Pathways From Temporary To Permanent Spousal Sponsorship In Canada

Canada, known for its welcoming immigration policies, offers several pathways for individuals who wish to bring their spouses to the country. One of the most popular immigration routes is the spousal sponsorship program. This allows Canadian citizens and permanent residents to sponsor their spouses for permanent residency. While many individuals may initially enter Canada through temporary status, such as a visitor visa or temporary resident permit, there are specific pathways for them to transition to permanent residency through spousal sponsorship.

In this comprehensive article, we will explore the different pathways available for individuals who enter Canada temporarily and wish to move to permanent spousal sponsorship.

1. Understanding Spousal Sponsorship in Canada

Before delving into the pathways, it is important to first understand what spousal sponsorship entails.

Spousal sponsorship is a program under Canada’s immigration system that allows Canadian citizens and permanent residents to sponsor their spouse or common-law partner for permanent residency. The goal is to reunite families and ensure that spouses can live together in Canada. This program is part of Canada’s family reunification strategy, which helps promote family unity and strengthens the social fabric of the country.

The process involves two main stages:

• Sponsorship Application: The Canadian citizen or permanent resident (the sponsor) submits a sponsorship application to Immigration, Refugees, and Citizenship Canada (IRCC).
• Permanent Residence Application: The foreign spouse or partner (the applicant) applies for permanent residency in Canada.

A successful spousal sponsorship application allows the sponsored individual to remain in Canada permanently, with access to health care, work permits, and other benefits.

2. Temporary Entry to Canada for Spouses

In many cases, spouses may initially enter Canada temporarily on a visitor visa or through other means. For example:

• Visitor Visa: A foreign spouse may visit their Canadian partner as a tourist. However, this visa does not grant the spouse the right to work or study in Canada.
• Temporary Resident Visa (TRV): Spouses may also enter Canada on a TRV, which may be issued for a period of up to six months.
• Temporary Resident Permit (TRP): In certain cases, spouses who are inadmissible to Canada may be granted a TRP to allow them temporary entry. This is typically given for specific reasons, such as if the individual has an overstay or other immigration violations in their history.

These temporary entry pathways often serve as the starting point for individuals who ultimately wish to transition to permanent residency in Canada. However, these individuals will need to follow specific procedures to change their status.

3. Transitioning from Temporary to Permanent Spousal Sponsorship

Spouses who enter Canada temporarily may wonder how they can transition from temporary status to permanent residency. Fortunately, there are several options to achieve this goal, each suited to different circumstances. The two main pathways are:

3.1 Inland Spousal Sponsorship

Inland spousal sponsorship allows spouses who are already in Canada temporarily to apply for permanent residency without having to leave the country. This is one of the most popular routes for individuals who want to stay with their spouse while their application is being processed.

• Eligibility Requirements: The foreign spouse must already be in Canada on a valid temporary status, such as a visitor visa, study permit, or work permit. They must also meet other requirements, such as being in a genuine relationship and having no history of criminal activity or medical inadmissibility.
• Work and Study Rights: One of the benefits of the inland sponsorship program is that the sponsored spouse may be eligible to apply for an open work permit while their permanent residency application is being processed. This allows them to work in Canada during the processing period.
• Processing Time: Inland spousal sponsorship applications are typically processed within 12 months. However, processing times can vary depending on the complexity of the case and the workload of IRCC.

Inland sponsorship can be particularly advantageous for couples who are already living together in Canada and want to avoid long-distance separation during the application process.

3.2 Outland Spousal Sponsorship

Outland spousal sponsorship is an option for individuals who are outside of Canada when they apply. However, this program is also available to those who enter Canada temporarily on a visitor visa or other status and then leave for their home country before applying for permanent residency.

• Eligibility Requirements: As with the inland route, the couple must prove their relationship is genuine, and the sponsor must meet the necessary income requirements. The foreign spouse must also be outside Canada when the application is processed, but the application itself can be submitted from inside Canada.
• Processing Time: Outland applications are typically faster than inland applications and can take between 12 to 24 months, depending on the country where the spouse resides. Since the application is processed outside Canada, the foreign spouse is generally not allowed to work in Canada during the processing period.

Outland sponsorship is suitable for couples who prefer to have their case processed by the visa office in the spouse’s home country. This route is often quicker and allows the spouse to reunite with their Canadian partner in a shorter timeframe.

4. Working While Awaiting Permanent Residency

Spouses applying for permanent residency through either inland or outland sponsorship may want to know if they can work while waiting for their application to be processed. The answer depends on the type of application submitted.

4.1 Inland Spousal Sponsorship and Work Permits

As mentioned earlier, one of the advantages of the inland spousal sponsorship route is the ability for the sponsored spouse to apply for an open work permit. This work permit allows them to work for any employer in Canada while their permanent residency application is being processed. It is typically granted within four months of submitting the sponsorship application, assuming that the application meets the necessary criteria.

4.2 Outland Spousal Sponsorship and Work Permits

In the case of outland spousal sponsorship, the foreign spouse is generally not eligible to apply for a work permit until they receive approval in principle or their permanent residency has been granted. As such, the spouse may need to wait until they have been approved for permanent residency before they can legally work in Canada.

