Spousal Sponsorship-->Inland vs Outland

[stenneeto]

Hello. I have questions about spousal sponsorship and would like some clarification. I am a Canadian citizen and my girlfriend is from Belgium. We are wanting to get married in about a year, but we do not have all the information about the two types of spousal sponsorship. I have researched both types: inland and outland, but we are unsure about which one would be best to pursue. Here is a few pros and cons of each I have found on both types. It may not be the correct information, so feel free to interject.

Inland
Pros:
-Your spouse lives with you in Canada
-Your spouse may apply for a work visa and work while the application is being processed
Cons:
-The processing time is significantly longer than outland
-Your spouse cannot be fired or quit the job they are working at. If they do they can be imported back to their country of origin.
-Your spouse can travel out of the country, but may be restricted access back into the country and your application is void.
-If your spouse's application is denied, they cannot reapply.
-Your spouse's open work permit is done by the employer giving a job offer. They cannot work at any job they want.

Outland
Pros:
-The processing time is significantly shorter (depending on country of origin)
-Your spouse may live with you in Canada and travel freely in and out of the country
-If your spouse's application is denied, they can reapply
Cons:
-Your spouse cannot apply for a work permit and/or work until their application is approved
-If your spouse is on a visitors visa they can only stay within Canada for 6 months and then fly back to country of origin and remain there until application is approved. (After the 6 months are up, how long does my spouse need to go back to her country of origin?)
-Your spouse cannot do any (under the table) jobs while their application is being processed. If caught they can be deported back to their country and the application is void. (My girlfriend owns a property in her country of origin. Is money received from external sources that is not a job acceptable?)

This is all the information I have gathered through other websites. Please feel free to interject if the information is incorrect. Its best that I have all the correct information before we can make a decision.

 

[scylla]

Your post has several inaccuracies.

For inland - there's no rule stating the spouse cannot be fired or quit. They have an open work permit. Whether they work or not and for whom is up to them. The OWP is not linked to a specific employer - it's an open work permit that allows them to work for any employer.

For outland - it's incorrect to say that a spouse can travel in and out of Canada freely. What's more accurate to say is that their application will continue to be processed regardless of whether they are in Canada or outside of Canada. Whether they are allowed back into Canada after they leave is up to CBSA and not guarateed.

For outland, the spouse can apply for a closed work permit provided they have a full time job offer and approved LMIA from the employer.

The income from the property will not be classified as illegal work and is fine.

 

[stenneeto]

Thank you for your post. I have a few questions: what is OWP, CBSA, and LMIA? What is a closed-work permit?

 

[profiler]

Inland
Cons:
-If your spouse's application is denied, they cannot reapply.

You can re-apply as many times as you want, really. You have no appeal though. So you'd have to apply with corrections. That said, the approval rates for inland are 85% as of late.

-Your spouse's open work permit is done by the employer giving a job offer. They cannot work at any job they want.

Nope. If your partner submits a medical upfront with her application, there is only very little restrictions (like high security type of work). Your partner could work for basically any one any where.

Outland
Pros:
-Your spouse may live with you in Canada and travel freely in and out of the country

'Stay' with you, yes. 'Live' with you, not until approval.

-If your spouse's application is denied, they can reapply

Your spouse can appeal. You can re-apply with any application to Canada (except Refugee I believe?).

Outland
Cons:
-Your spouse cannot apply for a work permit and/or work until their application is approved

Your partner could apply for a closed work permit. That would require the employer submit a Labour Market Impact Assessment (LMIA). But your partner could only work for that employer in that role under that work permit.

-If your spouse is on a visitors visa they can only stay within Canada for 6 months and then fly back to country of origin and remain there until application is approved. (After the 6 months are up, how long does my spouse need to go back to her country of origin?)

You can apply to extend your stay: http://www.cic.gc.ca/english/visit/extend-stay.asp .

-Your spouse cannot do any (under the table) jobs while their application is being processed. If caught they can be deported back to their country and the application is void. (My girlfriend owns a property in her country of origin. Is money received from external sources that is not a job acceptable?)

Any work is unacceptable. Sources of money other than work are fine.

 

[profiler]

Thank you for your post. I have a few questions: what is OWP, CBSA, and LMIA? What is a closed-work permit?

OWP - Open Work Permit
CBSA - Canada Border Services Agency
LMIA - Labour Market Impact Assessment

 

[stenneeto]

Thank you for your reply. I'm a little confused as to what you mean by this:

Outland
Pros:
-Your spouse may live with you in Canada and travel freely in and out of the country

'Stay' with you, yes. 'Live' with you, not until approval.

Are you saying that your spouse cannot get a Canadian drivers licence, medical insurance, SIN card, banking account, etc. until their application is approved?

 

[profiler]

Thank you for your reply. I'm a little confused as to what you mean by this:

Outland
Pros:
-Your spouse may live with you in Canada and travel freely in and out of the country

'Stay' with you, yes. 'Live' with you, not until approval.

Are you saying that your spouse cannot get a Canadian drivers licence, medical insurance, SIN card, banking account, etc. until their application is approved?

Living implies that your partner has a right to be in Canada (and therefore not subject to being refused re-entry, or removal). Only people who possess Citizenship or Permanent Residence have a right to be in Canada. Every one else is essentially 'Visiting' or 'Staying'.

Visitors can get bank accounts, Driver's Licenses (though you'd have to prove where you live, which can be tricky), no SIN for sure (unless they have a work permit, then a temporary SIN (9xx-xxx-xxx) will be issued), no provincial medical coverage either (depending on which province you are going to -- Ontario will issue an OHIP card if there is a work permit + full time continuing employment or first stage PR approval, for example).

 

[stenneeto]

Thanks for the reply. Question: what is an appeal in regards to if your application has been denied? Is an appeal the same or different as reapplying for the application?

 

[profiler]

Thanks for the reply. Question: what is an appeal in regards to if your application has been denied? Is an appeal the same or different as reapplying for the application?

An appeal drags the CIC officer and the file in front of an Immigration Judge to decide if your claims regarding the initiating refusal should be reconsidered based on whatever additional or new evidence you provide. Generally something like an officer made a mistake in deciding, for example, could be appealed.

Re-applying is just filling out the paperwork again and starting the process over. In most cases, re-applying is the better solution. Appeals cost money and time..