Inland vs. overseas family sponsorships: making the right decision for your family

One of the key decisions to make when thinking about sponsoring a spouse, common-law partner, or conjugal partner for permanent residency, is whether to submit an in-Canada or overseas application. The choice you make will depend on yours and your partner’s personal circumstances. The following are a few key considerations in deciding whether an in-Canada or overseas application is right for you.

1) Where you are living when you apply

To be eligible to apply for an in-Canada sponsorship application, the partner who is being sponsored is required to be living in Canada with their spouse or common-law partner. For those who do not have or are unable to obtain a visitor, work, or study visa to enter Canada, this option may not be available for you. In that case, an overseas application is likely the best option.

There is a general requirement for the partner being sponsored to have valid immigration status in Canada at the time of being sponsored. However, IRCC has implemented a Public Police to overcome this inadmissibility requirement for those who:

• overstayed a visa, visitor record, work or student permit;

• worked or studied without being legally allowed to do so under the Immigration and Refugee Protection Act;

• entered Canada without the required visa or other document required under the regulations;

• entered Canada without a valid passport or travel document (as long as they have valid documents by the time they are granted permanent residence).

  
  

If the partner who is sponsoring the application (the Sponsor) is a Canadian Permanent Resident, they must be residing in Canada regardless of whether it is an in-Canada or overseas application. If the partner is a Canadian Citizen, they can be residing overseas with their partner for an overseas application so long as they show an intention to return to Canada when the application is finalized. 

2) Processing Times

As of January 2026, IRCC’s current processing times for in-Canada applications are significantly longer than overseas applications. Applications from inside Canada take approximately 21 months to process as opposed to 14 months for overseas applications. These processing times can be even longer if your partner is living in or is intending to live in Quebec.  Up-to-date processing times are posted by IRCC which can be found here.

Please note, processing times provided are average and may be shorter or longer depending on the circumstances of your particular case.

3) Planning While Your Application is Processing

We know, processing times can be long and couples often wish to make interim plans while they are waiting for the Sponsorship Application to be finalized.  

In-Canada Applicants may be eligible for an open work permit once the sponsorship application has been submitted and they have received an Acknowledgement of Receipt from IRCC that their application is processing. Applicants must have valid temporary resident status in Canada, be living with their Sponsor in Canada, and not be inadmissible in order to be eligible.

For In-Canada Applications, there is no explicit restriction that the person being sponsored stay inside Canada throughout the entirety of processing. If travelling though, it is important to ensure you have valid documentation allowing entry back into Canada. It is not recommended for couples to travel separately for extended periods of time while their application is processing, as it could impact eligibility to be sponsored through the in-Canada program.

The Applicant in an overseas application can visit their Sponsor in Canada throughout processing provided they have authorization to enter the country. IRCC has even put in place measures to facilitate the expediency of processing of visitor visas for some who have overseas applications in process for the purpose of family re-unification. 

Overseas partners may also relocate to Canada to live with the Sponsor if they are able to obtain authorization for to visit, work, or study. They can additionally apply for the same open work permit as in-Canada applicants once they are already in Canada and residing with their partners.

4) Conjugal Partners

For partners who are not married and have been unable to live together for at least 12 months, they may have the option to apply as conjugal partners, showing they have a marriage-like relationship. Conjugal partners are only eligible to apply to be sponsored in an overseas application or under the Family Class. Conjugal partners are individuals who may not be able to live together or marry because of legal, immigration, social, cultural, religious or other reasons.

5) Appeal Rights

In the event that the sponsorship is refused, only overseas Applicants have to the option to appeal at the Immigration Appeal Division. In-Canada Applicants can still have refusals reviewed for reasonableness at the Federal Court of Canada; however this option can be more limited in scope.  

Not sure which route to pursue? We are here to help our clients make the decision of what makes the most sense for them and their families.