Sponsoring your spouse

Spousal connections
With recent policy changes on spousal sponsorships, there is much to consider before you send in your application.

Under the Immigration and Refugee Protection Act, Canadian citizens and permanent residents can sponsor their spouse to immigrate to Canada.

Citizens or permanent residents already cohabiting with their spouse in Canada can file a sponsorship application as a member of the “in-land class” of applicants or abroad as a member of the “family class” of applicants. When one spouse lives in Canada and the other spouse lives abroad the application must be made through the family class.

Which class you choose to use will impact who assesses the application, what rights the applicant has and the processing time that it takes to finalize the application. The in-land class is processed entirely in Canada and the family class is processed partially in Canada and partially at the visa post that services the applicant’s country of citizenship or residence.

There are a number of benefits in using the family class, including a right to appeal if the application is refused, historically faster processing time than the inland class and the applicant is free to live outside of Canada while the application is being processed.

Also, filing a family class application does not mean that you must be outside of Canada while the application is being processed. Applicants can be in or travel to Canada while the application is being processed so long as the applicant stays in status — that is, he or she has a valid visa.
The benefits of applying through the in-land class include the ability to continue to cohabit with your spouse while the application is being processed and an entitlement to an open study permit or work permit (once the application is approved in principle, but before a permanent resident visa is issued).

Be aware that the applicant cannot live outside Canada while an inland class application is being processed, but short trips abroad are typically allowed. Also, if the application is refused, in-land sponsors are not entitled to an appeal of the decision.

On February 18, 2005, Citizenship and Immigration Canada announced a new policy that prioritized the processing of all spousal applications and removed the requirement for in-land spouses to be in status when their application is submitted. That being said, it is always advised to remain in status when possible while in Canada.

This policy has opened Canada’s doors to spouses who are in Canada and whom are, for example, failed refugee claimants or people who forgot to extend their study, work or visitor visas.

To qualify under this policy, an applicant must be sponsored by a Canadian citizen or permanent resident who is their genuine spouse and with whom they cohabit.
There are a number of restrictions that will make a person ineligible for the program. For example, an applicant will not qualify if inadmissible to Canada for criminal, security or serious public health risks.

One of the most contentious issues stemming from this policy is the effect it will have on persons who are in the process of being removed from Canada. Filing an in-land spousal application will not always stop removal from Canada. But, if an applicant is removed from Canada prior to approval of an application, the applicant will be allowed to return to Canada upon approval.
In 2004, an estimated more than 40,000 spouses were reunified with their Canadian spouse through family-class applications. For the thousands still waiting in queue, the new policy also brings hope of quicker processing times and quicker reunification.

Ryan N. Rosenberg, BA, LLB, is an immigration lawyer with Larlee & Associates. Email him at rnrosenberg@larlee.com.