加拿大境内配偶担保 Inland Spousal Sponsorship

境内配偶担保的主要优势在于，被担保的配偶或同居伴侣有资格申请开放式配偶工签（SOWP）。开放式工签不限定持有人的特定工作岗位、雇主和工作地点。与其他类型的工签不同，开放式工签无需加拿大就业和社会发展部颁发的劳动力市场影响评估（LMIA），也不需要加拿大雇主出具的雇主信。

The main advantage of applying under Inland sponsorship is that it will enable your spouse or partner to apply for an Spouse Open Work Permit (SOWP).

Open work permits are work permits that are not tied to a specific job or location in Canada. Contrary to other work permits, open work permits will not require a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada, or proof of an offer of employment.

可以。在加拿大境内居住的夫妻，可能同时符合境内及境外配偶担保资格。

如果夫妻双方在提交申请时身处加拿大，但被担保的配偶或同居伴侣计划在移民申请审理期间出国旅行，那么境外配偶担保可能是更好的选择。需要注意的是，通过境外配偶担保递交移民申请，被担保的配偶或伴侣没有资格获得开放式配偶工签并在加拿大就业。如果确定符合上述两种配偶担保通道的申请的条件，则需要仔细考虑两个选项的优劣势并慎重选择申请通道。

配偶工签的审理周期一般在4至5个月左右。

Yes. A couple may be eligible under both Inland and Outland sponsorship if they reside together in Canada.

If the couple is physically present in Canada at the time the application is submitted, but the spouse or partner plans to travel abroad during the processing of the application, an Outland sponsorship application may be a more suitable option. Keep in mind that, Outland sponsorship will not allow your spouse or partner to benefit from an open work permit to work in Canada. If you determine that you are eligible for both sponsorship application categories, it is important you carefully consider and understand the many advantages and disadvantages of each of these two options.

Open work permit processing times are approximately 4 to 5 months.

The province of Quebec has its own immigration rules. And as a Quebec resident, you will have to meet additional eligibility requirements that are specific to that province in order to sponsor your loved one. Here are the steps of the sponsorship process for those living in the province of Quebec:

• You will first have to meet the federal requirements to apply for a sponsorship first send your application to IRCC.
• If you meet IRCC’s eligibility requirements for sponsorship, you will receive an email or letter with instructions on how to download a Quebec sponsorship undertaking kit.
• The next step will be to submit the Quebec Undertaking Kit with which you will need to include the letter or email you received from IRCC.
• The Government of Quebec will then review your sponsorship application and let you know if you are eligible for sponsorship.
• If Quebec accepts you as a sponsor, you will receive a Certificat de sélection du Québec (CSQ or Québec Selection Certificate).
• Once Quebec delivers your CSQ, IRCC will be able to make a final decision on your application.

如果被担保人希望获得开放式工作许可证（SOWP），可以在永居申请提交的同时，或移民申请递交后另行提交。在此情况下，需要填写各类表格。可以在加拿大部（IRCC）网站上的担保指南中找到相关信息。

If you wish to obtain an Open Work Permit (SOWP) you should submit the application at the same time as you submit your application for permanent residence. You can also apply for an OWP after you have submitted your application for permanent residence. Different forms will need to be completed in each of these instances. You will find that information in the sponsorship guide available on the IRCC website.

只有在被担保的配偶或同居伴侣持有有效工签的情况下，被担保人才能在加拿大合法就业。必须注意的时，即使通过境内配偶担保递交移民申请，也不能免除被担保的配偶或同居伴侣在加拿大保持合法有效临时身份的责任。如果被担保的配偶或伴侣的临时前横已经过期或即将过期，他们需要申请延期或其他类别的许可或签证以便在加拿大逗留，直至他们获批永居身份。

If your spouse or common-law partner already has a work permit, they can continue to work if the permit is valid. Keep in mind submitting an Inland sponsorship application does not absolve your spouse or partner from maintaining valid temporary status in Canada. In the event your spouse’s or partner’s temporary permit expired or is about to expire, they will need to apply for an extension or another permit to stay in Canada until they receive their PR status.

不可以。被担保人必须在获批工签后，才能开始在加拿大合法就业。

No. You must wait to receive your work permit before you can start to work in Canada.

