Inland sponsorship

[Ida remi]

Hello I hope everyone is doing well ,I would like to ask you a question about spousal sponsorship.
My brother is in Canada on a closed work permit and his Canadian wife is currently in university in another province. Can she sponsor my brother for inland sponsorship even though they are not living together because of the conditions that they have .
They applied 5 months ago,he did the biometric a few weeks ago and today the send him an email that is saying this
“Based on the evidence that you have provided, I am not satisfied that you and your sponsor have been cohabiting in the same residency during application”
My brother explained when they applied that because of the circumstances they can’t live together,they met during school break .
What do you recommend,sending more proof pictures that they did during this time ,conversations every day .
Or should we withdraw and apply again as Outland and if we do with this option how long it takes .
What is the best option

 

[YVR123]

Hello I hope everyone is doing well ,I would like to ask you a question about spousal sponsorship.
My brother is in Canada on a closed work permit and his Canadian wife is currently in university in another province. Can she sponsor my brother for inland sponsorship even though they are not living together because of the conditions that they have .
They applied 5 months ago,he did the biometric a few weeks ago and today the send him an email that is saying this
“Based on the evidence that you have provided, I am not satisfied that you and your sponsor have been cohabiting in the same residency during application”
My brother explained when they applied that because of the circumstances they can’t live together,they met during school break .
What do you recommend,sending more proof pictures that they did during this time ,conversations every day .
Or should we withdraw and apply again as Outland and if we do with this option how long it takes .
What is the best option

They incorrectly applied via inland. They do not live together so they should have applied under Outland. (spending vacation/holiday together is NOT living together)

They cannot switch application and should start a new application under outland. I don't think she can withdraw now.
And they needed to mention this refusal in their new application. No idea of timeline. Specially now with outland it depends on which visa office will process the application.

 

[canuck78]

Hello I hope everyone is doing well ,I would like to ask you a question about spousal sponsorship.
My brother is in Canada on a closed work permit and his Canadian wife is currently in university in another province. Can she sponsor my brother for inland sponsorship even though they are not living together because of the conditions that they have .
They applied 5 months ago,he did the biometric a few weeks ago and today the send him an email that is saying this
“Based on the evidence that you have provided, I am not satisfied that you and your sponsor have been cohabiting in the same residency during application”
My brother explained when they applied that because of the circumstances they can’t live together,they met during school break .
What do you recommend,sending more proof pictures that they did during this time ,conversations every day .
Or should we withdraw and apply again as Outland and if we do with this option how long it takes .
What is the best option

Have they ever lived together? How long? After marriage? Did they meet and get married over summer break? When does your brother’s WP end? Agree that Outland is the only option but there could also be concerns about this marriage.

 

[Ida remi]

They incorrectly applied via inland. They do not live together so they should have applied under Outland. (spending vacation/holiday together is NOT living together)

They cannot switch application and should start a new application under outland. I don't think she can withdraw now.
And they needed to mention this refusal in their new application. No idea of timeline. Specially now with outland it depends on which visa office will process the application.

Where can i find an official from IRCC that you can apply inside Canada with outland sponsorship.
I mentioned to the person who did the application but he is saying no you can’t apply if you are inside Canada ?

 

[YVR123]

Where can i find an official from IRCC that you can apply inside Canada with outland sponsorship.
I mentioned to the person who did the application but he is saying no you can’t apply if you are inside Canada ?

Then listen to your people.
Did you even search other posts in this forum? So many have done this and already became PR.
Back then the advantage was to be able to apply for optional OWP after AOR. But now, both inland and outland applicants can apply for OWP once they are inside Canada and reach AOR.

 

[Ida remi]

Have they ever lived together? How long? After marriage? Did they meet and get married over summer break? When does your brother’s WP end? Agree that Outland is the only option but there could also be concerns about this marriage.

They meet during summer break,she started the school already,my brother is on closed wp .
They applied for inland because my brother wanted an open work permit so he can go with the wife ,because right now he can’t work nowhere.
His first closed wp expired in October ,but he got an extension till next year when they applied for open wp instead they expected the one that he currently had !

 

[Ida remi]

Then listen to your people.
Did you even search other posts in this forum? So many have done this and already became PR.
Back then the advantage was to be able to apply for optional OWP after AOR. But now, both inland and outland applicants can apply for OWP once they are inside Canada and reach AOR.

