Visitor visa for fiancé

[12singaa]

Hello everyone,
I'm getting married next year, in January. So I can't apply for my wife's PR until then, I was wondering if she could visit me on a visitor visa and wait for PR here instead of back home as it could take upto a year. She got a job back home and funds aren't going to be a problem.

Also want to add that she was once refused for a visitor visa (may 2019) when her cousin applied for it. In that application they mentioned that she was going to look for job opportunities here in Canada, which was obviously a red flag for the visa officer.

Just want to know when I should apply for it and what kinda of documentation will be required for it. I'm thinking of trying in April so she can hopefully come here for a couple of weeks during the summer and hoping for a 10 year visa so she can come to Canada with me after the wedding.

 

[Amy23]

I think you can start your application as a common-law spouse if you have lived together before you came to canada and became apart, and also send an application for an open work permit so she can come and work while her PR is processed, that way you don't have to wait to get married to apply and then an extra year while the application processes. Be aware that if you do apply as common law, you need to provide sufficient proof of a real relationship (pictures over the years, letters from friends, proof of cohabitation, etc etc)

 

[12singaa]

I think you can start your application as a common-law spouse if you have lived together before you came to canada and became apart, and also send an application for an open work permit so she can come and work while her PR is processed, that way you don't have to wait to get married to apply and then an extra year while the application processes. Be aware that if you do apply as common law, you need to provide sufficient proof of a real relationship (pictures over the years, letters from friends, proof of cohabitation, etc etc)

I believe we have to be in a relationship for a year for that, which we haven't. So all I can think of is visitor visa.

 

[canuck78]

I believe we have to be in a relationship for a year for that, which we haven't. So all I can think of is visitor visa.

She can certainly try again but my be refused again.

 

[Amy23]

She can certainly try again but my be refused again.

Maybe if you show sufficient proof of the intention to marry for a travel visa? The U.S has a fiance visa for those who want to bring their fiance to the U.S and intend to marry within 90 days from travel, but that doesn't exist in Canada, so maybe she can apply for a regular tourist visa and with your application you can submit stuff like email exchanges with venues for the wedding in canada, marriage officiant, dates when the wedding would take place (my guess it can't be further than 6monnths from travel because that would suggest an overstay in the visitor record), invitations sent, etc). I applied for my parents' TVR so they could come to my graduation and we didnt submit enough proof and got refused once and then re-applied a few days later with more documents and got approved

 

[canuck78]

Maybe if you show sufficient proof of the intention to marry for a travel visa? The U.S has a fiance visa for those who want to bring their fiance to the U.S and intend to marry within 90 days from travel, but that doesn't exist in Canada, so maybe she can apply for a regular tourist visa and with your application you can submit stuff like email exchanges with venues for the wedding in canada, marriage officiant, dates when the wedding would take place (my guess it can't be further than 6monnths from travel because that would suggest an overstay in the visitor record), invitations sent, etc). I applied for my parents' TVR so they could come to my graduation and we didnt submit enough proof and got refused once and then re-applied a few days later with more documents and got approved

If it is clear they will get married they will be refused. To be approved she needs to show very strong ties to her home country (job, property, family commitments, etc) and good savings.

 

[Amy23]

If it is clear they will get married they will be refused. To be approved she needs to show very strong ties to her home country (job, property, family commitments, etc) and good savings.

You are probably right, a graduation is not a permanent reason to stay so maybe that is why they granted it to my parents, I am guessing the only way to apply would be to travel there and marry her (since IRCC does not recognizes marriages by proxy as valid) and then apply as outland spouse with a open work permit so she can come into the country, just my thoughts, I haven't been through this situation, I have been living in canada with my fiance for 3 years and we are getting married in a month, so take everything you read here with a grain of salt

 

[YVR123]

You are probably right, a graduation is not a permanent reason to stay so maybe that is why they granted it to my parents, I am guessing the only way to apply would be to travel there and marry her (since IRCC does not recognizes marriages by proxy as valid) and then apply as outland spouse with a open work permit so she can come into the country, just my thoughts, I haven't been through this situation, I have been living in canada with my fiance for 3 years and we are getting married in a month, so take everything you read here with a grain of salt

They cannot apply for an open work permit with outland spousal sponsorhip. And a fiance visa doesn't exist in Canada.

