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Talhakidwai

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Dec 28, 2023
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Hi everyone,

I am preparing a spousal sponsorship application to sponsor my wife for Canadian Permanent Residency, and I’m a bit confused about which Application Class to select.

Here is our current situation:

  • Current Status: My wife is currently physically living with me here in Canada. She is on a valid Visitor Visa (TRV). She does not have a work or study permit.
  • I have applied for her visitor record as she has been here for more than 6 moths now (Since April 2026).
  • Future Plans: While she is staying with me right now, she eventually intends to go back to India (she has ties there and may or may not need to travel back).
We are living together in Canada right now, so we technically qualify for the Spouse living in Canada but applying Family class (IMM 5533 Part A, Q.5, Option 3). However, because she has intentions to travel back to India, I am unsure if we should choose this or the Family Class Spouse living outside Canada (IMM 5533 Part A, Q.5, Option 2) instead.

My questions for the forum:

  1. Given that she is physically here but plans to visit or return to India during/after this process, which Application Class is the safest to select?
  2. If we choose the Outland class while she is physically inside Canada, are there any issues we should look out for?
  3. Consequently, for Question 7 under Supporting Documents For Sponsored Persons, what should I select? Is she currently living with me or not? The class of application will probably decide this.
The agents are too expensive for me so any advice or experiences from those who were in a similar situation would be greatly appreciated!

Thank you in advance.
 
Hi everyone,

I am preparing a spousal sponsorship application to sponsor my wife for Canadian Permanent Residency, and I’m a bit confused about which Application Class to select.

Here is our current situation:

  • Current Status: My wife is currently physically living with me here in Canada. She is on a valid Visitor Visa (TRV). She does not have a work or study permit.
  • I have applied for her visitor record as she has been here for more than 6 moths now (Since April 2026).
  • Future Plans: While she is staying with me right now, she eventually intends to go back to India (she has ties there and may or may not need to travel back).
We are living together in Canada right now, so we technically qualify for the Spouse living in Canada but applying Family class (IMM 5533 Part A, Q.5, Option 3). However, because she has intentions to travel back to India, I am unsure if we should choose this or the Family Class Spouse living outside Canada (IMM 5533 Part A, Q.5, Option 2) instead.

My questions for the forum:

  1. Given that she is physically here but plans to visit or return to India during/after this process, which Application Class is the safest to select?
  2. If we choose the Outland class while she is physically inside Canada, are there any issues we should look out for?
  3. Consequently, for Question 7 under Supporting Documents For Sponsored Persons, what should I select? Is she currently living with me or not? The class of application will probably decide this.
The agents are too expensive for me so any advice or experiences from those who were in a similar situation would be greatly appreciated!

Thank you in advance.
1. The Inland application seems to be the only viable option, since the SCPLC (Inland) applicant needs to remain n Canada for the duration of the process.
Short trips are often not a big issue, but there is yet to be found any clear language defining what IRCC deems to be a `short' trip.

2. None that come to mind, so long that she maintains legal status.

3. By default, the Inland application requires cohabitation in Canada...which makes the answer to your question quite easy.
Since you are married, there's no issue with having to prove cohabitation for at least 365 days like a common-law applicant.

Good call to forego the use of an agent. You'll [hopefully] find all the help you need in this forum.

Good luck.
 
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1. The Inland application seems to be the only viable option, since the SCPLC (Inland) applicant needs to remain n Canada for the duration of the process.
Short trips are often not a big issue, but there is yet to be found any clear language defining what IRCC deems to be a `short' trip.

2. None that come to mind, so long that she maintains legal status.

3. By default, the Inland application requires cohabitation in Canada...which makes the answer to your question quite easy.
Since you are married, there's no issue with having to prove cohabitation for at least 365 days like a common-law applicant.

Good call to forego the use of an agent. You'll [hopefully] find all the help you need in this forum.

Good luck.
Much appreciated!

