency as well as Canadian citizenship, even after several years of being awarded.

A person can be sponsored with a criminal record in any country. The most important step in sponsoring a spouse with a criminal record is to resolve it by an option of record expunged, obtaining Criminal Rehabilitation or deemed rehabilitated. Criminal Rehabilitation demonstrates that you have proved without doubt that criminal activity was the past, and you are very unlikely to reoffend as well as you are not a threat to a Canadian.

Low-income-cut-off (LICO) is NOT required for sponsoring your spouse and/or dependent child, except if the sponsor or the person being sponsored has their own dependent child. 

Furthermore, providing information about employment and income source demonstrates the sponsor’s circumstances, but the spouse’s and/or a dependent child’s application for PR is not denied because the sponsor does not make enough money or is unemployed. Immigration department is at the liberty to raise a concern and demand a plan to support the family in question, in case the sponsor is not making enough earnings.

Spouse and a dependent child are also exempt from excessive demand on health care. Hence, the application does not get refused on the health grounds.