[Question] How can my to-be-wife get a Visitor visa during the sponsorship process?

[mistrhuhg]

Hello and good day to everyone,

We are a couple of Vietnamese currently staying in Singapore.
Unfortunately for us, since we have a few personal reasons and we were not married at the time, we have submitted 2 separate Express Entry, and with a Provincial Nomination my CoPR is underway but my fiancé is still waiting for the draws.

We would like to land in Canada quite soon, for me it's to finalize the PR status and find work, for her it's just a 1-week visit.
Then we would officially get married, and I can start the sponsorship process, along with the Open Work Permit application.

My worry is that my future wife might be refused to come to Canada with a Visitor visa in early 2019, since:
- having a husband in Canada is quite a strong tie.
- she would quit her job and try to find a new one with an Open Work Permit
which would tell IRCC that she would have no intentions of leaving after the visitor visa expires

May I know if anyone here has been in the same situation, and how should I proceed from here?

(I have been trying to look for an official answer, or a different type of visa, but could not find any in the IRCC's FAQ section)

 

[scylla]

Hello and good day to everyone,

We are a couple of Vietnamese currently staying in Singapore.
Unfortunately for us, since we have a few personal reasons and we were not married at the time, we have submitted 2 separate Express Entry, and with a Provincial Nomination my CoPR is underway but my fiancé is still waiting for the draws.

We would like to land in Canada quite soon, for me it's to finalize the PR status and find work, for her it's just a 1-week visit.
Then we would officially get married, and I can start the sponsorship process, along with the Open Work Permit application.

My worry is that my future wife might be refused to come to Canada with a Visitor visa in early 2019, since:
- having a husband in Canada is quite a strong tie.
- she would quit her job and try to find a new one with an Open Work Permit
which would tell IRCC that she would have no intentions of leaving after the visitor visa expires

May I know if anyone here has been in the same situation, and how should I proceed from here?

(I have been trying to look for an official answer, or a different type of visa, but could not find any in the IRCC's FAQ section)

You won't find anything on the IRCC web site.

The short answer is that there is a high chance your wife's TRV will be refused if her ties to her home country are weak and IRCC has concerns she has plans to remain in Canada long term. The fact she is living in Singapore temporarily will weaken her application.

Have you by any chance lived together for at least a year?

 

[mistrhuhg]

Unfortunately when we land it would have only been 10 months
But since we will be getting married after I finish the landing, I thought she would no longer be common-law partner?

So we will have to be separate for a year when the application is underway?

 

[scylla]

Unfortunately when we land it would have only been 10 months
But since we will be getting married after I finish the landing, I thought she would no longer be common-law partner?

So we will have to be separate for a year when the application is underway?

She should definitely try to apply for a TRV and try to show strong ties. There's always some chance she might be approved.

If not - then yes, you will have to be separated for most of the year while you sponsor her. You can take occasional short (2-3 week) trips to visit her but need to be spending the majority of your time in Canada while her sponsorship application is processed.

Note that if her TRV is refused, you'll need to land and become a PR, then fly back to get married, then return back to Canada to file the sponsorship application.

 

[mistrhuhg]

She should definitely try to apply for a TRV and try to show strong ties. There's always some chance she might be approved.

If not - then yes, you will have to be separated for most of the year while you sponsor her. You can take occasional short (2-3 week) trips to visit her but need to be spending the majority of your time in Canada while her sponsorship application is processed.

Note that if her TRV is refused, you'll need to land and become a PR, then fly back to get married, then return back to Canada to file the sponsorship application.

Thank you, but I think we might be talking about different things? Sorry if I was not being clear.

Her 1st TRV to come to Canada with me would be applied as single/never married so I don't think it would be a problem. It's not that important anyway...
But I imagine the 2nd TRV would be, since it would be applied in Jan 2019, and at that time we would be officially married.

May I know your thoughts please?

 

[YVR123]

Thank you, but I think we might be talking about different things? Sorry if I was not being clear.

Her 1st TRV to come to Canada with me would be applied as single/never married so I don't think it would be a problem. It's not that important anyway...
But I imagine the 2nd TRV would be, since it would be applied in Jan 2019, and at that time we would be officially married.

May I know your thoughts please?

If I understand it correctly, TRV if granted most likely are multi-entry visitor visa. So I don't see the need of a 2nd TRV...
And if she can get the 1st TRV before you get married, can't you two get married at her first trip (assuming that trip is after you landed as a PR)? Then she can try to stay and apply via inland (extend her visitor visa as well).

Anyway, since she is a temporary resident of Singapore, her tie to home country is not very strong. So try to proof strong tie to her home country and good travel history. And hopefully she can get her first TRV.

 

[mistrhuhg]

If I understand it correctly, TRV if granted most likely are multi-entry visitor visa. So I don't see the need of a 2nd TRV...
And if she can get the 1st TRV before you get married, can't you two get married at her first trip (assuming that trip is after you landed as a PR)? Then she can try to stay and apply via inland (extend her visitor visa as well).

Anyway, since she is a temporary resident of Singapore, her tie to home country is not very strong. So try to proof strong tie to her home country and good travel history. And hopefully she can get her first TRV.

We are not very worried though, for the 1st TRV (well the only one, thank you for the info), she would still hold the current job in Singapore.

