Is there any way to meet my wife and kids in Canada without applying for immigration

[Capricornbird]

There is no easy path.

You can try applying for a study permit however will need to convince IRCC that you are a genuine student and are not coming to Canada on a study permit primarily for the purposes of immigrating. You will also need to explain why you need to come all the way to Canada to complete this further education (vs. completing in your home country) and how this further education will progress your career. Since you have a bachelor and completed this degree a long time ago, you would want to take a master's degree in Canada to have a strong profile for a study permit. Be aware that getting to Canada on a study permit does not guarantee PR and you will need to show significant savings to be approved.

There are investor programs in some provinces. There are minimum net worth requirements (e.g. for BC, you must show you have a net worth of at least $600K) and also minimum amounts you must be willing to invest in your business in Canada (for BC, that minimum you must be able to invest is $200K). You must also show a strong business plan for the business you plan to start in Canada and past experience in starting / managing your own business. I don't know which province you want to live in.

I highly appreciate your detailed reply. Investor visa seems to be something that is doable. Preference is ontario but i can opt for any province that has comparatively less requirements. Is there a thread on investor programs ? Thank you
One more thing to larify, if i apply spousal sponsorship on humanitarian grounds , meanwhile can i apply for study visa? Investor visa?

 

[armoured]

I highly appreciate your detailed reply. Investor visa seems to be something that is doable. Preference is ontario but i can opt for any province that has comparatively less requirements. Is there a thread on investor programs ? Thank you
One more thing to larify, if i apply spousal sponsorship on humanitarian grounds , meanwhile can i apply for study visa? Investor visa?

My understanding is that investor programs are complicated and usually will require the services of an experienced immigration lawyer.

So: your situation is peculiar enough, and you're quite likely going to need the services of a Canadian immigration lawyer anyway. Get a consultation where you lay out all the details and specifics and what your goals are, i.e. including whether you actually plan to live in Canada permanently in the long term.

Your attempt to immigrate may not be realistic if you're not planning to stay. It is possible that your only realistic option is to work to get a visitor visa and only stay a few months a year, for a number of reasons. (And getting the visitor visa may not be that easy either - and things like applying for PR under H&C might make visitor visas in future very unlikely).

You do not say what line of business you are in, what kind of experience, etc. But I would warn that some paths would require you to be in Canada and not travel (eg H&C application), and you need to consider whether that is compatible with your business. (I don't think there is a 'spousal sponsorship on humanitarian grounds' program at all, for the record)

It's also unclear how much you and your spouse have seen each other in all these years, esp if you have not had a Canadian visa. It's possible your application would face some additional scrutiny about the genuineness of the relationship.

You don't have to answer all this in detail here (I for one don't want to know), but these are all potentially factors that you will need to be up front and prepared to discuss with an immigration lawyer.

Now when I say a Canadian immigation lawyer, I mean it: one in Canada.

 

[Capricornbird]

Thanks for addressing all the scenarios. We have been married for nine years and out of those my spouse has lived incanada for around three years.
I have already applied for spousal sponsorship but just now got to know that as i was not declared at the time of her landing and before , she cannot sponsor me.
In this situation applying for a visit visa coupd be tricky. I have been denied visit visa twice a few years back due to my ties in canada.

 

[scylla]

I highly appreciate your detailed reply. Investor visa seems to be something that is doable. Preference is ontario but i can opt for any province that has comparatively less requirements. Is there a thread on investor programs ? Thank you
One more thing to larify, if i apply spousal sponsorship on humanitarian grounds , meanwhile can i apply for study visa? Investor visa?

Ontario no longer has an investor stream program.

I'm not aware of a thread on investor programs. You will need to research this information yourself or hire a lawyer to do this work for you.

If you apply for spousal sponsorship with H&C considerations and also apply for a study permit, the study permit is unlikely to be approved since IRCC will likely assume you aren't a genuine student and your primary reason for wanting to come to Canada to study is to remain her long term.

Yes, you can apply for PR under an investor program at the same time as spousal sponsorship.

 

[Capricornbird]

Thank you for the information it is of great help and i really appreciate ur prompt response.

 

[canuck78]

Thanks for addressing all the scenarios. We have been married for nine years and out of those my spouse has lived incanada for around three years.
I have already applied for spousal sponsorship but just now got to know that as i was not declared at the time of her landing and before , she cannot sponsor me.
In this situation applying for a visit visa coupd be tricky. I have been denied visit visa twice a few years back due to my ties in canada.

The fact that your spouse has spent the majority of your marriage abroad living with you doesn’t help your case. You have shown that you can live in your home country. If only spent 3 years out of 9 in Canada she also may not have been compliant with her RO. I also hope she has been declaring her marriage status in Canada and declaring when she is a non-resident to CRA. Given that both children were born in Canada yet only spent 3 years in Canada both your children and your wife may also not have met the residency requirement to qualify for healthcare in ON either. If so you could be asked to repay any healthcare they received. If they don’t meet the residency obligation they need to reapply every time they return if they plan on meeting the RO.

 

[armoured]

We have been married for nine years and out of those my spouse has lived incanada for around three years.

Is she in compliance with her residency obligation?

 

[Capricornbird]

It is in process. She applied for PR renewal card in 2021 which was approved and PR card was ready to be collected however at that time she wasnt in canada so got PRTD to travel to canada but before that PR card was destroyed. She went in the start of this year and has requested for issuance of the already approved card that was destroyed but hasnt got yet

 

[scylla]

It is in process. She applied for PR renewal card in 2021 which was approved and PR card was ready to be collected however at that time she wasnt in canada so got PRTD to travel to canada but before that PR card was destroyed. She went in the start of this year and has requested for issuance of the already approved card that was destroyed but hasnt got yet

IRCC won't reissue a card that was destroyed. She would need to apply for PR card renewal again and will want to make sure she meets the residency requirement at the time she submits the new PR card renewal application.

 

[Capricornbird]

So this makes my spousal sponsorship almost impossible. Is there a way that my kids are canadian nationals and want to meet me and i want to meet them. So i can get trv for meeting my kids? Legally is it possible?

 

[scylla]

So this makes my spousal sponsorship almost impossible. Is there a way that my kids are canadian nationals and want to meet me and i want to meet them. So i can get trv for meeting my kids? Legally is it possible?

There is no special TRV for meeting your kids. You would apply for a regular TRV. You will need to show strong ties to your home country to try to show you have no plans on remaining in Canada long term. I believe you said you have two previous TRV refusals so getting one approved will likely be challenging.

 

[steaky]

So this makes my spousal sponsorship almost impossible. Is there a way that my kids are canadian nationals and want to meet me and i want to meet them. So i can get trv for meeting my kids? Legally is it possible?

You can also consider to have your wife or someone to bring the kids to do some traveling and meet you somewhere outside Canada.

Or get a US visa and meet them at Peace Arch State Park without you crossing border into Canada.

 

[YVR123]

You need to discuss with your wife on where the family plan to live. If you don't get visitor visa (Canada or US), then you will be separated with your family for a long time.