Student in Canada being sponsored by my wife

[nirash]

Hi
I'm a Ph.D. student in Kingston, ON, and my wife lives and work in Toronto. Basically, it's 2.5 hours drive and we see each other weekly. I'm going to apply for spousal sponsorship but not knowing which class I should apply to. I understand that we are not living together but we are not outside Canada either. Is it mandatory that husband and wife live exactly in the same address in the Spousal sponsorship class?
thanks

 

[YVR123]

Hi
I'm a Ph.D. student in Kingston, ON, and my wife lives and work in Toronto. Basically, it's 2.5 hours drive and we see each other weekly. I'm going to apply for spousal sponsorship but not knowing which class I should apply to. I understand that we are not living together but we are not outside Canada either. Is it mandatory that husband and wife live exactly in the same address in the Spousal sponsorship class?
thanks

Then you cannot apply via "inland" because you do not live with your spouse. However, you can live in Canada and apply via "outland"/outside Canada.

You will not be eligible to apply for a OWP that's only available "inland".

 

[nirash]

Then you cannot apply via "inland" because you do not live with your spouse. However, you can live in Canada and apply via "outland"/outside Canada.

You will not be eligible to apply for a OWP that's only available "inland".

I actually called CIC and asked my question
they said you can apply under spousal sponsorship but you need to explain why you are not living together

 

[canuck78]

Unless you can get that in writing from them I wouldn't necessarily believe them.

 

[nirash]

Unless you can get that in writing from them I wouldn't necessarily believe them.

I'm going to call them again tomorrow, and I'll update here

 

[EstherBarros]

Then you cannot apply via "inland" because you do not live with your spouse. However, you can live in Canada and apply via "outland"/outside Canada.

You will not be eligible to apply for a OWP that's only available "inland".

Nowhere in the package does it say the sponsored person needs to live at the same address as the sponsor for an Inland application, it just asks if they live in Canada (that I can see).
@YVR123 , do you have any sources?
If OP is legally married to their spouse (not just previously established common-law or something), then there is no cohabitation requirement (that I can see). This is a point "against" them when it comes to proving the legitimacy of their relationship, but if the relationship is real, I am sure they will have further proof and explanation as to why this is their set up at the moment.

Of course, I could be wrong, and would love to hear other people's input

 

[canuck_in_uk]

Nowhere in the package does it say the sponsored person needs to live at the same address as the sponsor for an Inland application, it just asks if they live in Canada (that I can see).
@YVR123 , do you have any sources?
If OP is legally married to their spouse (not just previously established common-law or something), then there is no cohabitation requirement (that I can see). This is a point "against" them when it comes to proving the legitimacy of their relationship, but if the relationship is real, I am sure they will have further proof and explanation as to why this is their set up at the moment.

Of course, I could be wrong, and would love to hear other people's input

It is a very basic fact that inland requires a couple to be cohabiting.

http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-28.html#h-72

124 A foreign national is a member of the spouse or common-law partner in Canada class if they

• (a) are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada;

 

[EstherBarros]

It is a very basic fact that inland requires a couple to be cohabiting.

http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-28.html#h-72

124 A foreign national is a member of the spouse or common-law partner in Canada class if they

• (a) are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada;

Got it, thank you I did not know of that. Sorry!

 

[zardoz]

And this is the reason that information provided by the IRCC’s Call Centre is not trusted...

 

[nirash]

I called CIC call center 3 more times, They all told me that you can apply under spousal sponsorship
But I booked an appointment with a good lawyer in Toronto for consultation. He recommended I apply outland, and he said IRCC call centre is not trustworthy!
Anyway, I'm applying outland

 

[canuck_in_uk]

I called CIC call center 3 more times, They all told me that you can apply under spousal sponsorship
But I booked an appointment with a good lawyer in Toronto for consultation. He recommended I apply outland, and he said IRCC call centre is not trustworthy!
Anyway, I'm applying outland

Spousal sponsorship does include both inland and outland.

 

[nirash]

Spousal sponsorship does include both inland and outland.

Sorry for the confusion
They said if you are married (not common law partner) and you are in canada you can apply under spousal sponsorship.
There isn't such an option for spousal sponsorship Outland anywhere in the document checklist. In the document checklist it says decide if you want to do family class or spousal common law partber class.

 

[canuck_in_uk]

Sorry for the confusion
They said if you are married (not common law partner) and you are in canada you can apply under spousal sponsorship.
There isn't such an option for spousal sponsorship Outland anywhere in the document checklist. In the document checklist it says decide if you want to do family class or spousal common law partber class.

What you are saying still doesn't make sense. There is no option to apply that is open to married people but not common-law.

Outland = family class.

Inland = spouse/partner in Canada class.

Both of those = spousal sponsorship.

 

[nirash]

What you are saying still doesn't make sense. There is no option to apply that is open to married people but not common-law.

Outland = family class.

Inland = spouse/partner in Canada class.

Both of those = spousal sponsorship.

I'm wondering what will happen with the new biometric rules. If I'm in Canada and I apply outland do i need to give my biometric?