Quickest way to bring newly married spouse to Canada during Covid-19

[neonlight]

Hello all, thanks a lot for your willingness to help!

I'm a PR living in Canada, and planning to go to my home country to get married in December. My girlfriend (5 years relationship) is from my home country. She never applied for Canada visa previously.

I'm wondering what could be the quickest way to bring her to Canada after marriage. I explored some options in the official website:

A. Coronavirus disease (COVID-19) and visitors to Canada: Uniting with family members [ https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/visitors/immediate-family.html]: It seems to suggest that new spouse would be able to apply for visitor visa to come to Canada. But it does not talk about timeline.

B. Family sponsorship [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship.html]: This I believe would be the solid option, but takes 12+ months to process.

My question to you all awesome people:

1. Are there other options at this moment to bring her to Canada as a spouse?
2. If she applies as immediate family member under 'Uniting with family members' visa category, is it still treated as a regular visitor visa, or does it get any preference?
3. What's the timeline to get a decision under this 'Uniting with family members' visa? Did anyone apply and would like to share there experience?

Thanks a lot for your time.

 

[armoured]

Hello all, thanks a lot for your willingness to help!

I'm a PR living in Canada, and planning to go to my home country to get married in December. My girlfriend (5 years relationship) is from my home country. She never applied for Canada visa previously.

I'm wondering what could be the quickest way to bring her to Canada after marriage. I explored some options in the official website:

A. Coronavirus disease (COVID-19) and visitors to Canada: Uniting with family members [ https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/visitors/immediate-family.html]: It seems to suggest that new spouse would be able to apply for visitor visa to come to Canada. But it does not talk about timeline.

B. Family sponsorship [https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship.html]: This I believe would be the solid option, but takes 12+ months to process.

My question to you all awesome people:

1. Are there other options at this moment to bring her to Canada as a spouse?
2. If she applies as immediate family member under 'Uniting with family members' visa category, is it still treated as a regular visitor visa, or does it get any preference?
3. What's the timeline to get a decision under this 'Uniting with family members' visa? Did anyone apply and would like to share there experience?

Thanks a lot for your time.

Quickest way is if spouse can get a TRV is to get the visa, come to Canada, and apply for PR as inland. (Can apply for visa and apply outland also - coming to Canada whenever - with the main distinction that no chance of work permit until PR status granted).

It is 'preferential' for TRV under covid in the sense that non-immediate family members mostly cannot get visitor visas at all (unless qualify under other exemptions.) She can still get refused.

So in simple terms: apply for TRV as soon as she can qualify as immediate family member. If refused, outland application only option (she can apply for TRV multiple times and later in process, of course). If accepted, can travel and apply inland or apply outland and travel later.

Important note: as PR you can apply to sponsor ONLY from within Canada.

 

[canuck78]

Is she from a visa exempt country? If so, it is much easiet. If not she should apply for a TRV before marriage for the best chance of being able to come to Canada soon after your marriage. Once married getting a TRV will be much more difficult although you should apply. If the TRVs are denied you will need to sponsor your spouse while you remain in Canada. Due to covid delays it will likely take over 1 year.

 

[armoured]

If not she should apply for a TRV before marriage for the best chance of being able to come to Canada soon after your marriage.

I wrote on basis that TRVs in covid times are not being issued except under exemptions.

I did neglect the recent change that potentially could apply under recently-announced 'extended family' which includes long-term exclusive relationships (e.g. prior to marriage).

https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/travel-restrictions-exemptions.html

So yes, potentially can now apply for TRV. Too soon to say right now whether chances of getting approved are better or worse than after getting married (presumably no better chances as similar issues with married couples).

 

[canuck78]

I wrote on basis that TRVs in covid times are not being issued except under exemptions.

I did neglect the recent change that potentially could apply under recently-announced 'extended family' which includes long-term exclusive relationships (e.g. prior to marriage).

https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/travel-restrictions-exemptions.html

So yes, potentially can now apply for TRV. Too soon to say right now whether chances of getting approved are better or worse than after getting married (presumably no better chances as similar issues with married couples).

