Getting married, spouse already has visit visa valid till 2023

[blackbird22]

Hi everyone,
I am getting married in March ‘21 and spouse already has a visitor visa valid till 2023.
Given the latest rules, it appears visitors are not allowed entry. However, family members maybe allowed.
My question is, can I travel back to Canada with my spouse given she has a visitor visa provided we have proof of all marriage documents? We will be travelling from Dubai.
Majority of the questions are around applying for temporary visa for spouse to visit. But here she already has one.

thanks!

 

[charliem]

Family members of Canadian citizens are allowed entry, but you must demonstrate that your spouse's purpose for entering Canada is non-optional. So it may depend on the border agent you get at the airport.
It can be tricky returning home with a spouse who has not yet been sponsored to become PR. In my case, years ago, my wife and I had to book different flights (to avoid the issue of examining motivation of the person with visitor visa).
There are no easy answers, but it is certainly worth taking the gamble (to avoid a year of separation from each other).

 

[armoured]

Hi everyone,
I am getting married in March ‘21 and spouse already has a visitor visa valid till 2023.
Given the latest rules, it appears visitors are not allowed entry. However, family members maybe allowed.
My question is, can I travel back to Canada with my spouse given she has a visitor visa provided we have proof of all marriage documents? We will be travelling from Dubai.
Majority of the questions are around applying for temporary visa for spouse to visit. But here she already has one.

thanks!

Yes, with a marriage certificate in hand, spouse would qualify under immediate family exemption to rules.

Note: lots of other covid issues/requirements, not addressing those here.

 

[blackbird22]

Thank you @charliem and @armoured for your prompt responses! I was just confused especially since all the latest restrictions on travelling. I tried called CIC but I can never get to them. Cheers !

 

[armoured]

Family members of Canadian citizens are allowed entry, but you must demonstrate that your spouse's purpose for entering Canada is non-optional. So it may depend on the border agent you get at the airport.

I think this is not exact - the term of art in the government regs is that visits to immediate family (eg spouse) are deemed essential (for the purposes of the regs). So there should be no need to demonstrate that the visit to spouse is non-optional.

The points you make about convincing the border agent that the visitor will return "when required" remain true, I believe, so visiting spouse should not indicate that the intent is to remain permanently. (It's okay if the visitor does later apply for PR and remains - subject to 'being prepared to leave if required,' ie. should visit extensions and/or PR application be refused). Or in more simple terms will respect the terms of their visitor visa.

 

[blackbird22]

@armoured
Hmm interesting. So if it comes down to getting a on-way or return ticket, which one do you reckon would be better? Obviously the eventual purpose of my spouse would be to stay here for which I need to start a formal sponsorship application. But do you think we should tell the border agent that we understand that the terms of the visit visa state no long than 6 months per entry and we are willing to comply with that? And also add onto it that we will registering ourselves as married in Canada and starting a formal sponsorship application?

Sounds pretty reasonable to me. My only concerns have been around her getting denied entry for having a visit visa during these covid times.

 

[scylla]

@armoured
Hmm interesting. So if it comes down to getting a on-way or return ticket, which one do you reckon would be better? Obviously the eventual purpose of my spouse would be to stay here for which I need to start a formal sponsorship application. But do you think we should tell the border agent that we understand that the terms of the visit visa state no long than 6 months per entry and we are willing to comply with that? And also add onto it that we will registering ourselves as married in Canada and starting a formal sponsorship application?

Sounds pretty reasonable to me. My only concerns have been around her getting denied entry for having a visit visa during these covid times.

Get a return ticket. Airlines will sometimes refuse boarding for TRV holders who only have a one-way.

 

[armoured]

@armoured
Hmm interesting. So if it comes down to getting a on-way or return ticket, which one do you reckon would be better? Obviously the eventual purpose of my spouse would be to stay here for which I need to start a formal sponsorship application. But do you think we should tell the border agent that we understand that the terms of the visit visa state no long than 6 months per entry and we are willing to comply with that? And also add onto it that we will registering ourselves as married in Canada and starting a formal sponsorship application?

Sounds pretty reasonable to me. My only concerns have been around her getting denied entry for having a visit visa during these covid times.

I have no knowledge of the return ticket issue - seems increasingly irrelevant to me (compared to years ago when one-way tickets commonly cost more than roundtrip - like asking someone to prove they have funds in cash or travellers' cheques, a bit archaic), but again, no knowledge.

The border issues/questions is a tricky one. I understand the basic concept is 'will return as required.' Not moving permanently (as no right to reside in Canada permanently). I would not volunteer more information about planning to sponsor. If asked, you are aware and may consider doing so in future.

Note, there is no such procedure as registering a foreign marriage in Canada. You would just apply as married using the foreign marriage docs. (You should look into what form of copy/certification is needed in case difficult to do in Canada - varies by country)

 

[blackbird22]

Okay thanks!!

 

[rrhn9319]

@blackbird22:

What was the outcome? Did your spouse travel with you?

I am facing a similar situation, would like to plan ahead.

1. Fiancé is in India with her visitor visa expiring in June 2023
2. I am Canadian Citizen and planning to get married in May 2023
3. Is it a good idea that she flies alongside me in May on visit visa mentioning she will return in 5 months? would be wise?