married abroad both move to Canada sponsorship

UPSTREAM PHRASE

“I am Canadian and got married in India: we both want to move to Canada: what do we do first?”

You are a Canadian citizen or permanent resident. You met your partner abroad, built a life there, got married, and now you both want to move to Canada together. The question is where to start when neither of you is in Canada right now,

The question is where to start when neither of you is in Canada right now, and you are trying to figure out how the sponsorship process works when you are both overseas.

This is a more common situation than many people

realise

, and the process is manageable. But there are specific rules about the sponsor’s obligations and presence that shape how the application is structured.

Which Application Stream Applies?

When the sponsored person is outside Canada, the outland stream is the correct one. This is true even if both you and your spouse are currently living abroad. Outland sponsorship does not require the sponsor to be physically in Canada when the application is filed.

However, the rules for Canadian citizens and permanent residents differ in an important way: Canadian citizens can sponsor a spouse from outside Canada without being a Canadian resident.

Canadian citizens can sponsor a spouse from outside Canada without being a Canadian resident. A Canadian citizen living abroad can file an outland sponsorship application for their spouse, and both can plan to move to Canada once the PR is approved.

Permanent residents must intend to reside in Canada in order to sponsor.

Permanent residents must intend to reside in Canada

in order to

sponsor. A permanent resident who is living abroad at the time of the application must demonstrate that they intend to return to Canada once the sponsored person becomes a permanent resident. Living outside Canada as a permanent resident for an extended period also carries its own immigration implications, separate from the sponsorship.

The Intent-to-Return Requirement for Permanent Residents

If you are a permanent resident living abroad and you want to sponsor your spouse, IRCC requires evidence that you intend to return to Canada when your spouse’s permanent residence is granted. This requirement exists because sponsors who do not live in Canada cannot practically fulfil the undertaking obligation, which is to ensure the sponsored person does not need to rely on social assistance in Canada.

Evidence of intent to return can include:

A letter explaining your current circumstances abroad, the reason you are outside Canada, and your plan to return

Documentation of ties to Canada such as a property you own, family members in Canada, or a Canadian bank account or health card

Employment arrangements or job applications in Canada that demonstrate plans to return

Return flight bookings or lease arrangements in Canada

The strength of this evidence matters. A permanent resident who has been abroad for several years with no clear ties to Canada and no specific plan for return faces a more demanding assessment than one who has been abroad for a year for a specific, documented reason with a clear return timeline.

Can the Sponsor Apply

From

Outside Canada?

Yes. The outland sponsorship application can be submitted from outside Canada. The application goes to IRCC’s Case Processing Centre in Canada for the sponsor’s eligibility assessment, and to the relevant overseas visa office for the sponsored person’s assessment.

The sponsor does not need to be physically in Canada to submit the application. What the sponsor needs to be is eligible: a Canadian citizen or permanent resident who meets all the sponsorship eligibility requirements, including not being on social assistance and not having a prior undertaking default.

Does the Sponsor Need to Be in Canada When the Application Is Decided?

For permanent resident sponsors, IRCC expects the sponsor to be in Canada or planning to return to Canada around the time the sponsorship is approved. The practical implication is that the sponsor should be in Canada, or have a firm return plan in place, before the sponsored person lands as a permanent resident.

For citizen sponsors, the requirement is less strict in terms of residence, but the undertaking still needs to be realistically fulfillable. A citizen who plans to return to Canada along with their newly permanent resident spouse is in a coherent position. A citizen with no plan to return to Canada at any point in the foreseeable future is in a more difficult one.

What Does the Sponsored Person Do While Waiting?

• An outland applicant who is outside Canada during processing can continue living their life in their current country. They should not resign from employment, sell property, or
• sever
• other ties to their home country prematurely, as these ties are relevant to any visitor visa applications they may make during the processing period

During the wait, the sponsored person can apply for a Canadian visitor visa if they want to visit Canada. The dual intent framework applies, and a well-prepared visitor visa application acknowledging the pending sponsorship gives the best chance of approval. Blog 17A covers this in detail.

How Does Landing Work When You Are Both Abroad?

When the outland sponsorship is approved, the sponsored person receives a Confirmation of Permanent Residence document and, if required, an immigrant visa. The sponsored person must use these documents to land in Canada as a permanent resident within their validity period, typically one year from the date of the medical exam.

The sponsor and the sponsored person can travel to Canada together to land, if the sponsor has been abroad and is returning to Canada at the same time. There is no requirement for the sponsor to land separately or to have been in Canada continuously during the processing period.

FAQ