We keep telling him him to do it that way Outland but he is refusing.
We told him at the beginning to do it Outland but he said no ,and we decided to trust him .

 

[canuck78]

They meet during summer break,she started the school already,my brother is on closed wp .
They applied for inland because my brother wanted an open work permit so he can go with the wife ,because right now he can’t work nowhere.
His first closed wp expired in October ,but he got an extension till next year when they applied for open wp instead they expected the one that he currently had !

When did they actually meet, get married and did they live together? The fact that your brother’s WP expired in October could raise concerns with IRCC. Many who have no pathway to PR are suddenly getting married close to the end of their temporary permits. His extension is going to get denied based on what you described. Sounds like he applied for the extension knowing he didn’t qualify for one with the hopes he would get AOR and apply for an OWP before the extension was denied. Are there any other red flags on their file. Were both families in attendance at the wedding? Traditional wedding?

 

[Ida remi]

They meet 2 years ago,married after 1 year .
They didn’t live together because she was in school when they meet was summer break.
They are on a genuine relationship,they have a lot of pictures,conversations talking every day,letters from the friends and family members .
He applied for open work permits when he received aor ,but they send him a email that his closed wp is extended in 1 year soo 2026 till you receive the open wp . He didn’t apply for extension they sent it !

 

[canuck78]

They meet 2 years ago,married after 1 year .
They didn’t live together because she was in school when they meet was summer break.
They are on a genuine relationship,they have a lot of pictures,conversations talking every day,letters from the friends and family members .
He applied for open work permits when he received aor ,but they send him a email that his closed wp is extended in 1 year soo 2026 till you receive the open wp . He didn’t apply for extension they sent it !

He got an extension because of the OWP but he wasn’t actually entitled to the OWP because the spousal sponsorship is going to be refused. You’d think they would cancel the CWP given the OWP and spousal sponsorship will be refused but very unlikely that will happen.

So they have never lived together? Even after marriage? How much time have they spent together in person? For example did they visit each other during the school year? If they met 2 years ago and married after 1 year they would have already been married for a year at this point. Why couldn’t they live together this summer during her university’s summer break?

 

[Ida remi]

How do you know that the application is going to be refused,they are on a genuine relationship but because of the condition they can’t live together for now but as soon as he will get the owp he will go on the other province.
They were living together during summer for more than 1 month ,but how to prove because she is not on the lease for now?

 

[canuck78]

How do you know that the application is going to be refused,they are on a genuine relationship but because of the condition they can’t live together for now but as soon as he will get the owp he will go on the other province.
They were living together during summer for more than 1 month ,but how to prove because she is not on the lease for now?

It’s going to be refused because they don’t qualify for inland sponsorship. Given the timing of the expiry of his WP, the fact they aren’t living together and don’t appear to have spent a lot of time in person together will lead to more scrutiny when they reapply (as Outland). If they applied for sponsorship 5 months ago and university summer break is around 4 months why did they live together for around a month not the whole summer? Have they visited each other when they were dating or after they got married? These are things IRCC will want to see. Unclear when they got married since you mentioned a year. It is fairly unusual to get married during your studies, especially undergrad, in Canada.

 

[Ida remi]

Can you share a mandatory requirement for inland when it says that is mandatory to live with your spouse for inland because I can’t find it. We understand that ircc wants to see them live together but these are the circumstances. She comes here very often and my brother goes there too .
Unclear how can the extension of his cwp might be cancelled ?

 

[YVR123]

Can you share a mandatory requirement for inland when it says that is mandatory to live with your spouse for inland because I can’t find it. We understand that ircc wants to see them live together but these are the circumstances. She comes here very often and my brother goes there too .
Unclear how can the extension of his cwp might be cancelled ?

Sponsoring your spouse or common-law partner who lives with you in Canada​

You can apply under the Spouse or Common-Law Partner in Canada class if your spouse or common-law partner cohabits (lives) with you in Canada.

Your spouse or common-law partner must either:

• have valid temporary residence status or
• be exempt from needing this status under a public policy that was set out in 2005

https://www.canada.ca/en/immigratio...-dependent-child-complete-guide.html#incanada

 

[Ida remi]

What about outland sponsorship while in Canada .
We kept telling the Loyer that did his application that Outland might be a better option,but he is saying that you can’t do Outland if you are inside .
Can you share a link for the outside inside Canada so I can share with him