I wanted to share a question that was taken from the CIC Admission News that I thought would be relevant.
Question:
A US citizen, with student sta­tus in Canada is getting married to a Canadian. They have been living together in Toronto for two years. Which is the preferred op­tion for sponsorship: in-Canada or overseas (USA)?
Answer:
If the couple is living together in Canada they can apply under the Spouse or Common-law Part­ner in Canada Class. This appli­cation can be made by common-law partners, if the couple has lived together for 12 months, or by spouses, if the couple is

The couple could also make an application under the Fam­ily Class category. However, the application would not be eligible
for an open work per­mit and would have to meet the general requirements for working in Canada (i.e. job offer from em­ployer and a Labour Market Opin­ion (LMO) from Service Canada, unless an exemption from having a work permit or LMO applies) until applicant is granted perma­nent residence.
As the choice is entirely up to the applicant, below is a list of some of the main requirements, advantages and disadvantages of each class to consider*:

Spouse or Common-Law Partner in-Canada Class:

• For spouse/partner living with sponsor in Canada
• No separation from spouse/ partner during processing
• Eligible to apply for an open work permit if the application is approved for processing, until the case is finalised and permanent residence is granted may leave Canada: must meet regular visitor requirements to be re-admitted, and be in pos­session of a valid Temporary Resi­dent Visa (TRV) if application (see section for dual intent)
• may have to attend an inter­view at the local CIC office (can­not be done at a visa office if ap­plicant leaves Canada)
• must attend a final interview a the local CIC office to be granted permanent residence (case may be refused if applicant leaves Canada and is unable to return, i.e. is refused a TRV or entry to Canada)
• no appeal right: may only file leave with the Federal Court for judicial review

Family Class:

• for spouse/partner living out­side of Canada
• may be used by persons who are in Canada who do not wish to apply under the Spouse. Com­mon-law Partner in Canada Class (see section for the place of ap­plication)
• may visit Canada during pro­cessing: must meet regular visitor requirements to be admitted, and he in possession of a valid TRV, if applicable (see section for dual-intent)
• not eligible for an open work permit: must meet normal re­quirements to obtain a work per­mit, if wishing to work in Canada before permanent residence is granted (i.e. have a job offer from an employer and a Labour Market Opinion from Service Canada)
• may have to attend an inter­view at the visa office processing the application (cannot be done in Canada if applicant is here) processing may be faster than under the in-Canada class (depending on the case and spe­cific visa office processing times)
• sponsor can appeal negative decision to the Immigration Ap­peal Division

0 Excerpts are taken from CIC Admission News.
A Canadian Certified Immigra­tion Consultant, Certified Senior Advisor and a Notary Public in the City of Burnaby, Editha Cor­rales Nelson’s preferred areas of practice are Powers of Attorney, Wills Preparation, International Legal Documents, Name Chang­es, Affidavits, Letters of Invitation, Statutory Declarations, Drafting of Business Contracts and other notarial services. For an ap­pointment, please call: 604-777- 2757.
The following should not be construed as providing legal advice and informa­tion in this column is intended only as a general guide and should not be applied to specific circumstances without fur­ther consultation. For more information on the subject, contact Editha Corrales Nelson at 604-777-2757.

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