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COVID-19, family reunification with a new spouse

ELD1234

Member
Apr 22, 2020
12
1
Hi everyone,

I was wondering if someone could help me with my current situation.

I am a Canadian citizen, and I met my Colombian girlfriend a year and a half ago will travelling. During this time, we've seen each other for a year, but not successively and some of that time while we were travelling, so we don't qualify as a common law couple.

I am currently living with her in Colombia. Our plan before the COVID-19 pandemia was for me to work here for about a year, see how it is going between us, and then going to Canada together. But because of the COVID crisis, and since Canada is advising every Canadian to do so, I would like to go back home soon. And I would also like her to come with me.

To do so, we where thinking about getting married in the next weeks and then going back to Canada together, me as a Canadian citizen, and her as an immediate family member. We think that her travelling could fall under the ''non-discretionary family reunification'' category, but we are not sure.

Also, on a page of the Canada's website about immigration during COVID-19, they state the following:

''The objective of this exemption is to facilitate reuniting immediate family members who have been separated as a result of these travel restrictions. Migration officers and case processing officers are to assess the circumstances surrounding the foreign national’s travel prior to authorizing in writing that the foreign national is exempt under this provision. As noted above, the officer must be satisfied that the foreign national is not travelling for an optional or discretionary purpose.''

Do you think that she could come to Canada under the non-discretionary family reunification, or that the officier would feel like we are taking advantage of the current situation (for the fact that the marriage would be recent, and for the fact that we are currently together in Colombia)?

Thank you all for your input!
 

scylla

VIP Member
Jun 8, 2010
94,946
21,575
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi everyone,

I was wondering if someone could help me with my current situation.

I am a Canadian citizen, and I met my Colombian girlfriend a year and a half ago will travelling. During this time, we've seen each other for a year, but not successively and some of that time while we were travelling, so we don't qualify as a common law couple.

I am currently living with her in Colombia. Our plan before the COVID-19 pandemia was for me to work here for about a year, see how it is going between us, and then going to Canada together. But because of the COVID crisis, and since Canada is advising every Canadian to do so, I would like to go back home soon. And I would also like her to come with me.

To do so, we where thinking about getting married in the next weeks and then going back to Canada together, me as a Canadian citizen, and her as an immediate family member. We think that her travelling could fall under the ''non-discretionary family reunification'' category, but we are not sure.

Also, on a page of the Canada's website about immigration during COVID-19, they state the following:

''The objective of this exemption is to facilitate reuniting immediate family members who have been separated as a result of these travel restrictions. Migration officers and case processing officers are to assess the circumstances surrounding the foreign national’s travel prior to authorizing in writing that the foreign national is exempt under this provision. As noted above, the officer must be satisfied that the foreign national is not travelling for an optional or discretionary purpose.''

Do you think that she could come to Canada under the non-discretionary family reunification, or that the officier would feel like we are taking advantage of the current situation (for the fact that the marriage would be recent, and for the fact that we are currently together in Colombia)?

Thank you all for your input!
Does she have a valid TRV?

If you get married, then she would be exempt from the ban and be able to travel to Canada with you. However she would still need a TRV to travel.
 

ELD1234

Member
Apr 22, 2020
12
1
Does she have a valid TRV?

If you get married, then she would be exempt from the ban and be able to travel to Canada with you. However she would still need a TRV to travel.
No she doesn't have one. We read that it is possible to get a TRV, if she can prove that she is exempt of the restriction and that she's coming to Canada for an essential purpose.
However, it is not clear if they automatically give the TRV under the COVID application, of if the approbation of the TRV follows the same guideline as in normal time. Of what I previously read on this forum, if it is a normal TRV procedure, here chance of being approved would then be very low for being my spouse.
 

canuck_in_uk

VIP Member
May 4, 2012
31,554
7,200
Visa Office......
London
App. Filed.......
06/12
No she doesn't have one. We read that it is possible to get a TRV, if she can prove that she is exempt of the restriction and that she's coming to Canada for an essential purpose.
However, it is not clear if they automatically give the TRV under the COVID application, of if the approbation of the TRV follows the same guideline as in normal time. Of what I previously read on this forum, if it is a normal TRV procedure, here chance of being approved would then be very low for being my spouse.
There is no automatic TRV and the procedure to be approved remains the same.
 

scylla

VIP Member
Jun 8, 2010
94,946
21,575
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
No she doesn't have one. We read that it is possible to get a TRV, if she can prove that she is exempt of the restriction and that she's coming to Canada for an essential purpose.
However, it is not clear if they automatically give the TRV under the COVID application, of if the approbation of the TRV follows the same guideline as in normal time. Of what I previously read on this forum, if it is a normal TRV procedure, here chance of being approved would then be very low for being my spouse.
They do not automatically grant a TRV. She must apply for a TRV following the normal procedures.
 
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ELD1234

Member
Apr 22, 2020
12
1
They do not automatically grant a TRV. She must apply for a TRV following the normal procedures.
If I understand well, for getting her a TRV, proving that she is immediate family member and that the purpose of travel is ''non-discretionary family reunification'' is an other layer added to the already existent requirements of the TRV? Immigration Canada would need to feel like she does not plan to stay in Canada and that she has sufficient attachment to Colombia, on top of approving that her travelling is essentiel?
 

canuck78

VIP Member
Jun 18, 2017
54,555
13,238
If I understand well, for getting her a TRV, proving that she is immediate family member and that the purpose of travel is ''non-discretionary family reunification'' is an other layer added to the already existent requirements of the TRV? Immigration Canada would need to feel like she does not plan to stay in Canada and that she has sufficient attachment to Colombia, on top of approving that her travelling is essentiel?
Would assume that getting a TRV will be very difficult.
 

Chutsk10

Star Member
Feb 19, 2020
78
24
You aren't going to like my advice but I suggest you either:

1) Return home to Canada alone, and apply for a TRV for your girlfriend when the COVID-19 situation calms down.
2) Remain together in Colombia.

Getting a TRV will be hard enough in the best of times (although not impossible) but with COVID-19 crisis what is the reason for travel...family reunification? If it's so important for her to come to Canada to be with her spouse, then how are you going to convince the officer at the same time that she is going to leave Canada at the end of her stay? it's a tough situation.

Not to mention, Colombia is in a pretty tight lock-down right now (maybe it depends on the city) but finding a Notaria or Church to perform a wedding might also be difficult at this time.
 
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smileyface19

Star Member
Oct 3, 2019
76
9
I'm on work visa and my daughter on student visa. 1st time to visit Canada to reunite with my husband on work visa there, he went ahead last January of this year. I was not able to board the plane at all, airlines contacted Border patrol and they said my travel was NOT ESSENTIAL!!! Now I am stuck have to get letter of essential travel from the embassy! So to avoid any issues I would advise you to do the same and get a letter of essential travel if she is a TRV holder.
 

canuck78

VIP Member
Jun 18, 2017
54,555
13,238
I'm on work visa and my daughter on student visa. 1st time to visit Canada to reunite with my husband on work visa there, he went ahead last January of this year. I was not able to board the plane at all, airlines contacted Border patrol and they said my travel was NOT ESSENTIAL!!! Now I am stuck have to get letter of essential travel from the embassy! So to avoid any issues I would advise you to do the same and get a letter of essential travel if she is a TRV holder.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/covid-19-canada-travel-restrictions-and-who-are-immediate-family-members.682780/page-5