When sponsoring a spouse or common-law partner for permanent residence in Canada, an important decision is whether to apply under the Family Class or the Spouse or Common-Law Partner in Canada Class.
These are commonly called “outland” and “inland” spousal sponsorship, although those terms can be misleading.
A spouse who is physically present in Canada does not necessarily have to apply inland. IRCC expressly allows a spouse or common-law partner living in Canada to apply under the Family Class in appropriate circumstances. In fact, IRCC’s sponsorship form specifically includes the option “Spouse living in Canada – Applying under Family Class.”
The choice can affect cohabitation requirements, travel, temporary status, access to an open work permit and appeal rights if the application is refused.
Understanding these differences before submitting the application can help a couple choose the class that best fits their circumstances.
What Is Inland Spousal Sponsorship?
“Inland sponsorship” generally refers to an application under the Spouse or Common-Law Partner in Canada Class (SCLPC).
Under section 124 of the Immigration and Refugee Protection Regulations (IRPR), a foreign national is a member of this class if they:
- are the spouse or common-law partner of a sponsor and cohabit with the sponsor in Canada;
- have temporary resident status in Canada, subject to an applicable public-policy exemption; and
- are the subject of a sponsorship application.
IRCC states that the Spouse or Common-Law Partner in Canada Class applies where the spouse or common-law partner lives with the sponsor in Canada and has valid temporary resident status, or is exempt from needing that status under the applicable public policy.
A practical example is a foreign national living in Canada with their Canadian spouse or common-law partner as a visitor, worker or student, where the couple intends to continue residing together in Canada during processing.
What Is Outland Spousal Sponsorship?
“Outland sponsorship” commonly refers to an application under the Family Class.
The typical situation involves a Canadian citizen or permanent resident sponsoring a spouse or common-law partner who lives outside Canada.
However, the Family Class is not limited to applicants who are physically outside Canada.
IRCC instructs applicants to use the Family Class where the sponsored person lives outside Canada. The Family Class may also be appropriate where the spouse or common-law partner currently lives with the sponsor in Canada but does not plan to remain in Canada during processing, or where the sponsor wants to preserve the possibility of a sponsorship appeal if the application is refused.
Conjugal partners must also be sponsored through the Family Class.
Can You Apply Outland While Living in Canada?
A spouse can be physically present in Canada and still submit a Family Class application. This is one of the most important—and frequently misunderstood—differences between inland and outland sponsorship.
IRCC’s IMM 1344 instructions distinguish between:
- Spouse living in Canada — applying under the Spouse or Common-Law Partner in Canada Class; and
- Spouse living in Canada – Applying under Family Class.
Therefore, the applicant’s physical location alone does not determine the class.
For example, a spouse may be living with the sponsor in Canada as a visitor but choose the Family Class because the couple does not plan to remain together in Canada throughout processing or because preserving a potential Family Class sponsorship appeal is important.
The decision should be based on the requirements and consequences of each class, not simply on whether the applicant happens to be inside or outside Canada on the day the application is submitted.
Inland vs Outland Spousal Sponsorship: Main Differences
| Issue | Inland – SCLPC | Outland – Family Class |
|---|---|---|
| Applicant’s location | Living with sponsor in Canada | Usually abroad, but may be in Canada |
| Cohabitation | Applicant must cohabit with sponsor in Canada | No equivalent requirement to continuously cohabit in Canada |
| Temporary status | Required under IRPR 124, subject to public-policy relief | Not a condition of Family Class membership |
| Travel | Greater caution because the applicant must continue meeting the in-Canada class requirements | Generally better suited where the applicant does not plan to remain in Canada throughout processing |
| Open work permit | May be available if requirements are met | May also be available to qualifying sponsored spouses or partners living in Canada |
| Sponsorship appeal to IAD | No sponsorship appeal under IRPA s. 63(1) | Sponsor may have a statutory appeal right, subject to restrictions under IRPA |
| Conjugal partner | Not available | Family Class |
The most important point is that neither class is automatically “better.” The appropriate choice depends on the couple’s circumstances.
Do You Have to Live Together for Inland Sponsorship?
Yes. Cohabitation in Canada is part of the legal definition of the Spouse or Common-Law Partner in Canada Class.
IRPR 124(a) requires the applicant to cohabit with the sponsor in Canada.
