Preparing an application for permanent residency through Family Class in Canada is not always a straightforward process. While there may not be the complexity of proving work experience and qualifications, as there is for economic immigration programs, the spousal/common-law sponsorship route to permanent residency has its own complications. Here are five of the most common myths about spousal/common-law sponsorship.
Common-Law/Spouse visa Canada myth 1: An outland application is only possible if the principal applicant is living outside of Canada.
It sounds strange, but an ‘outland’ application may also be made if the principal applicant is living in Canada. The term ‘outland’ refers to the application being processed at a visa office outside Canada, usually in the home country (or nearest visa office) of the sponsored person. Regardless of where a sponsored person is currently residing, he or she may file an application in his or her home country. An ‘inland’ application, however, may only be filed while the sponsored person lives in Canada. A permanent resident who wishes to sponsor a spouse or common-law partner must reside in Canada throughout the application process. Canadian citizens, on the other hand, may reside inside or outside Canada during the process. However, in such a case the couple must have the intention to return to Canada once the application is finalized.
Despite all of the documentation within the outland application package referring to the principal applicant not living in Canada, it is acceptable to use these forms and list a Canadian residential and mailing address. Filing outland applications from within Canada may be more popular for the reason that applying outland is sometimes faster than the inland process.
Common-Law/Spouse visa Canada myth 2: Couples need to be married to be able to apply
Canada does not require couples to be married for this route to permanent residency. The minimum requirement for couples is to be considered common-law for one continuous year. Couples need to share the same home, combine financial affairs, support each other on an emotional level, and present as a couple in public.