Best scenario to sponsor your wife?

[alxms10]

Dear all

This is my first tread in the family class sponsorship forum and I am quiet lost. I have gone through the express entry program and I became a PR in August 2017 as a single applicant. I have read the Complete Guide (IMM 5289) and still have lots of questions.

My scenario is as follows:

I am currently single and planning to get married sometime next year, let’s say July 2018 for the sake of this discussion. As a permanent resident (and unlike a Canadian citizen) I understand I have to be physically present in Canada to start the sponsorship application for my wife-to-be. So if we get married in July 2018 and say I apply to sponsor here October 2018:

1. Do I have to be present in Canada for 12 months (the average processing time) and can’t leave Canada for non-holiday reasons while she is away back home?
2. If I am happy to stay in Canada during the processing time, can she apply for a visit visa in September 2018, say, and then later after we settle in Canada I can apply to sponsor here through the “outland” route (only because it is faster)? If yes, what should I do after her 6-month visa expires? Can she (as an outland applicant) leave and apply for another 6-month visit visa while her sponsorship application is being processed?

I mean in general having being through this yourself, if you were me and have a lot of time before you will get married and considering money is not a major issue, what is the best scenario to sponsor your wife and be together during the time it takes to process and finalise the application towards here permenant residence?

PLEASE do share your experiences

Kindest regards
alxms10

 

[scylla]

1. You must live in Canada for most of the time it takes for the application to be processed. Occasional short trips (2-3 weeks) outside of Canada are fine. If you take longer trips or are away too often, IRCC will likely refused the application.
2. She can apply for a TRV but there is no guarantee it will be approved. I would recommend trying to apply for a TRV before she gets married. To have the highest chances of success, she will need to provide strong evidence of her ties to her home country.

 

[alxms10]

1. You must live in Canada for most of the time it takes for the application to be processed. Occasional short trips (2-3 weeks) outside of Canada are fine. If you take longer trips or are away too often, IRCC will likely refused the application.
2. She can apply for a TRV but there is no guarantee it will be approved. I would recommend trying to apply for a TRV before she gets married. To have the highest chances of success, she will need to provide strong evidence of her ties to her home country.

Thanks very much scylla, much appreciated.

All right I follow, but what to do after her TRV expires? Can she go back to our home country and apply again (considering that by that time her sponsorship application is with CIC)?

But still, if you were to get married mid of next year what is the best scenario do you think? Should the wife apply for TRV before marriage? I understand that there is no guarantee her application will be approved!

Guys please kindly interact

 

[alxms10]

OK guys, I have done a lot of reading on the Family Class Sponsorship forum and I have this question with hypothetical dates, let us say:

• My future wife applies and gets a TRV visa in May 2018 (which is assumed to be valid for 6 months)
  • She will apply as a single applicant with proof of ties to her home country
• We get married in July 2018
  • She is no longer single!
• We travel to Canada together in September 2018
• I apply to sponsor her and send full application in September/October 2018 through the "inland" route with the option to extend here TRV visa

Does this process make sense and is it acceptable by CIC?

 

[JulianaAndrew]

OK guys, I have done a lot of reading on the Family Class Sponsorship forum and I have this question with hypothetical dates, let us say:

• My future wife applies and gets a TRV visa in May 2018 (which is assumed to be valid for 6 months)
  • She will apply as a single applicant with proof of ties to her home country
• We get married in July 2018
  • She is no longer single!
• We travel to Canada together in September 2018
• I apply to sponsor her and send full application in September/October 2018 through the "inland" route with the option to extend here TRV visa

Does this process make sense and is it acceptable by CIC?

I wouldn't risk applying for a TRV visa the way you are implying. If she doesn't mention the true intentions of her trip to Canada, or say you're her boyfriend and such, and she gets the visa, then later apply for a PR through Inland or Outland, they could catch that as misrepresentation. They would have access to the older TRV application, where they could see whether she lied or not. I am not sure what they would do if that was the case. Also note that should your inland application be refused, you wouldn't have the option to appeal the decision. If when you say she will apply as a single applicant means she'll say she's single and the purpose of her trip is just to be a tourist in the country, and therefore doesn't mention you and your plans at all, I would personally not recommend that at all. Immigration to Canada is very serious and I really would not jeopardize the application in any way. The best way is to be completely honest with them.

 

[Buletruck]

I wouldn't risk applying for a TRV visa the way you are implying. If she doesn't mention the true intentions of her trip to Canada, or say you're her boyfriend and such, and she gets the visa, then later apply for a PR through Inland or Outland, they could catch that as misrepresentation.

Have to say I can't see this happening, as personally, we applied for 3 TRV's between 2012 and 2014 for my spouse, prior to being common law, with her listed as single. I did supply a letter of support for each application, along with the proof she required. During that time she made 11 or so trips to Canada. The first two TRV's were given as a 6 month single entry and then a 1 year single entry. The third was a 10 year multiple entry, after which we applied for her PR (successfully) outland while she remained in Canada as a visitor in 2015. I don't see how they can interpret applying as single (boyfriend, fiancé or not) as misrepresentation as situations and plans change. As they regularly allow visitors dual intent when entering Canada, you are not breaching any policy or law.