This is different from simply proving that a marriage or common-law relationship is genuine. For an inland application, continued cohabitation in Canada is itself relevant to membership in the class.
This becomes particularly important where the applicant anticipates extended travel or living outside Canada during processing.
Short, temporary absences do not necessarily mean that cohabitation has ended. However, an applicant should not assume that lengthy residence outside Canada is compatible with an inland application simply because the application met the requirements when it was submitted.
Can You Travel Outside Canada During Inland Sponsorship?
There is no general rule prohibiting every trip outside Canada while an inland application is being processed.
However, travel carries additional risk in an in-Canada application.
IRCC warns that if a spouse or common-law partner leaves Canada while an SCLPC application is being processed, there is no guarantee that the person will be allowed to re-enter Canada, particularly where a temporary resident visa is required.
The applicant must also continue to satisfy the requirements of the class, including cohabitation with the sponsor in Canada.
A short vacation is therefore quite different from relocating abroad or spending substantial periods outside Canada.
Where an applicant does not plan to remain in Canada during processing, the Family Class should be considered.
Can an Outland Applicant Live in Canada During Processing?
A Family Class applicant can live in Canada while their permanent residence application is being processed, provided they are legally authorized to enter and remain in Canada.
However, submitting a sponsorship application does not itself give the applicant temporary resident status in Canada.
If the applicant is in Canada as a visitor, worker or student, their temporary status must be considered separately.
This is an important distinction: a permanent residence application and temporary resident status are separate immigration matters.
Applicants remaining in Canada should therefore monitor the expiry of their temporary status and determine whether an extension, work permit or other application is required.
Can Both Inland and Outland Applicants Get an Open Work Permit?
Qualifying inland and Family Class applicants living in Canada may be eligible for an open work permit if IRCC’s applicable requirements are met.
This is another reason some older comparisons between inland and outland sponsorship are now inaccurate.
Under IRCC’s current policy, qualifying spouses, common-law partners and conjugal partners living in Canada and being sponsored for permanent residence may be eligible to apply for an open work permit.
The principal applicant will generally need an acknowledgement of receipt (AOR) confirming that IRCC is processing the permanent residence application, subject to the applicable exceptions under the current policy.
A sponsored spouse or partner must have authorization to work before beginning employment in Canada. Simply submitting a sponsorship application does not authorize employment.
Accordingly, open work permit eligibility should no longer be treated as an advantage available only to inland applicants.
Because work permit policies can change, applicants should verify the current eligibility requirements before applying.
What If the Spouse Is Out of Status in Canada?
IRPR 124 normally requires an applicant under the Spouse or Common-Law Partner in Canada Class to have temporary resident status in Canada.
However, IRCC’s public policy provides an exemption from the temporary resident status requirement for certain spouses and common-law partners in Canada.
The policy can cover certain situations involving:
- overstaying temporary resident status;
- unauthorized work or study; or
- entering Canada without a required visa or prescribed document.
The applicant must still meet the other applicable requirements, including having a qualifying relationship and cohabiting with the sponsor. Other grounds of inadmissibility are not simply waived.
Therefore, being out of status does not automatically prevent spousal sponsorship, but neither does the public policy make every out-of-status applicant eligible.
Cases involving status violations or other immigration concerns should be assessed based on their particular circumstances.
Inland vs Outland Sponsorship: Appeal Rights
This is one of the most important legal differences between the two classes.
Section 63(1) of the Immigration and Refugee Protection Act (IRPA) provides that a person who has applied to sponsor a foreign national as a member of the Family Class may appeal a refusal to issue the permanent resident visa to the Immigration Appeal Division (IAD).
That statutory sponsorship appeal under section 63(1) does not extend to an application made under the Spouse or Common-Law Partner in Canada Class.
This is significant because an IAD sponsorship appeal can involve a broader reconsideration of the case than an application for judicial review in Federal Court.
Appeal rights are nevertheless subject to statutory restrictions. IRPA restricts IAD appeals in certain cases involving matters such as security, human or international rights violations, sanctions, serious criminality and organized criminality.
The existence of a potential appeal right is therefore an important factor when choosing the class, particularly where an application contains unusual or potentially contentious circumstances.
Is Relationship Evidence Different for Inland and Outland Sponsorship?
