One of the more bizarre features of Canadian immigration law is the distinction between what is generally referred to as the “sponsorship within Canada” process and the “sponsorship outside Canada” process. “. The biggest myth is that if a couple resides in Canada, then they must use the “sponsorship within Canada” process. This is not true. However, each program has advantages and disadvantages over the other, and I have provided a list of the main features and requirements of each program below.
Processes within Canada |
Processes outside Canada |
The spouse/common-law partner must maintain a bona fide marital relationship that was not entered into for the primary purpose of acquiring an immigration benefit. | The spouse/common-law partner must maintain a bona fide marital relationship that was not entered into for the primary purpose of acquiring an immigration benefit. |
The spouse/common-law partner must reside together in Canada. | Spouses/common-law partners are not required to reside together in Canada. Additionally, once a common-law relationship is established, periods of separation will not change their common-law status if there is a short separation that does not end the common-law relationship. |
The applicant must live with their spouse/common-law partner in Canada for the duration of processing. | The applicant can live with their spouse/common-law partner in Canada for the duration of treatment, but this is not obligatory. |
Immigration documents are sent to a processing center in Canada and remain in Canada. | Immigration documents are sent to a processing center in Canada and then may be transferred to a visa station outside of Canada. |
If the applicant has valid temporary resident status in Canada and submits an application to extend that status in Canada with the application for permanent residence, then the applicant will have implied status during the processing of the application for permanent residence, provided that he is not leaving Canada. Canada. | If the applicant has valid temporary resident status in Canada, they must maintain their status. The process is separate from the application for permanent residence and there is no implied status during processing. |
Immigration, Refugees and Citizenship Canada will process the application even if the applicant does not have valid temporary resident status in Canada. If an individual has an application in process and is detained by the Canada Border Services Agency because they are without status, the applicant will generally benefit from a 60-day deferral period and Citizenship and Immigration Canada will will endeavor to process the application for permanent residence within the following deadlines. 60 days. | Immigration, Refugees and Citizenship Canada will not process the application if the applicant does not have valid temporary resident status in Canada. |
The current processing time is 12 months. The applicant will receive a “first stage approval” approximately halfway if it is determined that the spouse/common-law partner is bona fide, and the applicant will be entitled to an open work permit. | Processing times vary depending on the visa post and range from 4 months to 38 months. There is no first stage approval for the issuance of open work permits. |
There is currently a pilot project in place to provide work permits to applicants who have valid temporary resident status after 2 months of processing. | Applying for permanent residence is completely separate from any ability to work in Canada. |
There is no right of appeal to the Immigration Appeal Division. The only recourse is an application for judicial review to the Federal Court. | There is a general right of appeal to the Immigration Appeal Division, except for denials based on serious crime, terrorism, national security, espionage, and other similar serious issues. The only recourse in these situations is an application for judicial review to the Federal Court. |
If the applicant leaves Canada and for any reason is refused entry by the Canada Border Services Agency, the application for permanent residence will be refused and the applicant will have to start from scratch from outside of Canada. | If the applicant leaves Canada and, for whatever reason, the Canada Border Services Agency refuses entry, this will generally not impact the application for permanent residence. |
Legislative requirements
The following concise summary of the requirements of the family class and sponsorship within Canada was obtained through a Access to Information Act request.
Case law
In Fashina v. Canada (Citizenship and Immigration)2023 CF 1295the Federal Court stated that in the group of spouses or common-law partners, although there is no requirement that a couple be “continuously present to each other”, any interruption in cohabitation “the separation must be temporary and short.”
Children abroad
Section 5.11 of Citizenship and Immigration Canada’s Inland Processing Manual 8 – Spouse or Common-Law Partner in Canada states:
For dependent children living outside of Canada, the (Case Processing Center – Vegreville) will send a copy of the application for permanent residence listing the dependent children and their relevant contact information to the responsible visa office for verification of the relationship, once the sponsor and applicant have been assessed and approved against the eligibility criteria.
The visa office will determine the admissibility of dependent children outside of Canada, conduct interviews if necessary and notify the CPC-V of the outcome by updating the electronic file. The CTD then informs the CIC (office) responsible for the applicant’s place of residence that permanent residence can be granted. Once the CIC (office) has granted permanent residence to the principal applicant, it will notify the visa office, which will issue permanent resident visas to dependent children abroad who apply for permanent residence.
There are many differences between domestic sponsorship in Canada and sponsorship from outside Canada. Whether children outside of Canada can accompany the principal applicant in the same application is not one of them.
Statistics – Approval Rate
Please note that the statistics below were obtained through a Access to Information Act request.
Here are some statistics regarding the approval rate for the spousal sponsorship program within Canada.
The following table shows the approval rates for the sponsorship process inside Canada compared to the sponsorship process outside Canada.
The following shows approval rates for temporary resident visas compared to electronic travel authorizations for individuals whose family class applications are being processed.
Here are statistics on spousal sponsorship approval rates within Canada based on country of citizenship for 2019-2021.
Country of origin of approvals
Statistics – Processing times
The following shoe processing times for sponsorship applications within Canada from 2016 to 2021.
The following shows the processing times for overseas applications during the same period.
Here are the statistics by visa office.