To get visitor visa, she needs to proof stronge tie to home country, finance and travel history as mentioned by canuck78.

Since she already had her visitor visa refused, unless there is now stronger tie to home (which seems the opposite with a fiance in Canada), I don't think the chance of approval is any higher than her first time.

 

[Copingwithlife]

And a “visitor visa”, is just that, to visit . The person in questions wants to wait out the PR application while in Canada, that’s not visiting .

 

[12singaa]

And a “visitor visa”, is just that, to visit . The person in questions wants to wait out the PR application while in Canada, that’s not visiting .

You're absolutely right, I was thinking of getting her to either apply for a visitor in during the summer to actually visit. She got a job back home, enough funds, we could buy a return ticket before hand to prove that she will indeed return after her stay and we can provide details about our wedding (receipts, air tickets for me to fly back for the wedding and a letter from my employer saying that I will be granted a leave for my wedding). Or we can wait a bit and she can visit just before the wedding during the holidays for Christmas and boxing day shopping. We can still provide the air tickets, wedding plans and letters from employers. I'm just thinking out loud nothing is really planned about applying yet.

Thank you, @canuck78 @Amy23 @YVR123 @Copingwithlife
I really appreciate everybody's input.

 

[canuck78]

You're absolutely right, I was thinking of getting her to either apply for a visitor in during the summer to actually visit. She got a job back home, enough funds, we could buy a return ticket before hand to prove that she will indeed return after her stay and we can provide details about our wedding (receipts, air tickets for me to fly back for the wedding and a letter from my employer saying that I will be granted a leave for my wedding). Or we can wait a bit and she can visit just before the wedding during the holidays for Christmas and boxing day shopping. We can still provide the air tickets, wedding plans and letters from employers. I'm just thinking out loud nothing is really planned about applying yet.

Thank you, @canuck78 @Amy23 @YVR123 @Copingwithlife
I really appreciate everybody's input.

Don’t buy any tickets before you get a visa. If you mention you are getting married you will be denied. Has anything changed since her last refusal?

 

[12singaa]

Don’t buy any tickets before you get a visa. If you mention you are getting married you will be denied. Has anything changed since her last refusal?

She got a job back home now. Shouldn't mentioning the marriage make it look like she has a reason to go back as the wedding will be back home.

 

[canuck78]

She got a job back home now. Shouldn't mentioning the marriage make it look like she has a reason to go back as the wedding will be back home.

Yes and no. Yes proof of the wedding means she will go back home but also that you are likely looking to apply inland.

 

[Chutsk10]

While there is technically nothing wrong with traveling to Canada on a TRV and applying for spousal sponsorship inland, I have been reading that it's generally frowned upon by immigration/CBSA authorities.

My suggestion is to apply again for a TRV for a legitimate short term stay, perhaps 2 weeks. Show strong ties to her home country but omit the part about returning home for a wedding. Also to be sure to mention on the application that she was rejected previously. If you provide evidence of strong ties to her home country then this fact shouldn't matter. However lying about this fact could get her barred for misrepresentation.

If the TRV is approved it will likely be for multiple entry. Once you are married she can come to Canada and apply inland (although you should read up on how to do this while maintaining status etc.) If you cant obtain the TRV then you might be forced to go the outland route.

Good luck!

 

[12singaa]

While there is technically nothing wrong with traveling to Canada on a TRV and applying for spousal sponsorship inland, I have been reading that it's generally frowned upon by immigration/CBSA authorities.

My suggestion is to apply again for a TRV for a legitimate short term stay, perhaps 2 weeks. Show strong ties to her home country but omit the part about returning home for a wedding. Also to be sure to mention on the application that she was rejected previously. If you provide evidence of strong ties to her home country then this fact shouldn't matter. However lying about this fact could get her barred for misrepresentation.

If the TRV is approved it will likely be for multiple entry. Once you are married she can come to Canada and apply inland (although you should read up on how to do this while maintaining status etc.) If you cant obtain the TRV then you might be forced to go the outland route.

Good luck!

I didn't know that we could apply inland. I wasn't planning on leaving any facts off the application as it could hurt the PR application.
What are some examples of strong ties to home country?