Inland Spousal Sponsorship and Maintained Status While You Wait

Inland spousal sponsorship is a process that allows a Canadian citizen or permanent resident to sponsor their spouse or common-law partner who is already living in Canada. A key concern for applicants is maintaining their legal status in Canada while their application is being processed. This guide explains maintained status, the open work permit stream for inland spousal applicants, and how to extend a visitor visa while waiting for the application to be processed.

introduction to inland spousal sponsorship

A Canadian citizen or permanent resident can sponsor their spouse or common-law partner who is already living in Canada through inland spousal sponsorship. The application process involves submitting a sponsorship application and a permanent residence application simultaneously. To be eligible, the sponsor must be a Canadian citizen or permanent resident, at least 18 years old, and not in prison or bankrupt. I've seen cases where the sponsor's eligibility is a major hurdle, so it's essential to ensure all requirements are met.

The sponsor and applicant must also meet specific requirements, such as providing proof of their relationship and identity. This can be a challenging part of the process, as the documentation required can be extensive. For example, applicants may need to provide letters, photos, and other evidence to demonstrate the genuineness of their relationship.

maintained status and its importance

Maintained status refers to an individual's legal status in Canada while their application is being processed. It's crucial to maintain legal status to avoid issues with immigration authorities. If an applicant's temporary resident visa or work permit expires while their application is being processed, they may be eligible for maintained status. This allows them to continue living and working in Canada while their application is being processed, as long as they've applied to extend their stay before their current status expires.

To illustrate the importance of maintained status, consider the case of an applicant whose work permit expires while their sponsorship application is being processed. If they haven't applied for maintained status, they may be forced to leave Canada or risk being in the country illegally. By applying for maintained status, they can avoid this situation and continue working and living in Canada while their application is being processed.

open work permit for inland spousal applicants

Inland spousal applicants may be eligible for an open work permit, which allows them to work for any employer in Canada. To be eligible, the applicant must have a valid temporary resident visa or work permit, and their sponsorship application must be in progress. The open work permit is usually issued for a period of two years and can be renewed if the sponsorship application is still being processed.

Having an open work permit can be a significant advantage for inland spousal applicants. It allows them to work for any employer in Canada, without the need for a Labour Market Impact Assessment (LMIA). This can be beneficial for applicants who need to support themselves and their families while their application is being processed. For instance, an applicant with an open work permit can work as a freelance writer or consultant, allowing them to earn a living while their application is being processed.

working while your inland spousal application is being processed

Inland spousal applicants can work while their application is being processed, as long as they have a valid work permit or an open work permit. The open work permit allows applicants to work for any employer in Canada, without the need for an LMIA. This can be beneficial for applicants who need to support themselves and their families while their application is being processed.

However, it's essential to note that not all applicants will be eligible for an open work permit. In some cases, applicants may need to apply for a different type of work permit or wait until their sponsorship application is processed. It's crucial to check the Immigration, Refugees and Citizenship Canada website for the most up-to-date information on work permits and eligibility requirements.

extending visitor visa while waiting for spousal sponsorship

If an inland spousal applicant is in Canada on a visitor visa, they may need to extend their stay while their application is being processed. To extend a visitor visa, the applicant must submit an application to Immigration, Refugees and Citizenship Canada (IRCC) before their current visa expires. The applicant will need to provide proof of their identity, proof of their relationship with their sponsor, and proof that they have enough money to support themselves while they are in Canada.

Extending a visitor visa can be a complex process, and applicants should ensure they have all the necessary documents before submitting their application. It's also essential to apply for an extension before the current visa expires, as this can help avoid any issues with immigration authorities.

how to extend your visitor visa

To extend a visitor visa, applicants should start by checking the IRCC website for the most up-to-date information on extending a visitor visa. They should then gather all the necessary documents, including proof of identity, proof of relationship, and proof of funds. The application can be submitted online or by mail, depending on the instructions on the IRCC website. Once the application is submitted, the applicant will need to pay the required fee and wait for the application to be processed, which can take several weeks or months.

For more information on family sponsorship, visit the family sponsorship page. For information on work permits, visit the work permit page. For information on study permits, visit the study permit page.

Official current rules are at canada.ca/immigration; this guide is independent reference content.