Overseas vs In Canada
From Immipedia
Contents |
Introduction
There are two possible routes for the sponsorship of spouses and common-law partners, "overseas" and "in Canada" (or "inland"). The overseas route can be used wherever the applicant is currently living (including Canada). The inland route can only be used when the applicant is already inside Canada when the application is submitted. For this reason, the overseas route is often the only route that is available.
If the applicant is in Canada (or can get into Canada before submitting the application) both routes are available, and the applicant and sponsor will need to choose which route to take. Both routes have benefits and drawbacks, and which route is chosen will depend on individual circumstances.
Unfortunately, due to the way in which information is presented on Citizenship and Immigration Canada's website, the fact that spouses and partners in Canada can choose the overseas route is often not something sponsors and applicants are aware of. In many cases, people apply inland, when the overseas route would be a better choice.
Note, for the sponsorship of parents or dependent children, this comparison does not apply as there is no inland route for those sponsorships.
Benefits of the Overseas route
- There is a right of appeal.
- Processing times are generally faster.
- The applicant can still visit the sponsor during processing (depending on visa requirements).
- If already inside Canada, the applicant can leave Canada without risking jeopardising the application.
Drawbacks of the Overseas route
- The applicant will need to maintain their status in Canada entirely separately from the PR application.
- If refused an extension of stay in Canada, the applicant may need to leave Canada until processing of the PR application is finalised.
Benefits of the in Canada route
- The applicant can remain in Canada throughout the process
- By submitting an Open Work Permit application together (in the same envelope) with the PR application, the applicant does not need to maintain their status separately from the PR application. Even if their status expires, they will have implied status until Approval In Principle is reached.
- Furthermore, if the applicant has a work permit at the time the application is submitted, they may be able to continue working under implied status even after the current work permit expires.
- Out of status applicants (who have stayed in Canada too long, or worked or studied without permission) can apply inland without fear of this leading to them being deported.
- The applicant may be able to get health benefits sooner (depending on the province).
Drawbacks of the in Canada route
- Significantly longer processing times, potentially years if there are complexities or an interview is required.
- No right of appeal. This is important as if there are any criminality issues, or complexities that might lead to refusal then the sponsor and applicant should seriously consider applying overseas to preserve the right of appeal.
- The applicant should not leave Canada during processing. If refused entry back in to Canada for any reason, the PR application would then also be refused. A family emergency meaning the applicant having to travel outside Canada could jeopardise the PR application. (Typically once Approval In Principle is reached, applicants should be allowed back in, but it is still a risk.)
Comparison of Application Process
| Overseas | In Canada | |
|---|---|---|
| Application submitted to: | CPC Mississauga | CPC Vegreville |
| Sponsorship eligibility assessed at: | CPC-M, after about a month | CPC-V, after about 8-9 months |
| Relationship eligibility assessed at: | Overseas embassy, once application is transferred there | CPC-V, at the same time as the sponsorship assessment |
| If relationship is assessed positively: | Overseas embassies do not notify you at this stage, but there should be a note in CAIPS. | Approval In Principle is granted. Applicant is eligible for an open work permit. |
| If relationship is not assessed positively: | Embassy will request more information, and/or schedule an interview. | CPC-V transfers the file to local CIC office. Additional processing and/or interview in this case may take years. If eventually assessed positively, local CIC issues approval in principle. |
| Admissibility checks initiated by: | Overseas embassy | CPC-V (although it seems to vary whether or not they start the admissibility checks before or after approval in principle) |
| Once admissibility checks are complete: | Embassy issues PR visa. | CPC-V issues "decision made" and transfers file to local CIC office (or local office issues decision made if the file was already transferred before AIP) |
| Landing occurs: | If applicant is outside Canada, on entry into Canada. If applicant is in Canada, either they leave Canada and re-enter or (optionally) land at local CIC after requesting an appointment. | At local CIC (they schedule an appointment) |
Comparison of Application Times
Note: please check CIC's website for up to date processing times using the links below. These are only a rough guide for comparison between the two routes. Every case is different. Overseas times depend significantly on which visa office processes the application.
| Overseas | In Canada | |||
|---|---|---|---|---|
| Interview Waived | Interview Required | Interview Waived | Interview Required | |
| Sponsorship eligibility: | About 1 month | 8-9 months | ||
| Approval In Principle: | N/A | 8-9 months | 1-2 years, depends entirely on local CIC office | |
| Final decision: | The shorter end of the range for whichever visa office is processing. Globally, around 3-4 months after the visa office receives the file from CPC-M. | The longer end of the range for whichever visa office is processing. Globally, around 10 months after the visa office receives the file from CPC-M. | 8-14 months (sometimes finished at the same time as AIP) | |
| Total time: | Global average, around 6 months. | Global average, around 12 months. | 8-14 months | 2-3 years |