Each of us has worked here for some years, so while the ties to Vietnam is not easy to prove, the ties to Singapore is quite significant...

I'm just worried about her trip in Jan/Feb 2019 since at that time she would already quit her job here in Singapore, plus she would need to declare that she has a husband in Canada. Would that reject her entry?

 

[scylla]

We are not very worried though, for the 1st TRV (well the only one, thank you for the info), she would still hold the current job in Singapore.

Each of us has worked here for some years, so while the ties to Vietnam is not easy to prove, the ties to Singapore is quite significant...

I'm just worried about her trip in Jan/Feb 2019 since at that time she would already quit her job here in Singapore, plus she would need to declare that she has a husband in Canada. Would that reject her entry?

Unless she has traveled quite a bit to countries requiring visas (e.g. UK, US), I would be worried about the first visa. We see lots of refusals here due to "immigration status in current country" (meaning someone doesn't have citizenship or permanent residency in the country where they are living). If she gets a multiple TRV approved, the second trip won't be an issue.

 

[mistrhuhg]

Unless she has traveled quite a bit to countries requiring visas (e.g. UK, US), I would be worried about the first visa. We see lots of refusals here due to "immigration status in current country" (meaning someone doesn't have citizenship or permanent residency in the country where they are living). If she gets a multiple TRV approved, the second trip won't be an issue.

Erm actually only China and Taiwan (consider those as 1 country or 2 countries is not for me to decide), but generally with a high paying job in Singapore, I think we have more than a slim chance to have the 1st TRV.

Thank you so much!

 

[mistrhuhg]

Fortunately I have found some information on this. While not 100% applicable to our specific case, I think it more or less relieves us of our worries.
I hope this can help people with similar circumstances.

Thank you all so much!

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=206&top=17

Should I apply for an eTA or a visa when I apply for a work permit?

No. Depending on your citizenship, you may need an Electronic Travel Authorization (eTA) or a visitor visa, as well as a work permit. Your eTA or visa will be issued to you at the same time as your work permit. You do not need to apply separately or to pay an additional fee.

 

[scylla]

Fortunately I have found some information on this. While not 100% applicable to our specific case, I think it more or less relieves us of our worries.
I hope this can help people with similar circumstances.

Thank you all so much!

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=206&top=17

This scenario isn't relevant to your situation. This scenario applies to individuals who have been approved for closed work permits from outside of Canada as a result of obtaining a job offer and approved LMIA from their employer - and are coming to Canada as a temporary worker. Your future wife will be applying for an open work permit after arriving in Canada - and as part of a spousal sponsorship application.

Also - eTAs are only available to people from specific countries. Vietnamese passport holders do not qualify for eTAs (unless they also hold a valid US green card). Does your future wife hold a passport / citizenship in another country other than Vietnam?

 

[mistrhuhg]

This scenario isn't relevant to your situation. This scenario applies to individuals who have been approved for closed work permits from outside of Canada as a result of obtaining a job offer and approved LMIA from their employer - and are coming to Canada as a temporary worker. Your future wife will be applying for an open work permit after arriving in Canada - and as part of a spousal sponsorship application.

Also - eTAs are only available to people from specific countries. Vietnamese passport holders do not qualify for eTAs (unless they also hold a valid US green card). Does your future wife hold a passport / citizenship in another country other than Vietnam?

I'm sorry but I must say that I find your argument very unconvincing. May I know how you deduced those information from the FAQ link? I can't seem to find any connection.

Plus, the link does mention eTAs or Visa, depending on citizenship. I'm quite sure you misread the information this time.

 

[scylla]

I'm sorry but I must say that I find your argument very unconvincing. May I know how you deduced those information from the FAQ link? I can't seem to find any connection.

Plus, the link does mention eTAs or Visa, depending on citizenship. I'm quite sure you misread the information this time.

I have not misread.

Tool that tells you if you are eligible for an eTA or have to apply for a visitor visa:

http://www.cic.gc.ca/english/visit/visas.asp?_ga=2.57341229.68997360.1521045794-668367464.1464266945

 

[Buletruck]

If I understand it correctly, TRV if granted most likely are multi-entry visitor visa

It’s never guaranteed that a TRV will be multi year/multi entry. IRCC will often issue short duration/short validity single entry TRV’s to a first time traveller to Canada. It is almost as if they are testing to see if you will meet the conditions and not attempt to extend or overstay. My wife was issued two single entry/6 month validity TRV’s before she fore she received a multi year/multi entry.

 

[scylla]

I'll break it down for you...

Unless your wife has a full time job offer from an employer in Canada and that employer has obtained an approved LMIA, she cannot apply for a work permit from outside of Canada. She can only apply once she has arrived in Canada and is physically in the country. Additionally, the work permit application can only be submitted together with the spousal sponsorship application after you have gotten married.

To come to Canada in the first place, your wife needs a visitor visa (unless she has a valid US green card or has citizenship in a country other than Vietnam that is visa exempt and qualifies for an eTA).

The FAQ you quoted is for individuals who are applying for a work permit from outside of Canada and are now wondering if they also need to obtain a visitor visa or eTA to travel to Canada - or if their work permit is sufficient to travel and gain entry to Canada. It's obviously not relevant to your wife's situation since she will need to obtain a visitor visa first to come to Canada. The work permit will be a separate application entirely (linked to the spousal sponsorship application).