Covid-19 and visitor visa

[Mathieu]

I (Canadian citizen) am currently living outside Canada and my wife is Indonesian citizen. We already applied for the family class sponsorship for her permanent residency in january and it is in process. Since we are moving to Quebec, it might take extra time for the CSQ from what I have read. We would like to move back earlier, so in that case she would need a visitor visa until she get her PR approved. I just saw some new guidelines regarding the visit visa in the covid-19 context.

From an immigration website (I highlited the part I am asking about):
Family Reunification
The guidance warns that family ties do not automatically qualify as non-optional or non-discretionary travel. “Family members will be required to show that they are not travelling for a discretionary or optional purpose such as a routine family visit,” the guidance says.

IRCC examples of non-discretionary or non-optional travel for family reunification include:

• To take up full-time residence in Canada (this applies to prospective permanent residents as well as temporary residents seeking entry to Canada to live with immediate family members).
• To care for an ill family member or a family member who is unable to care for themselves when no other arrangements can be made.
• For foreign national immediate family member(s) to spend the pandemic period with their Canadian citizen family member so they can help to ensure each other’s health, safety and well-being.
• Shared custody agreement across borders, as this would be complying with a court order.

Does this mean my wife could now travel to Canada while she is waiting for her PR if the intent is to take residence there? It seems like it would qualify for an essential purpose for travel, although usually we need to prove that she would leave Canada at the end of the trip. Does this mean that they now facilitate entry for those waiting for PR status?

Thanks for the advice!

 

[scylla]

I (Canadian citizen) am currently living outside Canada and my wife is Indonesian citizen. We already applied for the family class sponsorship for her permanent residency in january and it is in process. Since we are moving to Quebec, it might take extra time for the CSQ from what I have read. We would like to move back earlier, so in that case she would need a visitor visa until she get her PR approved. I just saw some new guidelines regarding the visit visa in the covid-19 context.

From an immigration website (I highlited the part I am asking about):
Family Reunification
The guidance warns that family ties do not automatically qualify as non-optional or non-discretionary travel. “Family members will be required to show that they are not travelling for a discretionary or optional purpose such as a routine family visit,” the guidance says.

IRCC examples of non-discretionary or non-optional travel for family reunification include:

• To take up full-time residence in Canada (this applies to prospective permanent residents as well as temporary residents seeking entry to Canada to live with immediate family members).
• To care for an ill family member or a family member who is unable to care for themselves when no other arrangements can be made.
• For foreign national immediate family member(s) to spend the pandemic period with their Canadian citizen family member so they can help to ensure each other’s health, safety and well-being.
• Shared custody agreement across borders, as this would be complying with a court order.

Does this mean my wife could now travel to Canada while she is waiting for her PR if the intent is to take residence there? It seems like it would qualify for an essential purpose for travel, although usually we need to prove that she would leave Canada at the end of the trip. Does this mean that they now facilitate entry for those waiting for PR status?

Thanks for the advice!

There's no black and white answer unfortunately regarding whether she would be able to enter. However there is no special facilitation visa if that's what you're asking.

First of all, she will need an approved TRV. This hasn't changed and she will need to follow the same process as pre-COVID-19 to apply. Hopefully she has one already. If not, processing will likely take a number of months (everything is slower right now due to COVID-19).

Once she has the approved TRV, there's still no guarantee she will be allowed to board the plane based on experiences here. It seems to be a dice roll since she will be a TRV holder (i.e. visitor) rather than a COPR holder (i.e. settler).

Before attempting to board a flight, you'll want to request and obtain an authorization letter from IRCC stating her travel reasons are essential. However even people with this letter have been refused boarding.

So unfortunately nothing is really guaranteed right now. Lots of very mixed experience here.

But if you want to give it a go, start by getting the TRV. Then get the letter from IRCC. Good luck.

 

[Mathieu]

There's no black and white answer unfortunately regarding whether she would be able to enter. However there is no special facilitation visa if that's what you're asking.

First of all, she will need an approved TRV. This hasn't changed and she will need to follow the same process as pre-COVID-19 to apply. Hopefully she has one already. If not, processing will likely take a number of months (everything is slower right now due to COVID-19).

Once she has the approved TRV, there's still no guarantee she will be allowed to board the plane based on experiences here. It seems to be a dice roll since she will be a TRV holder (i.e. visitor) rather than a COPR holder (i.e. settler).

Before attempting to board a flight, you'll want to request and obtain an authorization letter from IRCC stating her travel reasons are essential. However even people with this letter have been refused boarding.

So unfortunately nothing is really guaranteed right now. Lots of very mixed experience here.

But if you want to give it a go, start by getting the TRV. Then get the letter from IRCC. Good luck.

Thanks alot for the info! It makes things clearer. I'll keep following what happens to others I guess. Maybe things will get more in order regarding the IRCC letter over time.

 

[sab_217]

Thanks alot for the info! It makes things clearer. I'll keep following what happens to others I guess. Maybe things will get more in order regarding the IRCC letter over time.

I am in the same situation. My husband and my new born baby are Canadian Citizens. However my sponsorship application is in process.
After reading the new guidelines on CIC website. I have applied for TRV in the second week of April from USA.
And since then we have not heard anything from them. I have submitted webform after speaking to call centre agent but no reply yet. As suggested by the another call center CIC agent I had also sent request to get authorization letter from IRCC On this email:
IRCC.COVID-TravelExemptions-Exemptionsdevoyage-COVID.IRCC@cic.gc.ca

So I think they are slow processing due to reduce staff and pandemic.

