Spousal sponsorship from Brampton: inside vs outside Canada

If you are a Canadian citizen or permanent resident in Brampton and you want to sponsor your spouse or partner, you choose between two application routes. People call them “inland” and “outland”.

Both routes lead to the same result if approved: permanent residence for your partner. The differences are in what your partner can do while waiting, and what happens if something goes wrong. This guide sets out those differences. It is general information; the right choice depends on your facts.

The basic rules are the same for both routes. To sponsor, you must be at least 18, be a Canadian citizen, a permanent resident or a person registered under the Indian Act, and sign an undertaking to support your partner financially.

Permanent residents must live in Canada to sponsor. Canadian citizens living abroad can sponsor from outside Canada, but only through the outland route, and they must show they plan to live in Canada once their partner becomes a permanent resident.

You can sponsor:

Some people cannot sponsor at all. Examples include people who were themselves sponsored as a spouse and became a permanent resident less than five years ago, people still responsible under an earlier sponsorship undertaking, and people with certain violent or sexual convictions. Check the full list on IRCC’s eligibility page before you apply.

The inland route suits couples who already live together in Canada, where the sponsored partner has valid status as a visitor, student or worker, and plans to stay here throughout processing.

Your partner must live with you in Canada. IRCC expects the couple to be living together at the same address during processing. Your partner should keep valid temporary status where possible. Losing status does not always end an inland application, but it creates real risk, and there are rules about when IRCC can act on a removal order.

A spouse or common-law partner being sponsored inland can apply for an open work permit. IRCC’s guidance says the partner must live with the sponsor in Canada and have submitted a complete permanent residence application. They must keep temporary status and wait for the work permit to be approved before starting work. An open work permit lets your partner work for almost any employer while the sponsorship is processed.

For some couples this is the deciding factor, because it lets both partners earn while they wait.

If an inland application is refused, there is no appeal to the Immigration Appeal Division. The only way to challenge the refusal is judicial review at the Federal Court. The leave application must be filed within 15 days of the decision (Immigration and Refugee Protection Act section 72). Judicial review is narrower than an appeal. The Court checks whether the decision was reasonable and fair. It does not rehear the relationship evidence.

Leaving Canada during inland processing is possible, but it carries risk. Your partner needs to be able to come back, which may mean holding a valid visa or eTA, and IRCC still expects you to live together in Canada. Visa-required partners, including Indian citizens, face the real chance of being unable to return if a new visitor visa is refused. IRCC’s guide says there is no guarantee your partner will be allowed back in. If they cannot return, you would need to start a new sponsorship from outside Canada.

The outland route suits couples where the sponsored partner lives outside Canada, or travels in and out often. It is also open to partners who are in Canada with you. The name “outland” describes the class, not where your partner has to be.

If an outland application is refused, you as the sponsor can usually appeal to the Immigration Appeal Division of the Immigration and Refugee Board. The notice of appeal must reach the IAD within 30 days of receiving the refusal and written reasons. An IAD appeal is a fuller review than judicial review. The IAD can hear testimony from you and your partner, accept new evidence, and in many cases consider humanitarian and compassionate factors.

Some refusals carry no appeal right, for example where the sponsored person is inadmissible for serious criminality, or in certain misrepresentation cases. But for a typical relationship refusal, the appeal is often the most important safety net in the whole process.

Outland applicants are not eligible for the inland open work permit just because they are being sponsored. If your partner is in Canada and wants to work, they need another basis for a work permit. Outland applicants are generally free to travel, because they do not need to stay in Canada. If your partner lives abroad, they can still apply to visit you while the application is in process. Canadian law allows dual intent: a person can plan to immigrate and still be a genuine visitor now, as long as the officer is satisfied they will leave at the end of the authorized stay.

	Inland (in Canada class)	Outland (family class)
Where your partner lives	With you in Canada	Anywhere, including Canada
Open work permit while waiting	Yes, if eligible	Not on this basis
Travel during processing	Possible but risky	Generally fine
Appeal to the IAD if refused	No	Usually yes, within 30 days
Federal Court judicial review	Yes, within 15 days	Yes, but the IAD usually comes first
Conjugal partners	Not eligible	Eligible
Sponsor living abroad	Not possible	Citizens only

Processing times for both routes change, and they are not always faster for one route than the other. Check IRCC’s processing times tool for the current estimates before you decide. We do not quote processing times or fees, because IRCC updates them.

Most spousal refusals come down to the same question: is the relationship genuine, and was it entered into mainly to gain immigration status? The route does not change that question. What helps on both:

• A clear, honest account of how you met and how the relationship developed
• Photos over time, with family and friends, not only from the wedding
• Communication history, such as messages and call logs
• Proof of living together, for common-law and inland applications: lease, joint bills, shared address on ID
• Evidence of a shared life: joint accounts, insurance, travel together, support for each other’s family
• Wedding documents and, for arranged marriages, evidence of how the families arranged the match and the cultural practices followed

For arranged marriages, officers will look at whether the arrangement followed the customs of your community. A short explanation from the families, with photos and documents from the engagement and ceremonies, helps the officer understand the context.

Your partner is in Canada on a visitor record and you want them to work. Inland is often the practical route, because of the open work permit. The trade-off is the lost IAD appeal.

Your relationship has an unusual feature. A large age gap, a short courtship, a previous sponsorship, a past refusal or a prior marriage are all common reasons for closer scrutiny. Where refusal risk is higher, the outland appeal right becomes more valuable, even if your partner is living in Canada.

Your partner is outside Canada and you cannot visit often. Outland is usually the route. Strong communication and visit evidence matters.

Your partner’s status in Canada is about to expire. Get advice quickly. The choice of route, and whether to apply for a visitor record or other status, affects whether your partner can stay.

You were refused before. Before applying again, read the reasons and the officer decision note or GCMS notes. If you were refused through the family class, check whether the 30-day IAD appeal deadline has passed. See our guide on what a refusal letter means.

There is no route that is always better. A simple way to think about it:

1. Where does your partner live now, and where will they be for the next year or two?
2. Does your partner need to work during processing?
3. How strong is your relationship evidence, and is there anything an officer might question?
4. How important is it to keep the IAD appeal as a fallback?

If the answers point in different directions, that is when advice is worth having. Manny Hundal is a Barrister & Solicitor, called to the Ontario Bar in 2013. His practice is focused on immigration law. He can assess both routes against your facts before you file, prepare the relationship evidence, and, if the application is refused, represent you at the IAD or the Federal Court. Consultations are available in English, Punjabi and Hindi.