It is much harder to get a TRV after marriage because it become a lot less likely that the spouse is only coming for a temporary visit. There is a pretty good chance that this couple will need to apply outland and remain separated for over a year. A short vacation or maybe 2 is allowed but would stick to only 2-3 weeks

 

[armoured]

It is much harder to get a TRV after marriage because it become a lot less likely that the spouse is only coming for a temporary visit. There is a pretty good chance that this couple will need to apply outland and remain separated for over a year. A short vacation or maybe 2 is allowed but would stick to only 2-3 weeks

I agree. My point though is that the only basis that I'm aware of to apply for a visa right now (covid times) - prior to marriage - is under the extended family (exclusive relationship) provision - assuming other provisions like essential worker don't apply.

What we DON'T know is whether the chances of acceptance under the extended family exemption for exclusive relationships will be any better than for TRV after marriage. My guess (and only a guess) is that it would be about as strict - chances as poor - because also a lot less likely that the partner in an exclusive relationship (i.e. future spouse) is only coming for a temporary visit.

So we do not know whether applying prior to marriage right now improves chances of being approved for TRV.

 

[neonlight]

Thanks a lot for your input, folks!

My to-be spouse is not from a visa exempt country. She will have to get fresh visa to enter Canada.

I'm trying to understand your point that she should apply for TRV now [before marriage]... does not it reduce the chance of getting visa, since she cannot show any 'ties' with me [Canadian PR holder]? Will not the marriage solidify the case of being a 'immediate family member'?

 

[armoured]

Thanks a lot for your input, folks!

My to-be spouse is not from a visa exempt country. She will have to get fresh visa to enter Canada.

I'm trying to understand your point that she should apply for TRV now [before marriage]... does not is reduce the chance of getting visa, since she cannot show any 'ties' with me [Canadian PR holder]? Will not the marriage solidify the case of being a 'immediate family member'?

There are two different issues which cut in different ways, getting a visa for a spouse (often difficult), and being an immediate family member (exempt from the covid travel restrictions). The key is that being exempt from the covid travel restrictions is not an exemption from the visa requirement, nor a guarantee that spouses will get visas. (Similarly the new 'extended family/exclusive relationship' exemption requires authorisation and is also not an exemption from the visa requirement, nor a promise to grant the visa).

1) For visitors from countries which require visas, they look for evidence the applicant will return to their home country when visa expires. Mainly this means ties to home country (job, housing, property, family, etc). Own funds helps (money to sustain self and return, sustainable life in home country). Usually having a spouse in Canada is a negative factor because (obviously) there is much higher risk the visitor will want to remain in Canada with their spouse and not depart at the end of their stay (i.e. the real purpose is not a visit but to remain in Canada). So the refusal ratio for spouses getting TRVs is fairly high.

Immediate family members (e.g. spouse) can travel to Canada if they do not require a visa (subject to documents showing the immediate family relationship). Those that require a visa still need a visa. The immediate family exemption is an exemption from covid travel restrictions, not visa requirements.

2) Right now - due to covid - travellers that do not qualify for an exemption cannot travel to Canada. I'm not aware of current formal policy but they are issuing very few visitor visas right now for 'regular' visitors -i.e. just coming as a tourist is not allowed and hence they're not rushing to issue tourist visas. (I.e. without ties to you she cannot travel to Canada at all)

Leaving aside the exemptions to covid travel restrictions not relevant to this case, that means the only way to get a visa and travel to Canada is as immediate family or in your case, as 'extended family/exclusive relationship.' (Note that even visitors from visa exempt countries who wish to visit on this basis must get authorisation in advance to travel - i.e. this authorisation is distinct from the visa). Immediate family members don't need separate authorisation but must apply for visa - with no guarantee it will be granted.

My point is that since the exclusive relationship is 'spouse like' (fiance relationship really), and that is the basis to travel to Canada (get authorisation/exemption from covid travel restrictions), there is some probability they will assess the application similar to how they would look at a visa for a spouse (immediate family). Meaning also - quite possibly a high refusal ratio.

