May 2021 - Doherty Fultz Immigration

overseas spousal sponsorship from outside canada

One of the great things about sponsoring your spouse or common-law partner is that if you live outside Canada, you don’t have to wait until you return to Canada before you submit the application. However, there are several things you need to know.

The Sponsor must be a Canadian Citizen

In order to sponsor a spouse or common-law partner (including dependent children) while living outside Canada, the sponsor MUST be a Canadian citizen. Even though a sponsor can be a Canadian citizen or permanent resident if the sponsor resides in Canada, the sponsor can only apply for PR for their spouse from outside Canada if the sponsor is a Canadian citizen. Permanent residents can only sponsor family members for PR in Canada if they reside in Canada. This requirement is written in the Immigration and Refugee Protection Regulations.

The Principal Applicant (person being sponsored) must be the spouse or common-law partner of the sponsor

Even if the sponsor is Canadian, it is not possible to sponsor a member of your family while living outside Canada unless the person being sponsored is the

spouse /common-law partner / conjugal partner of the sponsor
the dependent child of the spouse or partner who is included on the application
the dependent child of the sponsor.

Parents, grandparents, or any other family member cannot be sponsored while the sponsor is residing outside Canada.

The sponsor and principal applicant MUST intend to reside in Canada once the sponsorship application is approved

If the sponsorship application is being submitted from outside Canada, the sponsor and principal applicant have to prove that they intend to reside in Canada as part of their sponsorship application. This proof is in addition to all of the other documentation required such as proof that the relationship is genuine. If the sponsor and principal applicant are found NOT to have resided in Canada after their sponsorship application was approved, IRCC can find that both the sponsor and principal applicant are guilty of misrepresentation, and can move to revoke the permanent residence of the principal applicant.

The sponsor, the principal applicant, and any dependent children must meet all of the other requirements for sponsorship

Even if the sponsor lives outside Canada, all of the other requirements for sponsorship still apply:

The sponsor must meet the income and eligibility requirements
The principal applicant and any dependent children must be admissible to Canada
The relationship between the sponsor and principal applicant must be bona fide and genuine

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Usually, 6 months. However, how long you can stay in Canada as a visitor once you have entered the country is at the discretion of Canada Border Services Agency (CBSA). NOTE: How long a visitor visa is valid has absolutely no impact on how long a person can remain in Canada – the validity period of a visa in a passport is permission for boarding a plane or crossing the Canadian border only, and does not impact how long the holder can remain in Canada.

If you are a permanent resident or citizen of Canada, then of course you never have to leave. If you are a worker or student, then you have to apply to extend your status or leave Canada prior to the expiry date of your work permit, study permit, or before the date you have been advised by Canada Border Services Agency if you are allowed to work or study without a permit.

The rules are not always as straightforward for a visitor.

How long a visitor can remain inside Canada is determined by CBSA upon the person’s entry to Canada. Nearly every visitor is allowed to stay for a maximum of 6 months once they have entered Canada. However, this is not a universal rule.

When Visitors Must Leave Before 6 Months Is Over

CBSA will ask questions to every person who enters Canada. If the person is a visitor, CBSA can determine that they are only allowed to stay for a certain period of time. This period of time may be less than 6 months if the CBSA officer believes that the visitor may not leave Canada when they are supposed to. In this case, the CBSA officer would issue the visitor what’s called a Visitor Record at the time of their entry. A Visitor Record is a paper document indicating the expiry date of the person’s visitor status, and the visitor must either leave Canada by that date, or must submit an application to extend their visitor status by that date.

As long as the application to extend is submitted on or before the expiry date of their status, the person may continue to remain in Canada legally until a decision is made on their extension application. This is called implied or maintained status. You can find more information about implied/maintained status here.

When Visitors Can Stay In Canada Longer Than 6 Months

Just as CBSA can force a visitor to leave sooner than 6 months, they can also allow a visitor to stay for longer than 6 months. This is most common when visitors are entering with their spouse or common-law partner who is a Canadian citizen or permanent resident. For example, when the couple plans to submit a sponsorship application in the near future, CBSA will sometimes allow the foreign partner to be issued a Visitor Record for 12 months.

Super Visa

If the visitor is the holder of a Super Visa for parents and grandparents of Canadian citizens and permanent residents, then they are allowed to enter Canada for up to 2 years at a time rather than up to 6 months at a time. They can also apply for an extension of up to 2 years from inside Canada.

Applying for a Visitor Record from Inside Canada

Regardless of how long you have been allowed to enter Canada for as a visitor, you can always submit an application to extend your status. This is the case regardless of whether you have been given 6 months, 12 months, 90 days, or 1 week to stay in Canada as a visitor. As long as you apply to extend before your status expires, then you are still legally in Canada.

In order for a visitor extension application to be approved, the applicant needs to be able to demonstrate why they need to stay in Canada longer (such as to submit their In-Canada sponsorship application), and that they have the money to support themselves without working, as well as meeting the other eligibility requirements.

If your application to extend visitor status is approved, then a Visitor Record will be issued and sent to you via Canadapost. Then you can apply to extend your status as a visitor again if necessary – you may continue to apply to extend your status as a visitor indefinitely until the application is refused. It is possible to remain in Canada as a visitor for years. However, if you receive a visitor record that is valid for only 30 days (or less) by the time it is approved, this is a warning that you are remaining in Canada for too long as a visitor and that the next application to extend will likely be refused.

What if I am the spouse or common-law partner of a Canadian citizen or permanent resident?

Being the spouse or partner of a Canadian citizen or PR does not confer any special privileges in terms of how long you can remain in Canada. All of the above information still applies to you, and you can continue to apply to extend your stay from within Canada. You can also apply for permanent residence from within Canada under the spouse or common-law partner in-Canada Class.

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Month: May 2021

What You Should Know Before Applying for Canadian Family Class (Overseas) Spousal Sponsorship From Outside Canada

The Sponsor must be a Canadian Citizen

The Principal Applicant (person being sponsored) must be the spouse or common-law partner of the sponsor

The sponsor and principal applicant MUST intend to reside in Canada once the sponsorship application is approved

The sponsor, the principal applicant, and any dependent children must meet all of the other requirements for sponsorship

How Long Can I Stay In Canada As A Visitor?

When Visitors Must Leave Before 6 Months Is Over

When Visitors Can Stay In Canada Longer Than 6 Months

Super Visa

Applying for a Visitor Record from Inside Canada

What if I am the spouse or common-law partner of a Canadian citizen or permanent resident?

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