The requirement to establish a qualifying and genuine relationship applies to both classes. However, the evidence available may differ depending on the couple’s circumstances.
Couples living together in Canada may have more evidence of a shared household, such as documents showing the same address, joint insurance, shared expenses or employment benefits.
Couples living in different countries may rely more heavily on communication records, travel history, photographs, financial support and evidence of time spent together.
The evidence should reflect the couple’s actual circumstances and demonstrate the genuineness and continuity of the relationship.
Is Inland or Outland Spousal Sponsorship Faster?
Applicants should be cautious about choosing a class solely because one currently appears to have a shorter processing time.
Processing times change and are estimates rather than guarantees. Individual applications may also take longer because of background or security screening, medical issues, admissibility concerns, interviews, additional-document requests or the complexity of the application.
For that reason, a temporary difference in published processing times should generally not outweigh more fundamental considerations such as cohabitation, travel plans, temporary status and appeal rights.
Which Should You Choose: Inland or Outland?
For a spouse or common-law partner living outside Canada, the Family Class will generally be the appropriate route.
For a spouse or common-law partner living with the sponsor in Canada, either class may potentially be available depending on the circumstances.
The decision should consider:
- whether the applicant intends to remain in Canada during processing;
- whether the couple will continue living together in Canada;
- the applicant’s temporary resident status;
- anticipated international travel;
- work authorization needs; and
- whether preserving a potential Family Class sponsorship appeal is important.
The key question is therefore not simply:
“Is my spouse inside or outside Canada?”
A better question is:
“Which immigration class fits our circumstances and our plans while the application is being processed?”
Frequently Asked Questions
Can I apply outland if my spouse is already in Canada?
Yes. A spouse living in Canada may apply under the Family Class. IRCC’s IMM 1344 instructions expressly provide an option for “Spouse living in Canada – Applying under Family Class.”
Can I apply inland if my spouse lives outside Canada?
No. The Spouse or Common-Law Partner in Canada Class requires the applicant to cohabit with the sponsor in Canada.
Can an inland applicant leave Canada for a vacation?
Travel is not automatically prohibited. However, there is no guarantee that an applicant who leaves Canada will be permitted to re-enter, and the applicant must continue satisfying the requirements of the in-Canada class.
Can an outland applicant visit or live in Canada during processing?
Yes, provided the person is eligible to enter and remain in Canada as a temporary resident. A Family Class permanent residence application does not itself provide temporary resident status.
Can a Family Class applicant get an open work permit?
A qualifying sponsored spouse, common-law partner or conjugal partner living in Canada may be eligible for an open work permit under IRCC’s current policy.
Does applying for spousal sponsorship give me legal status in Canada?
No. Submitting a permanent residence application does not by itself extend or create temporary resident status. Applicants in Canada should separately consider their visitor, worker or student status.
Is Family Class better for a second marriage?
Not simply because it is a second marriage. Previous relationships may affect the evidence and explanation required, but they do not by themselves determine the appropriate sponsorship class.
Choosing the Appropriate Sponsorship Class
“Inland” and “outland” are convenient terms, but the legal distinction is between the Spouse or Common-Law Partner in Canada Class and the Family Class.
A spouse or common-law partner outside Canada will generally be sponsored through the Family Class. A spouse or common-law partner living with the sponsor in Canada may qualify under the in-Canada class. However, living in Canada does not prevent an applicant from applying under the Family Class.
The appropriate choice should take into account the couple’s living arrangements, continued cohabitation, temporary status, anticipated travel, work authorization and potential appeal rights.
Selecting the appropriate class at the beginning can prevent avoidable complications later in the sponsorship process.
Need Help With a Spousal Sponsorship Application?
Our regulated Canadian immigration consultants can review your circumstances, identify the appropriate sponsorship class and requirements, and assist with professionally preparing and submitting your application.
Already Preparing Your Application?
If you have prepared your own spousal sponsorship application and would like it reviewed before submission, our professional file review service can help identify potential documentation, consistency and application issues before it is submitted.
Disclaimer: This article provides general information about Canadian immigration law and policy and does not constitute legal advice. Immigration requirements and policies may change, and the appropriate sponsorship class depends on the particular circumstances of each case. For advice regarding your specific situation, consult a qualified Canadian immigration professional.
