The following is the opinion of a Burnaby immigration consultant that has chosen to remain anonymous. It may or may not reflect the opinion(s) of RS Immigration Corporation. RS Immigration Corp provides assistance with Canadian immigration applications.
A common question among clients is, should they sponsor a spouse within Canada or use an out of Canada spousal application. The answer to this question is always the same, it depends on your circumstances.
Each couple’s situation is different. Depending on the circumstances, the advantages/disadvantages should be weighed and the corresponding spousal sponsorship application initiated. Here are three common questions with answers to consider when making this important decision.
1) Is your spouse or common law partner within Canada?
For sponsoring a spouse within Canada, your spouse must be within Canada. If your spouse is not within Canada, they may need a visa for Canada. Moreover, entry is not guaranteed. For visa exempt spouses, Canada Border Services (CBSA) will make an assessment on your entry and don’t forget about the electronic travel authorization (eTa) coming in to force soon.
If your spouse is not within Canada, sponsoring a spouse within Canada is not an option.
2) Do you need your spouse or common law partner to be working while the sponsoring a spouse within Canada application is processing?
Before, open work permits were available when sponsoring a spouse within Canada after first stage approval. Now, CIC has a one year pilot program, effective December 22, 2014, that issues open work permits to applicants applying for permanent residence under the spouse or common law partner in Canada Class. Using this pilot program when sponsoring a spouse within Canada, you can receive an open work permit in approximately four months, depending on wait times.
There is no work permit available for an out of Canada spousal sponsorship application.
3) What if my sponsoring a spouse within Canada application is refused, what are my options?
The answers to questions 1 and 2 favor sponsoring a spouse within Canada as the better option. However, appeal rights are an important factor that should be considered. As they differ depending on sponsoring a spouse within Canada versus an out of Canada spousal sponsorship application.
Sponsoring a spouse within Canada does not have appeal rights. The only way to contest a negative decision is a judicial review. With an out of Canada sponsorship application an appeal is available.
If an appeal is required for an out of Canada sponsorship application, new information/documents can be provided to the decision maker. New information and documents are a very useful rebuttal tool, giving a better chance of overturning a negative decision.
In a judicial review, the information/documents that have already been provided are the documents reviewed by the decision maker. Since, the deciding officer made a negative decision based on the information already provided, what are the chances of overturning a negative decision based on the same information? So, save money, time and make your decision wisely by using RS Immigration Corporation.
Do you have questions about sponsoring a spouse within Canada? How to apply sponsorship in Canada? Or other question? For assistance navigating your Canadian immigration application and increase your chances of success contact RS Immigration Corp (click here)