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Enter Canada with TRV and then apply for Spousal sponsorship

AKCAN

Newbie
Mar 9, 2019
6
0
Hi Folks

My wife got her CoPR and she has to enter Canada before August 2nd.
When she applied for PR I was marked as "non-accompanying" husband as we thought that she will move first and I will follow in the coming 4-5 months.

After the CoPR came we were overwhelmed with the idea of living separately and decided to enter together.
I then applied for my tourist Visa and mentioned in my file that I intend to enter Canada with my wife who has CoPR status. From inside Canada, she will apply for my sponsored PR and work permit.

We got in touch with some agency which helps people immigrate. They said if you have mentioned everything thruthfully, your visa is sure gonna be rejected.

I am in dilemma.

Please let me know if I am wrong and also suggest the right path.
 

21Goose

VIP Member
Nov 10, 2016
5,248
1,618
AOR Received.
Feb 2017
Hi Folks

My wife got her CoPR and she has to enter Canada before August 2nd.
When she applied for PR I was marked as "non-accompanying" husband as we thought that she will move first and I will follow in the coming 4-5 months.

After the CoPR came we were overwhelmed with the idea of living separately and decided to enter together.
I then applied for my tourist Visa and mentioned in my file that I intend to enter Canada with my wife who has CoPR status. From inside Canada, she will apply for my sponsored PR and work permit.

We got in touch with some agency which helps people immigrate. They said if you have mentioned everything thruthfully, your visa is sure gonna be rejected.

I am in dilemma.

Please let me know if I am wrong and also suggest the right path.
Always be truthful in any dealings with IRCC. If you lie to them in any way, it can come back to haunt you years later, even after you become a citizen. Citizenship can be revoked for misrepresentation and you can be deported.

So that's the first thing. Never listen to anyone who recommends lying on any official submission.

Secondly, there is absolutely no bar to getting a TRV even if you stated your intention to become a permanent resident. This is specifically stated in the Act that governs immigration to Canada.

The exact statement is from Article 22(2) of the IRPA, and it states

"An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident is the officer is satisfied that they will leave Canada by the end of the period authorized for their stay"

So, as long as IRCC believes that you will not overstay unlawfully, you can be granted a TRV. To prove this, you can show substantial ties to your home country. For example, you can show your job, any property that you own, any family ties besides your wife, etc.

If you are granted a TRV, your wife can do the inside Canada spousal sponsorship and you can ask for extensions once you're in Canada.

If you get denied, it's not a big deal - it will not affect your future sponsorship. Yes, you may need to spend a few months apart, but you had already planned for that right?

Moving to a new country is stressful enough without worrying about lying to the government.
 

scylla

VIP Member
Jun 8, 2010
97,668
23,375
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 Folks

My wife got her CoPR and she has to enter Canada before August 2nd.
When she applied for PR I was marked as "non-accompanying" husband as we thought that she will move first and I will follow in the coming 4-5 months.

After the CoPR came we were overwhelmed with the idea of living separately and decided to enter together.
I then applied for my tourist Visa and mentioned in my file that I intend to enter Canada with my wife who has CoPR status. From inside Canada, she will apply for my sponsored PR and work permit.

We got in touch with some agency which helps people immigrate. They said if you have mentioned everything thruthfully, your visa is sure gonna be rejected.

I am in dilemma.

Please let me know if I am wrong and also suggest the right path.
I'm not sure why she marked you as non-accompanying if you intended to follow 4-5 months later. Spousal sponsorship takes approximately a year.

Yes - if you are able to get a TRV approved then you can come to Canada and she can apply to sponsor you inland. The chances of that TRV being refused are relatively high.

I personally wouldn't provide too many details in the TRV application. I would simply say that you want to come to Canada to visit your wife - I wouldn't mention anything about the inland application. You will also want to provide evidence in the TRV application that you have strong ties to your home country (e.g. employment, property, assets).
 
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canuck78

VIP Member
Jun 18, 2017
59,044
14,644
And my application was rejected! :(
Guess being truthful proved fatal for me.
You would have likely been refused even if you had said you were visiting your wife. Your records show that you were listed as non-accompanying and your wife will be landing to get her PR. They would have anticipated that you wanted to do an inland sponsorship. You aren't really a visitor that is why you were refused,
 

AKCAN

Newbie
Mar 9, 2019
6
0
Which means I can not go to Canada as a visitor also even if I wish to? Is that what the rules say or the authorities want?
 

k.h.p.

VIP Member
Mar 1, 2019
8,801
2,250
Canada
It means they will deny your TRV if they suspect you will overstay, and because your wife is there you are likely to overstay (as you have stated, as you wish a PR).

Your mistake was listing yourself as non-accompanying to speed up her PR thinking you'd just be able to get in. Your second mistake was thinking that anything other than the truth would be acceptable to tell CIC. If your consultant had suggested anything other than the truth, your third mistake would have been listening to them.

You're just lucky you didn't tell CIC you were not married during your wife's application, as when you applied for sponsorship, you'd find how quickly and severely misrepresentation is dealt with, including being banned from ever being sponsored.

Start your outland PR sponsorship, and don't listen to anyone who tells you anything less than the truth is acceptable to tell CIC. You knew it would be a year for a spousal sponsorship and you thought you could get away with the TRV option.

Good luck with your outland spousal application
 
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sharelp

Star Member
Mar 17, 2018
50
2
Which means I can not go to Canada as a visitor also even if I wish to? Is that what the rules say or the authorities want?
Hi
Did you apply for your TRV again? or you are using outland spousal sponsorship?