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Inland Spousal Sponsorship. Is it too risky?

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JavaMama View Drop Down
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    Posted: 23 Jul 2012 at 1:44pm
Hello,
Im trying to get some more information on the Inland Sponsorship for spouses who are already in Canada/ I read that the spouse may or may not have status but can still be sponsored. How does this work and why is it considered too risky?
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BAM123 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote BAM123 Quote  Post ReplyReply Direct Link To This Post Posted: 23 Jul 2012 at 3:07pm
I don't believe it's risky, perhaps if they are here illegally then ya it's risky.  I am currently doing it and i haven't experienced anything.  I haven't received the approval, however we should be getting it next month.  The only thing I can tell you is that if your application gets denied, you cannot fight it.  There's a bit of risk.
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computergeek View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote computergeek Quote  Post ReplyReply Direct Link To This Post Posted: 23 Jul 2012 at 3:22pm
Originally posted by BAM123 BAM123 wrote:

I don't believe it's risky, perhaps if they are here illegally then ya it's risky.  I am currently doing it and i haven't experienced anything.  I haven't received the approval, however we should be getting it next month.  The only thing I can tell you is that if your application gets denied, you cannot fight it.  There's a bit of risk.


The issue is that while the application is in process, the sponsored spouse is strongly advised not to leave Canada.  Otherwise, if they are refused the right of re-entry into Canada, the application is abandoned.

As to the last point ("if your application gets denied, you cannot fight it") the statement is not strictly correct.  You cannot apply to the IAD for review - and the IAD is allowed to consider H&C grounds for overriding the visa office's decision - but you are allowed to challenge the decision in the Federal Court of Canada ("judicial review").  JR is a much more restrictive process as you may only argue that there was an error in "natural justice" (that the officer's decision was unfair in light of the facts and the reasons given) or there was an error in law (that the officer reached a decision that is contrary to law.)  It's not a particularly pleasant process but JR has one slight advantage over IAD review - it's faster (it only takes about 9 months for judicial review, versus a couple of years for an IAD review.)

If your spouse can stay with you during the processing and the processing time for inland is shorter than outland for your spouse's home country, go with Inland.

Good luck!

FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
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Post Options Post Options   Thanks (0) Thanks(0)   Quote JavaMama Quote  Post ReplyReply Direct Link To This Post Posted: 24 Jul 2012 at 2:52pm
Thanks for your responses. My visa is set to expire whilst the sponsorship is in progress. I read that a Canadian spouse can sponsor their partner even if the sponsored spouse is here without status. Is that true? According to what BAM 123 posted, I would be here illegally after my visa is up so what exactly is the risk I would be facing in that case?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote RobsLuv Quote  Post ReplyReply Direct Link To This Post Posted: 24 Jul 2012 at 3:44pm
Originally posted by JavaMama JavaMama wrote:

Thanks for your responses. My visa is set to expire whilst the sponsorship is in progress. I read that a Canadian spouse can sponsor their partner even if the sponsored spouse is here without status. Is that true? According to what BAM 123 posted, I would be here illegally after my visa is up so what exactly is the risk I would be facing in that case?
One of the advantages of inland is that if you have valid temporary status when you submit the application, you also submit an application to change conditions/extend current status WITH the inland PR ap and, as long as both applications are received by CPC-V while your original temporary status is still valid, you benefit from "implied status" to remain legally while the application is in process under the terms of your original permit.  In other words, if you were in Canada with a work permit and filed an inland spousal application while your work permit was still valid, you could continue to work under the terms of that work permit, even after it's expiration, until first stage approval (and most likely a new open work permit) was issued. 

This is great for people who come to Canada on work or study permits (especially if they are from non-visa-exempt countries) because it allows them to remain with their partner and continue with the terms of their original entry until such time as they receive first stage approval - and, eventually, permanent status.  Most applicants will apply to change their conditions to an open work permit at first stage approval.  The main disadvantage is the length of time it takes to get to first stage approval - currently at least 11 months.  That's fine for someone who came to Canada with a work or study permit because they simply continue on with the status they had - but it's a bit daunting for someone who was admitted only with visitor status because they end up having to remain in Canada until first stage approval as a visitor - unable to work or go to school until after first stage is assessed.  However, in spite of the lack of appeal rights and being stuck (essentially) in Canada for the duration (it's another 6-8 months to finalize the process once first stage is granted), the inland process can be an advantage to some - especially to those who are non-visa-exempt and actually manage to get into Canada legally in the first place, who don't want to be separated from their spouse while waiting for PR. 