 

[Mathieu]

I am in the same situation. My husband and my new born baby are Canadian Citizens. However my sponsorship application is in process.
After reading the new guidelines on CIC website. I have applied for TRV in the second week of April from USA.
And since then we have not heard anything from them. I have submitted webform after speaking to call centre agent but no reply yet. As suggested by the another call center CIC agent I had also sent request to get authorization letter from IRCC On this email:
IRCC.COVID-TravelExemptions-Exemptionsdevoyage-COVID.IRCC@cic.gc.ca

So I think they are slow processing due to reduce staff and pandemic.

Let us know how it goes!

 

[Allysia]

I (Canadian citizen) am currently living outside Canada and my wife is Indonesian citizen. We already applied for the family class sponsorship for her permanent residency in january and it is in process. Since we are moving to Quebec, it might take extra time for the CSQ from what I have read. We would like to move back earlier, so in that case she would need a visitor visa until she get her PR approved. I just saw some new guidelines regarding the visit visa in the covid-19 context.

From an immigration website (I highlited the part I am asking about):
Family Reunification
The guidance warns that family ties do not automatically qualify as non-optional or non-discretionary travel. “Family members will be required to show that they are not travelling for a discretionary or optional purpose such as a routine family visit,” the guidance says.

IRCC examples of non-discretionary or non-optional travel for family reunification include:

• To take up full-time residence in Canada (this applies to prospective permanent residents as well as temporary residents seeking entry to Canada to live with immediate family members).
• To care for an ill family member or a family member who is unable to care for themselves when no other arrangements can be made.
• For foreign national immediate family member(s) to spend the pandemic period with their Canadian citizen family member so they can help to ensure each other’s health, safety and well-being.
• Shared custody agreement across borders, as this would be complying with a court order.

Does this mean my wife could now travel to Canada while she is waiting for her PR if the intent is to take residence there? It seems like it would qualify for an essential purpose for travel, although usually we need to prove that she would leave Canada at the end of the trip. Does this mean that they now facilitate entry for those waiting for PR status?

Thanks for the advice!

I noticed that specific wording too and it gave me a lot of hope to bring my husband to Canada sooner. Our sponsorship application is at 15 months waiting now. I sent him an invitation letter to come, using the specific wording of that website as our reason. We will see what happens though. It's tricky because visitor visa is meant to be temporary, and my letter suggests that he come wait out COVID-19 with me so we can look out for each other's safety and well being during this challenging time, but also that I hope our sponsorship application is approved in that time frame considering that it's over due. Honesty is the best policy right? God I hope so. I hope whoever reviews our visa application has the utmost sympathy for our situations.

 

[Mathieu]

I noticed that specific wording too and it gave me a lot of hope to bring my husband to Canada sooner. Our sponsorship application is at 15 months waiting now. I sent him an invitation letter to come, using the specific wording of that website as our reason. We will see what happens though. It's tricky because visitor visa is meant to be temporary, and my letter suggests that he come wait out COVID-19 with me so we can look out for each other's safety and well being during this challenging time, but also that I hope our sponsorship application is approved in that time frame considering that it's over due. Honesty is the best policy right? God I hope so. I hope whoever reviews our visa application has the utmost sympathy for our situations.

Thanks for sharing! Please keep us updated and good luck!

 

[Mikaycik]

There's no black and white answer unfortunately regarding whether she would be able to enter. However there is no special facilitation visa if that's what you're asking.

First of all, she will need an approved TRV. This hasn't changed and she will need to follow the same process as pre-COVID-19 to apply. Hopefully she has one already. If not, processing will likely take a number of months (everything is slower right now due to COVID-19).

Once she has the approved TRV, there's still no guarantee she will be allowed to board the plane based on experiences here. It seems to be a dice roll since she will be a TRV holder (i.e. visitor) rather than a COPR holder (i.e. settler).

Before attempting to board a flight, you'll want to request and obtain an authorization letter from IRCC stating her travel reasons are essential. However even people with this letter have been refused boarding.

So unfortunately nothing is really guaranteed right now. Lots of very mixed experience here.

But if you want to give it a go, start by getting the TRV. Then get the letter from IRCC. Good luck.

Thanks for the breakdown. Do you have any idea if those who are already holding a tourist visa would require such a letter from IRCC?

 

[scylla]

Thanks for the breakdown. Do you have any idea if those who are already holding a tourist visa would require such a letter from IRCC?

Not enough information. Do they have family in Canada? If so, who are those family members and what is their status in Canada?

 

[Mikaycik]

Oh sorry my husband (Canadian citizen) and I (Turkish with a valid tourist visa) live abroad. We had planned to move to Canada together this July before all this hit and wait for the result there if possible. My outland PR application has been submitted already.

 

[scylla]

Oh sorry my husband (Canadian citizen) and I (Turkish with a valid tourist visa) live abroad. We had planned to move to Canada together this July before all this hit and wait for the result there if possible. My outland PR application has been submitted already.

It's hard to say. We have seen people be successful in boarding in your situation while others were refused. I would try to get the letter.

It's possible the travel restrictions will be lifted in July. If they are, that will solve the problem. However I would try to get the letter since it's not guaranteed your travel will be seen as essential and you will be allowed to board.

 

[Mikaycik]

Thank you very much for your reply.