 

[alxms10]

Buletruck and JulianaAndrew thanks very much for the interaction and the input

Sorry for asking this question for the third time, but now you understand that I am still single and have a lot of time in hand, what is best for me to do? What would do if you were me? Please note that I am happy to delay my marriage if there is a good reason for it!

• Just get married and then spend time with my wife and then move to Canada alone and stay for a year and then bring her over; or
  • Or do that plus go back for short visits; or
• Get married and then apply for her TRV visa (hopefully gets approved) and clearly state that we are married and clearly indicate that I am a PR and she is applying for TRV just to be with me during the time I apply from inside Canada after we settle "outland most likely" for Sponsorship and wait for the result of that, and apply for extension of her TRV at the same time we're applying for sponsorship; or
• any other scenario which seems to be the best choice

All I want you to appreciate is that even though some of my questions seem simple but it is just because I only started reading about this subject a week ago. (But I did do a lot of effort trying to understand the overall process). I mean if someone single asked me a similar question about best scenario to apply through Express Entry I would be able to give best or next to best scenario BECAUSE I have been through the whole process myself

 

[Buletruck]

what is best for me to do

Honestly, there are just so many variables you have to consider that the choice is entirely yours. We spent a significant amount of time establishing her travel history to other visa required countries before we even applied to Canada (2010-2012) and carefully documented that travel together. I was a expatriot living overseas, so for the TRV application, we submitted both itineraries, and my work contract, making it obvious that when I returned overseas, it was highly likely she was coming too. If you are only a week into your research, start thinking what your objective is, what you are willing to live with and how to do it without jeapordizing you or your future wife’s chances or status in the future. JuliannaAndrews comments are worth considering, as are everyone else’s. Mine are based on my experience and research (as would be your comments on an EE application). But the truth of the matter is that there are always variables that affect each applicant and application differently. And, unfortunately, it’s only you and you significant other that can really decide the best course of action for you.

 

[elenama]

If you're looking for the safest way to do this, here it is:
- get married in your home country
- make sure you have all the docs for outland sponsorship
- come to Canada and apply outland from here while your wife is still back home
- bring her over when your app is approved.
Outland processing times vary anywhere between 4 and 12 month depending on your visa office. Ours was done in 6 months.

If your priority is to be together during the process, then get a TRV for her while she's single, make sure she can demonstrate strong ties to her home country. Then both come to Canada , get married and apply inland. When you file an inland sponsorship application, you can send a work permit application for her with it. A work permit usually gets processed in under 4 months. That way she will have a status here for the duration of the process.
If you apply outland, you do not have the advantage of a work permit, and if her TRV expires, it is likely that she will be refused an extension.

 

[Buletruck]

Plans can change but a wedding takes months to plan so it’s not like it happened out of the blue.

The application, when submitted, is based on your current status, not what "might" happen in a month or two. Nothing illegal or wrong with that. There is no option for "Single, but might get married and have a kid" on the application. There is nothing stopping them from extending her visit after she arrives to allow for the planning of a wedding. Hell, people "pop" down to Vegas for a weekend with no planning to do that, and it's a legal marriage.

In my case, our intent was to apply common-law....from the start. We just took the time (and had that luxury) and research the options to make sure our applications were as strong as possible. The fact that at the time of each TRV application she listed herself as single, is not misrepresentation. It's a fact. In this case, the same applies. His future wife is currently single. Until she is married or common law, that won't change!

 

[canuck_in_uk]

OK guys, I have done a lot of reading on the Family Class Sponsorship forum and I have this question with hypothetical dates, let us say:

• My future wife applies and gets a TRV visa in May 2018 (which is assumed to be valid for 6 months)
  • She will apply as a single applicant with proof of ties to her home country
• We get married in July 2018
  • She is no longer single!
• We travel to Canada together in September 2018
• I apply to sponsor her and send full application in September/October 2018 through the "inland" route with the option to extend here TRV visa

Does this process make sense and is it acceptable by CIC?

You can do this. There is nothing wrong with her applying for the TRV as single and then coming to Canada to get married. It is NOT misrepresentation.

The issue is getting the TRV approved in the first place. Until you have approval or refusal, there isn't really any point in looking at hypotheticals.

 

[alxms10]

Thanks everyone for the input, I highly appreciate it.

I guess from what I read in the Family Class Sponsorship forum there is a high chance of rejection for no good reason, even if you provide solid evidence of ties to home country. It looks like the safest option for me is to just travel on my own to Canada months after marriage and apply for sponsorship from within Canada through the "outland" route. I am only writing my thoughts so that others who are looking for a similar advice can see the decision that I currently came to. If circumstance change which happen to alter my decision, I will be happy to share my story before, during and after the sponsorship application!

Thanks again everyone and enjoy your day