有意担保配偶或同居伴侣移民的担保人，需要与加拿大移民部（IRCC）签订承诺书。对于居住在魁北克省以外的担保人，要求为所担保的配偶或同居伴侣及其受抚养子女，提供自被担保人成为加拿大永久居民之日起为期3年的财务，以及包括食物、服装、水电等公共设施方面的支持。除此之外，还需要偿还所担保家庭成员在这3年间所领取的任何省级社会援助。

该承诺书具有强制法律效用且不能取消，这意味着即便双方关系发生变化，担保人也有责任在承诺期限内继续提供经济支持。

As part of the sponsorship process, you will be required to sign an “undertaking”, which is a promise to provide financial support for the basic needs (such as food, clothing, shelter and health care not covered by the Canadian health care system) of your spouse or partner and their dependent children.

This undertaking, or promise of support, is mandatory and cannot be cancelled, which means that it is your responsibility to support your spouse or partner for the duration of the undertaking, even if your situation changes.

The duration of the undertaking, in all Canadian provinces except Quebec, is 3 years from the day your spouse, common-law or conjugal partner becomes a permanent resident. The length of the undertaking for Quebec residents differs from the length of the undertaking for the rest of Canada.

如果通过境内配偶担保递交移民申请，并无明文规定被担保人不能离境。但是，我们仍强烈建议被担保人在案件审理期间留在加拿大境内。如果被担保人只有持访客签证才能入境，那么在案件审理期间离境，不能保证被担保人能够再次顺利入境。离开加拿大，可能导致负责案件审理的移民官对被担保人的移民意图产生质疑，并最终导致移民申请被拒。

You will not be prevented from leaving Canada if you apply for sponsorship under the Inland category. However, it is strongly recommended that Inland sponsorship applicants remain in Canada while their application is being processed. If the sponsored person leaves Canada at any time during the processing of the application, there is no guarantee that they will be allowed to re-enter Canada, especially if they require a visitor visa. Leaving Canada may also cause the immigration officer assessing your application to have doubts about your intentions with respect to immigration and may ultimately result in your application being refused.

也许可以。加拿大政府的一项公共政策指出：在满足一系列前提条件（例如，作为担保人的加拿大公民或永久居民提供担保承诺等）的情况下，即使被担保人没有加拿大合法身份也可能被授予移民身份。然而，一般情况都需要先解决任何可能导致被担保配偶或同居伴侣不被允许入境加拿大的情况，再递交配偶担保申请。

Maybe. Canada has a public policy that covers spouses and common-law partners, provided they meet a number of conditions (including a sponsorship undertaking by their Canadian spouse or common-law partner), who may be assessed for permanent residence even if they do not have legal immigration status in Canada.

It is generally expected, however, that any situation that may result in the inadmissibility of your spouse or partner to Canada will be resolved prior to the submission of the sponsorship application.

如果被担保人移民申请被拒，他们必须在临时居民身份过期时立刻离境。此外，如果被担保人在境内配偶担保移民审理期间离境，不能保证他们能够再次入境加拿大；尤其是在其需要访问签证才能合法入境的情况下。

If a sponsored person’s application is refused, they are required to leave Canada immediately at the end of their temporary stay period. Additionally, if the sponsored person leaves Canada at any point while the application is being processed, there is no guarantee that they will be allowed to re-enter Canada, especially if they require a visitor visa.

近年来，加拿大政府通过现代化改革优化配偶担保审批程序。近期，加拿大移民部再次强调将通过加大拨款以缩减家庭团聚类移民审批时间，提效审批流程。移民部还将采取措施尽快批复更多团聚类移民，以减少积案。从现在到2024年，加拿大计划通过配偶担保每年接纳超过60,000名新移民。

In recent years, Canada has improved and modernized the procedures related to spousal sponsorships. Recently, IRCC has reasserted its commitment to family reunification by allocating additional funds to make processing of applications more efficient and to help speed up processing times. IRCC has also taken steps to approve more Canadian sponsorship applications to help reduce backlogs. Between now and 2024, Canada aims to welcome over 60,000 applicants each year through spousal sponsorships.