But this is a new policy and not much known about how they are assessing in practice; I'm only looking at this in terms of the logic. If it's hard for spouses to get TRVs, I would not expect it to be any easier for 'fiances' to get visas (with this exemption from covid travel restrictions).

That said: it still makes sense to apply for a visa. There is no negative impact on future applications, be it for visitor visas or for spousal sponsorship, from either applying or being refused.

 

[canuck78]

There are two different issues which cut in different ways, getting a visa for a spouse (often difficult), and being an immediate family member (exempt from the covid travel restrictions). The key is that being exempt from the covid travel restrictions is not an exemption from the visa requirement, nor a guarantee that spouses will get visas. (Similarly the new 'extended family/exclusive relationship' exemption requires authorisation and is also not an exemption from the visa requirement, nor a promise to grant the visa).

1) For visitors from countries which require visas, they look for evidence the applicant will return to their home country when visa expires. Mainly this means ties to home country (job, housing, property, family, etc). Own funds helps (money to sustain self and return, sustainable life in home country). Usually having a spouse in Canada is a negative factor because (obviously) there is much higher risk the visitor will want to remain in Canada with their spouse and not depart at the end of their stay (i.e. the real purpose is not a visit but to remain in Canada). So the refusal ratio for spouses getting TRVs is fairly high.

Immediate family members (e.g. spouse) can travel to Canada if they do not require a visa (subject to documents showing the immediate family relationship). Those that require a visa still need a visa. The immediate family exemption is an exemption from covid travel restrictions, not visa requirements.

2) Right now - due to covid - travellers that do not qualify for an exemption cannot travel to Canada. I'm not aware of current formal policy but they are issuing very few visitor visas right now for 'regular' visitors -i.e. just coming as a tourist is not allowed and hence they're not rushing to issue tourist visas. (I.e. without ties to you she cannot travel to Canada at all)

Leaving aside the exemptions to covid travel restrictions not relevant to this case, that means the only way to get a visa and travel to Canada is as immediate family or in your case, as 'extended family/exclusive relationship.' (Note that even visitors from visa exempt countries who wish to visit on this basis must get authorisation in advance to travel - i.e. this authorisation is distinct from the visa). Immediate family members don't need separate authorisation but must apply for visa - with no guarantee it will be granted.

My point is that since the exclusive relationship is 'spouse like' (fiance relationship really), and that is the basis to travel to Canada (get authorisation/exemption from covid travel restrictions), there is some probability they will assess the application similar to how they would look at a visa for a spouse (immediate family). Meaning also - quite possibly a high refusal ratio.

But this is a new policy and not much known about how they are assessing in practice; I'm only looking at this in terms of the logic. If it's hard for spouses to get TRVs, I would not expect it to be any easier for 'fiances' to get visas (with this exemption from covid travel restrictions).

That said: it still makes sense to apply for a visa. There is no negative impact on future applications, be it for visitor visas or for spousal sponsorship, from either applying or being refused.

You can still apply as a normal tourist for future travel.

 

[Ck124]

anyone knows if the situation here has changed ? I am on a similar situation now and i am thinking whether or not applying for a visitor visa before applying for a Spousal PR is a good idea... would applying for a visitor visa before applying for Spousal PR, affect the PR application in any way ?
a little background: got engaged in Nov -21; Planning to get married in Feb in India; thinking of applying for a visitor visa for my fiance now, so that my fiance can accompany me after marriage

 

[scylla]

anyone knows if the situation here has changed ? I am on a similar situation now and i am thinking whether or not applying for a visitor visa before applying for a Spousal PR is a good idea... would applying for a visitor visa before applying for Spousal PR, affect the PR application in any way ?
a little background: got engaged in Nov -21; Planning to get married in Feb in India; thinking of applying for a visitor visa for my fiance now, so that my fiance can accompany me after marriage

The situation is still the same.

Your fiance can certainly try applying for a TRV now.