Visiting Spouse during COVID-19

[mahbub_mishu]

Hi,
I applied for a temporary resident visa in 16 March 2020 and get my biometric done in 18 March 2020. I received the correspondence letter on 01.04.2020 saying that my biometric is valid for 10 years and that is it. No decision was given (accept/refuse). Since then as of now, the decision is still pending.

Reason of my application: My was issued visa for her MSc course at university of Alberta. Her visa was issued before 16 March 2020. I wanted to travel with her. I did not apply for a work permit because my intention was to visit my wife every few months. I am a university professor. My wife entered in Canada in 11 August 2020 and was given a study permit. I have seen an email address on IRCC website saying if anyone is a spouse of a person who is in Canada temporary, then family reunite is allowed with written authorization from IRCC. I sent two emails. Although they have said they would reply in 5 business working days but no reply as of now.

In this scenario, what can I do? please advice. Shall I make another application? or is it possible to take IRCC to Canadian court?

Any help would be highly appreciated.

 

[scylla]

Hi,
I applied for a temporary resident visa in 16 March 2020 and get my biometric done in 18 March 2020. I received the correspondence letter on 01.04.2020 saying that my biometric is valid for 10 years and that is it. No decision was given (accept/refuse). Since then as of now, the decision is still pending.

Reason of my application: My was issued visa for her MSc course at university of Alberta. Her visa was issued before 16 March 2020. I wanted to travel with her. I did not apply for a work permit because my intention was to visit my wife every few months. I am a university professor. My wife entered in Canada in 11 August 2020 and was given a study permit. I have seen an email address on IRCC website saying if anyone is a spouse of a person who is in Canada temporary, then family reunite is allowed with written authorization from IRCC. I sent two emails. Although they have said they would reply in 5 business working days but no reply as of now.

In this scenario, what can I do? please advice. Shall I make another application? or is it possible to take IRCC to Canadian court?

Any help would be highly appreciated.

Right now non-essential travel to Canada is banned due to COVID-19. If you have applied for a visitor visa, then that indicates you are coming here for a short visit as a tourist which is generally viewed as non-essential travel and exceptions aren't being granted.

I would recommend that you submit an Open Work Permit application based on your wife's study permit.

 

[mahbub_mishu]

Thank you for your valuable feedback. Highly appreciated. But open work permit's processing time is 12 month isn't it?

 

[scylla]

Thank you for your valuable feedback. Highly appreciated. But open work permit's processing time is 12 month isn't it?

No - it's not 12 months. However it is several months right now.

You can also keep waiting for the TRV. However I think an exception is unlikely to be approved while the travel ban is in place since your spouse is only in Canada as a temporary resident.

 

[mahbub_mishu]

Thank you. Do you think emailing to immigration minister will make any difference? In the IRCC website, there is an email address for those who applied TRV before 9th April. Also it says spouse of foreign national who is temporarily in Canada can reunite with written authorisation from IRCC.

 

[scylla]

Thank you. Do you think emailing to immigration minister will make any difference? In the IRCC website, there is an email address for those who applied TRV before 9th April. Also it says spouse of foreign national who is temporarily in Canada can reunite with written authorisation from IRCC.

No - I don't think it will make any difference.

 

[canuck78]

Thank you. Do you think emailing to immigration minister will make any difference? In the IRCC website, there is an email address for those who applied TRV before 9th April. Also it says spouse of foreign national who is temporarily in Canada can reunite with written authorisation from IRCC.

If your spouse is able to get a TRV or SOWP then you‘ll need to ask CIC for special permission for your wife to travel.

 

[gokul0989]

Hi I am a PR and working in Edmonton. I recently moved a month ago from india. I am planning to apply for visiting visa for my wife for a period of six months. I will also book return tickets for her. Is there any possibilities of the visa getting approved. Can she be able to travel if the visa is approved?. Thank you.

 

[Naturgrl]

Hi I am a PR and working in Edmonton. I recently moved a month ago from india. I am planning to apply for visiting visa for my wife for a period of six months. I will also book return tickets for her. Is there any possibilities of the visa getting approved. Can she be able to travel if the visa is approved?. Thank you.

If you are a PR then why haven’t you applied for spousal sponsorship? If you have then a visitor visa is likely to be refused because she is not coming to visit but live. Also processing is 8+. months for visitor visas.

 

[gokul0989]

If you are a PR then why haven’t you applied for spousal sponsorship? If you have then a visitor visa is likely to be refused because she is not coming to visit but live. Also processing is 8+. months for visitor visas.

I have not yet applied for spousal sponsorship. I have just joined in a job here. Thought I need to complete at least 3 months so that I can show income proof etc for applying dependent PR. That is why I wanted to apply for visitors visa first. Then once my spouse is here I will submit the sponsorship application.

 

[Naturgrl]

I have not yet applied for spousal sponsorship. I have just joined in a job here. Thought I need to complete at least 3 months so that I can show income proof etc for applying dependent PR. That is why I wanted to apply for visitors visa first. Then once my spouse is here I will submit the sponsorship application.

Spousal sponsorship has no such requirement. The pay stubs are applying for an spousal open work permit. You can decide what you want to apply for as both take a long time.

 

[gokul0989]

Spousal sponsorship has no such requirement. The pay stubs are applying for an spousal open work permit. You can decide what you want to apply for as both take a long time.

Thank you for the valuable information. I will apply accordingly.

 

[canuck78]

Thank you for the valuable information. I will apply accordingly.

Being employed certainly helps but you can update your sponsorship application after the fact.