If I do go for outland application, can I still write a letter of explanation stating that she is on a temporary visa and is staying with me. So I can tick Living together and provide those documents?

I do not want to apply inland due to the longer processing times.
 
Much appreciated!

If I do go for outland application, can I still write a letter of explanation stating that she is on a temporary visa and is staying with me. So I can tick Living together and provide those documents?

I do not want to apply inland due to the longer processing times.
My pleasure, but I mistakenly stated that the Inland application was the `only viable option'. I meant to say that the Outland application would be the most viable option, because of her [potential] desire to travel back to India. Glad to see you `figured out' my mistake. LOL!
 
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Hi everyone,

I am preparing a spousal sponsorship application to sponsor my wife for Canadian Permanent Residency, and I’m a bit confused about which Application Class to select.

Here is our current situation:

  • Current Status: My wife is currently physically living with me here in Canada. She is on a valid Visitor Visa (TRV). She does not have a work or study permit.
  • I have applied for her visitor record as she has been here for more than 6 moths now (Since April 2026).
  • Future Plans: While she is staying with me right now, she eventually intends to go back to India (she has ties there and may or may not need to travel back).
We are living together in Canada right now, so we technically qualify for the Spouse living in Canada but applying Family class (IMM 5533 Part A, Q.5, Option 3). However, because she has intentions to travel back to India, I am unsure if we should choose this or the Family Class Spouse living outside Canada (IMM 5533 Part A, Q.5, Option 2) instead.

My questions for the forum:

  1. Given that she is physically here but plans to visit or return to India during/after this process, which Application Class is the safest to select?
  2. If we choose the Outland class while she is physically inside Canada, are there any issues we should look out for?
  3. Consequently, for Question 7 under Supporting Documents For Sponsored Persons, what should I select? Is she currently living with me or not? The class of application will probably decide this.
The agents are too expensive for me so any advice or experiences from those who were in a similar situation would be greatly appreciated!

Thank you in advance.
The application class is based on where your wife is living at the time you submit the PR application and which class you choose not simply on where she may travel later.
A. Spouse or Common-Law Partner in Canada Class (inland)
B. Family Class (outland)
The Family Class can be a practical option, because the application is not dependent on her continuously remaining in Canada. Family Class does not give her an automatic right to remain in Canada while the PR application is processing.
So if your wife wants to remain in Canada and eventually work here while the PR application is processing, you should examine the inland/SCLPC route and the corresponding OWP option carefully. Regarding the IMM 5533, don't answer Question 7 based on where you expect her to live six months from now. The application should accurately describe her actual situation when you submit it.
If she is living with you in Canada now, you can truthfully state that she is living with you in Canada, while still selecting Family Class if that is the class you choose. Her possible future travel to India does not retroactively change where she lives on the date you submit the application.
 
  1. Given that she is physically here but plans to visit or return to India during/after this process, which Application Class is the safest to select?
  2. If we choose the Outland class while she is physically inside Canada, are there any issues we should look out for?
  3. Consequently, for Question 7 under Supporting Documents For Sponsored Persons, what should I select? Is she currently living with me or not? The class of application will probably decide this.
1. Inland (sclpc or whatever the acronym is) is NOT safe if she may leave for anything but short trips. Choose family (what everyone calls outland).
2. Not really. You did the right thing by applying to extend her status. Main one I'd say is try to get the spousal application in soon. About the only complication that may occur is whether they send passport request (eg for her to apply for visa through embassy/high commission) or instructions for 'virtual landing' (to complete the process in Canada). You can update her actual address with IRCC (although I wouldn't do for short trips in either direction), although confusion and delays can still occur, updating addresses with IRCC not always reliable.
3. Base your answers on currently residing together. If you feel there is any confusion due to having applied outland, add a short letter of explanation (eg we have provided answers based on fact we are residing together, although we have applied under family class). While you don't need to justify that choice, you can explain why if you wish to - just keep it short and simple though. (e.g. 'we are applying under family class as applicant may need to return home to deal with some personal matters.')