- Inland and outland describe where the application is processed, not simply where the applicant lives.
- Inland applicants may be eligible for an open work permit while waiting.
- Only outland refusals generally carry a right of appeal to the Immigration Appeal Division.
- The relationship must be genuine, and evidence of that is the core of the application.
The two streams
Inland applications are made from within Canada, where the applicant has status and is living with the sponsor. The application combines a permanent residence application with an in-Canada class application.
Outland applications are processed through a visa office responsible for the applicant’s country of nationality or residence. The applicant may still be physically in Canada while it is processed.
That last point is the one most misunderstood: an outland application does not require the applicant to leave.
The practical differences
Work permit. Inland applicants may apply for an open work permit while the application is processed, which allows them to work for almost any employer. This is the main reason people choose inland.
Travel. Inland applicants who leave Canada risk being unable to return, which can jeopardise the application. Outland applicants can generally travel, subject to holding valid status to re-enter.
Appeal rights. This is the more important difference and the one least considered. A refused outland application generally carries a right of appeal to the Immigration Appeal Division, which can hear new evidence. A refused inland application generally does not; the only recourse is judicial review, which is narrower.
Processing. Times vary by office and change; neither stream is reliably faster in all circumstances.
Who can sponsor
A sponsor must be a Canadian citizen or permanent resident, at least eighteen, and generally residing in Canada, with a limited exception for citizens living abroad who will return.
Certain circumstances bar sponsorship, including being in default on a previous sponsorship undertaking, certain convictions, and receiving social assistance other than for disability.
A sponsorship undertaking is a binding commitment to support the sponsored person for a defined period, and it survives a relationship breakdown. That is worth understanding before signing rather than afterwards.
Proving the relationship
The central question is whether the relationship is genuine and was not entered into primarily for immigration purposes.
Evidence usually includes proof of the relationship’s development over time, cohabitation, shared finances, communication records, photographs across a period rather than a single event, evidence of contact between the families, and statements from people who know the couple.
What officers look for is consistency and depth over time. A large volume of material from a single week is less persuasive than a modest amount spanning years.
Relationships that developed quickly, or across a significant cultural or age difference, are not disqualified but do tend to attract closer scrutiny, and the application should anticipate that with explanation rather than leave the officer to speculate.
Common problems
Incomplete forms are the most common cause of an application being returned, which loses months.
Gaps in the history, unexplained inconsistencies between the two parties’ accounts, and prior refusals not disclosed all cause difficulty.
Where either party has a previous marriage, evidence of its proper dissolution is required and is often overlooked.
Common questions
Can I work while waiting?
Inland applicants may apply for an open work permit. Outland applicants generally cannot on that basis and must hold status independently.
Do we have to be married?
No. Common-law and conjugal partner categories exist, each with its own requirements and evidentiary demands.
Can I switch from inland to outland?
It may be possible but is not simple and can affect processing. It is a decision better made correctly at the outset.
What if we separate during processing?
The application will generally not succeed, and the sponsor should notify. The undertaking, if permanent residence was granted, continues regardless.
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