Applying for a Common-Law Partner or Spousal Sponsorship Application

Pros and Cons of Applying Within Canada or Outside of Canada

Every couple is looking for a slightly different solution when it comes to understanding which sponsorship application is the best fit for you. Some couples are separated by vast distances and restricted by immigration rules, and their primary concern is to be with their partner as soon as possible or remain with their partner throughout the whole application process. While other couples don’t want to come to Canada until they can both legally work in their area of expertise.

Below is an outline that may help you understand whether the In-Canada Spousal or Common-Law Sponsorship or the Outside of Canada sponsorship is the best route for you and your partner. Note: time lines are subject to change, this is to be used as a guideline.

CIC’s Estimated Processing Time Frames For Spousal Sponsorships

*as of January 4, 2012	Processing Times for Sponsorship* (Step 1)	Processing Time - Finalizing the Application at Visa Office* (Step 2)
Application From Within Canada	11 months	8 months
Application from Outside Canada	67 days	5 to 30 months depending on country of application (11 months from the USA, 7 months from the UK)

Applying from Within Canada

PROS	CONS
Applicant get apply for an open work permit at the time application is submitted.	Takes approximately up to 9 months to receive approved sponsorship/open work permit.
Applicant can live and work in Canada.	Finalizing the application can take longer (this depends on which other countries you may be eligible to apply from). Generally, in-Canada applications have a longer processing time.
Applicant can apply for and receive BC’s Medical Services Plan (MSP).	There is no right to appeal a refusal decision (applicant would have to apply under a different category).
Less proof of relationship required; also easier to acquire proof as documents likely already exist, i.e. rental receipts with both partners name on it, insurance papers addressed to both.

Applying from Outside Canada

PROS	CONS
Application will be processed faster (depending on the countries you are eligible to apply from).	Applicant may be separated from partner if the applicant is not able to visit or stay in Canada during the process.
When your application is approved you will arrive in Canada and claim your Permanent Resident status allowing you to work in any occupation and live anywhere in Canada.	More proof of relationship will be required.

Please contact us through our Free Sponsorship Assessment to submit a request for more information about our professional services.