It's important to realize, though, that the inland process is NEVER required for any applicant, even ones who want to wait out the PR process in Canada.  Applicants are able to apply through the visa office that represents their home country and still remain in Canada legally while waiting for the process to finalize.  All you have to do to remain in Canada legally is apply to extend your status (same as above) while your entry status is still valid, and support that application with proof of the relationship and a sponsorship ap in process (or being submitted).  Most overseas processing is faster than inland - the only issue (again, especially for a non-visa-exempt applicant) would be getting back into Canada after having to leave to attend an interview (if one is required - often they are waived) at the processing embassy. 

So, whether inland is the best choice for you depends on quite a few factors - where you're from (visa-exempt or not), what your current status is in Canada, whether you can tolerate remaining in Canada for the duration of what will probably be 18 months of processing, and whether there are any risk factors that could make the right of appeal an important consideration for you.  If you would like to go over your situation with me, I'm pretty well-versed on the inland vs outland choice (having had to make that decision myself) and I'd be happy to talk it over with you.  Just send me a PM and I'll get back to you ASAP.


Edited by RobsLuv - 24 Jul 2012 at 3:53pm
3/2007-applied
1/2008-Refused
12/2008-ADR failed
1/2010-Appeal allowed
4/2010-In Process(Again)
5/2010-request FBI/meds
8/2010-FBI recd
11/30/10-APPROVED!
1/31/11-LANDED!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote MajidS Quote  Post ReplyReply Direct Link To This Post Posted: 24 Jul 2012 at 4:11pm
There is a subtle point that many seem to miss about applications being processed inland or outland. There is no right or wrong approach. All applicants go through the exact same routine, either in or out.
 
It is not the fact that an application is being processed inland, that makes it better. It is the fact that most applicants inland have already gone through security, medical checks and have most likely settled in Canada successfully, that makes their applications stronger. Below are examples for what I mean:
 
Outland and Inland Prospect (Very Good) for:
- a visa exempt national (say an American, British), with no security or medical complications, with a Canadian spouse that has a great job and future within Canada and has exceptional history within Canada (of residence, taxes etc).
 
Outland and Inland Prospect  (doubtful) for:
- a visa exempt national (say an American, British), with no security or medical complications, with a Canadian spouse that has no job and future within Canada and has a bad history within Canada (of residence, taxes etc), a Canadian spouse who has lived quite a lot overseas instead of in Canada.
 
Outland and Inland Prospect  (doubtful) for:
- a visa non-exempt national (say Indian or Somali, just for arguments sake), with some security or medical complications, with a Canadian spouse that has a great job and future within Canada and has exceptional history within Canada (of residence, taxes etc).
 
I hope the above illustrates my point. The fact that one is INLAND in itself is not the issue. You can be Inland, having lived in Canada for 50 years, having paid taxes in the millions, and yet be disqualified because they doubt something either in your security or medical clearance. More than a decade ago I had applied for residency under the FSW class to Buffalo (rather than my country of origin). Was my application treated favourably? YES, it was. Compared to my fellow country folk back home my application was processed 50% faster, with no hassle whatsoever: the interview, exams and everything waived. Had it anything to do with the fact that I was inland? NO. It had to do with the fact that I was a graduate of a Canadian university and had already been in Canada for 6 years with a good history; the fact that I was already working, paying taxes and contributing. I can bet if I was not qualified, they would have rejected my application straight away. The point is, the risk factor has nothing to do whether you apply inland or outland. It depends on the sponsor and sponsoree.
 
So, if a foreign national within Canada is already a weak candidate for sponsorship (that is, he/she has a history or non compliance with visas, has some security or medical concerns, has had no real strong economic contribution to Canada, his/her sponsoring spouse is on welfare and has not really lived in Canada for long), that foreign national's chances are the exact same either Inland or Outland: bleak.


Edited by MajidS - 24 Jul 2012 at 4:25pm
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suesuesue View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote suesuesue Quote  Post ReplyReply Direct Link To This Post Posted: 12 Feb 2018 at 10:55pm
Hi, is it possible to speak with me about this process? I'm currently gathering my documents for an Inland sponsorship and I'm all nerves and was wondering if you could help with some answers. Thanks
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