5. Common Challenges in Transitioning from Temporary to Permanent Spousal Sponsorship

While the pathways to permanent residency through spousal sponsorship are relatively clear, applicants may face several challenges when transitioning from temporary to permanent status. These challenges include:

• Maintaining Valid Temporary Status: Applicants must ensure that their temporary status (such as visitor visa or work permit) is valid while their spousal sponsorship application is being processed. Overstaying a visa or permit can jeopardize the application.
• Proving a Genuine Relationship: Both inland and outland sponsorship applications require applicants to demonstrate the authenticity of their relationship. This may involve submitting evidence such as joint bank accounts, photographs, and testimonies from friends and family.
• Delays in Processing: While both inland and outland spousal sponsorships have typical processing times, delays can occur due to various reasons, including additional background checks, incomplete applications, or increased processing backlogs.
• Medical and Criminal Background Checks: The sponsored spouse will need to undergo a medical examination and provide police certificates as part of the application process. Any issues in these areas could delay or negatively impact the application.

6. Additional Considerations for Spousal Sponsorship

While transitioning from temporary to permanent spousal sponsorship is relatively straightforward, there are additional factors that applicants should consider to ensure the success of their application. Understanding these details can help navigate potential obstacles and streamline the process.

6.1 Legal Advice and Representation

Navigating the complexities of immigration law can sometimes be challenging, especially for those applying for temporary status. Some couples may choose to consult with an immigration lawyer or consultant to help guide them through the process. Legal experts can provide advice on:

• The most suitable pathway (inland or outland) based on individual circumstances
• How to address potential inadmissibility issues, such as criminal or medical concerns
• Ensuring that the sponsorship application is complete and meets all requirements
• Resolving any legal disputes or complications related to the relationship, such as previous failed relationships or divorce history

While hiring an immigration lawyer is not mandatory, it can significantly improve the chances of a successful application, particularly for more complex cases.

6.2 Impact of Past Immigration Violations

Individuals who have overstayed their temporary visas, been involved in previous immigration violations, or have a history of illegal work may face significant challenges in obtaining permanent residency. These violations can be grounds for inadmissibility to Canada, which can complicate spousal sponsorship applications.

In these situations, applicants may need to apply for a Temporary Resident Permit (TRP) or a Criminal Rehabilitation application, depending on the nature of the violation. A TRP can allow a person with inadmissibility issues to enter or remain in Canada temporarily, while Criminal Rehabilitation aims to clear up criminal inadmissibility after a certain period.

The best approach to addressing these issues is to be transparent in the application process and consult with an immigration lawyer to explore available remedies.

6.3 Dual Intent and Its Role in Temporary Status

A common concern for individuals applying for temporary visas while also intending to immigrate to Canada permanently is the concept of “dual intent.” Dual intent refers to the situation where a foreign national applies for a temporary visa (e.g., a visitor visa) while also expressing the intent to seek permanent residency through spousal sponsorship.

Canadian immigration law allows for dual intent, meaning an applicant can apply for a temporary visa while simultaneously pursuing permanent residency. However, applicants must be able to prove that they will leave Canada if their permanent residency application is refused, which is why demonstrating strong ties to their home country and a genuine temporary stay is essential.

Applicants should ensure that their temporary application clearly outlines their intentions, as the immigration officer will assess whether they are truly intending to comply with the temporary nature of their visa, even while seeking permanent residency.

6.4 Post-Approval: What to Expect After Permanent Residency

Once the spousal sponsorship application is approved, the sponsored spouse will receive permanent resident status and will be able to live, work, and study anywhere in Canada. However, there are still important steps to consider after receiving permanent residency:

• Confirmation of Permanent Residence (COPR): The sponsored spouse will receive a COPR document, which confirms their status as a permanent resident of Canada. This document must be presented when traveling to Canada.
• Permanent Resident Card: After landing in Canada and confirming permanent residency, the spouse will need to apply for a Permanent Resident Card (PR Card), which serves as proof of their status and is required for re-entry to Canada if they travel abroad.
• Residence Obligations: To maintain permanent resident status, the individual must fulfill the residency obligation of living in Canada for at least two out of every five years. Failing to meet this obligation can lead to the loss of permanent residency status.
• Pathway to Citizenship: After living in Canada for three years (1,095 days) as a permanent resident, the sponsored spouse may be eligible to apply for Canadian citizenship. This involves meeting other criteria, such as language proficiency and knowledge of Canada.

6.5 Spousal Sponsorship for Same-Sex Couples

It is important to note that Canada recognizes all types of spousal relationships, including those of same-sex couples. The requirements for spousal sponsorship are the same for same-sex couples as they are for heterosexual couples, provided the relationship is genuine and legally recognized.

Same-sex couples can apply for spousal sponsorship under both the inland and outland pathways. Canada’s inclusive approach to family reunification ensures that all couples have equal access to the benefits of the spousal sponsorship program, regardless of sexual orientation.

7. The Importance of Proof of Relationship

A key aspect of the spousal sponsorship application is demonstrating that the relationship is genuine and ongoing. This is often one of the most challenging aspects of the application process, as applicants must provide detailed evidence to support the authenticity of their relationship.

Some of the most common types of evidence include:

• Communication records: These may include emails, phone records, text messages, and social media conversations that demonstrate regular and consistent communication between the couple.
• Photos: Pictures of the couple together during vacations, family gatherings, or other significant events can be strong evidence of an ongoing relationship.
• Joint Financial Accounts: Evidence of shared financial responsibilities, such as joint bank accounts, rental agreements, or utility bills, can show that the couple has a life together.
• Affidavits from Friends and Family: Letters or affidavits from friends, family, or colleagues who can attest to the relationship can also strengthen an application.
• Travel Records: Proof that the couple has traveled together or visited each other during the relationship can also be beneficial.

By providing thorough and compelling evidence, applicants can help IRCC assess the authenticity of their relationship, minimizing the chances of rejection or delays.