OpenVisaMy spouse is in Canada as a visitor. Inland or outland?
A visitor can go inland. The visitor's own stay is the first deadline.
A visitor holds temporary resident status, so both classes are open. The visitor's authorized stay is the deadline that comes first, because status is kept only by an application filed before it ends; after it ends, restoration within 90 days is a separate application.
1. Does a visitor qualify for inland?
Yes. The inland class (Spouse or Common-Law Partner in Canada) requires temporary resident status, and a visitor has it; the full condition is quoted on inland or outland.
A visitor record application filed before the authorized stay ends maintains status while IRCC decides; the spousal open work permit (SOWP) application filed with the inland sponsorship does the same. Let the status lapse and the visitor is in Canada without status. The inland application can still go ahead under IRCC's out-of-status public policy if the overstay is the only problem, but the visitor has no status while it's processed.
2. What does each class give a visitor?
- Inland: the open work permit while waiting, and staying with the sponsor throughout. The cost: no appeal to the Immigration Appeal Division if refused, and leaving Canada during processing is a risk at re-entry.
- Outland (Family Class): the sponsor's right to appeal a refusal, with some exceptions, and freedom to travel. Status still matters for staying in Canada, but not for the sponsorship itself. A couple in Canada choosing outland ticks the checklist box for it, quoted on inland or outland.
3. Which deadline comes first?
The visitor's authorized stay. Maintained status depends on applying before the authorized stay ends (IRPR s.183(5)), and IRCC recommends applying at least 30 days before. The sponsorship can follow once the marriage certificate or the common-law documents are ready. The rules are on what happens when status expires.
4. On the form
The Generic Application Form (IMM 0008) asks for the applicant's current status and its expiry; the checklist (item 5) asks for the class.
OpenVisa is software, not a lawyer or RCIC. This page explains what the rules and forms say; it is not advice about your case. You submit your application yourself.