â€¢ Sponsor must be a Canadian citizen or Permanent Resident
â€¢ Must be legally married, have a marriage certificate OR considered Common-law (living together for 12 months continuously at some point, with appropriate evidence)
â€¢ SponsorÂ and Spouse being sponsored BOTH must reside in Canada and provide evidence of co-habitation (lease agreement, property deed, utility bills, telephone bills, bank statements, etc).Â Â * IRCC has become more strict on this requirement since Dec 2016.
â€¢ Application must be submitted (by mail) for Inland processing, in Canada, along with an Open Work Permit application AND the application must be duly completed in order to be accepted by CPC-M visa office for processing. (If the application is not complete, it will be returned after 2.5 months and must be re-submitted)
* Once the Inland Spousal Sponsorship application is accepted for processing, it will take 2 months to receive confirmation from CPC-M with instructionsÂ to link the application online.Â TwoÂ weeks immediately following, the Open Work Permit will be mailed.
The Canadian government has become increasingly more strictÂ when reviewing applications and grantingÂ approvals.Â Unfortunately, there has been a growing number of fraudulent applications whereby persons are using the Spousal Sponsorship application processes to obtain permanent residence illegally.Â This has made itÂ much more challenging to prepare a strong application that will be approved without issue.Â Often, when individuals attempt to apply on their own, the application is weak and the visa officer is not convinced of the genuineness of the relationship.Â They will either request an interviewÂ for both people, issue a fairness letter requesting more evidence with furtherÂ explanation, or an outright refusal.Â Approximately 40% of the clients our firmÂ retains is after a refusal when they apply on their own.
â€¢ Application is returned:Â If an application was not complete, CPC-M will return the application after 2 toÂ 2.5 months.Â If a person was relying on implied status via the Open Work Permit being approved, they will fall out of status as the work permit will not be processed.Â If the person has been out of status for less than 90 days, they can apply for Restoration of Status and resubmit the Spousal application. If 90 days has passed since falling out of status, they will need to leave Canada.
â€¢ In person interviews: Â people often get nervous and act suspicious, or they answer questions incorrectly- this happens all too often.Â The visa officer will take detailed notes of the interview and will refuse the application if they are not convinced after the interview.
â€¢ Fairness letter: Â IRCC will send a letter, requesting additional information. Fortunately, such a letter provides an opportunity to respond.Â It is imperative to provide a detailed submission letter, along with additional evidence that will support the application.Â Failure to do so will result in a refusal.Â If you find yourself in this situation, it is strongly advised to retain professional help to help prepare a response.
â€¢ Refusal:Â If an Inland SpousalÂ application is refused, there are no rights to an appealÂ (as there areÂ with Outland applications).Â If an application is refused, the person in Canada will no longer have status.Â The only option would be to retain a law firm to file a Judicial review on the original application or submit a newÂ application.Â Â JudicialÂ review will take 6 to 12 months, plus 12 additional months to process application.
Matkowsky and Associates
First published at https://www.matkowsky.ca/single-post/2017/12/15/Inland-Spousal-Sponsorship-Open-Work-Permit-pilot-program-extended-until-2019