On visit visa;PR applied- a hypothetical question

[Indrayani]

Hello.

I have 2 simple questions..

If one is granted a visit visa to canada to see their spouse, and then while they are in canada with their spouse, they do their PR application ...then, in such a situation....does the law/govt require this visiting spouse to NOT leave canada?

what if they have to travel back? in case of emergency?
Does writing a letter later to explain the govt help......if there is really a law against such free travel?

question 2:
I know visit visas are not granted usually to spouses of canadian PRs....but have read in this forum many times that in 2% cases they are granted...
what do these cases do right...to get the approval....

- A sad wife.....

Thank u for responding :-[

 

[AnaMaria]

1. If you apply inland, you should stay in Canada. If you leave Canada and your return to Canada is denied, then your PR application will be canceled. The guidelines clearly says that. You are free to leave. It is your right. CIC retains the right to deny your re-entry and cancel your PR application.

2. If you send solid proof of very strong ties to your home country (or country of residence), your visitor visa might be granted, money, business, property, family, important position of employment, etc. The proof must be stronger to the tie to your spouse.

 

[Indrayani]

Hmm.. ok thank you so much ! Sincerely.....

 

[Indrayani]

1. If you apply inland, you should stay in Canada. If you leave Canada and your return to Canada is denied, then your PR application will be canceled. The guidelines clearly says that. You are free to leave. It is your right. CIC retains the right to deny your re-entry and cancel your PR application.

2. If you send solid proof of very strong ties to your home country (or country of residence), your visitor visa might be granted, money, business, property, family, important position of employment, etc. The proof must be stronger to the tie to your spouse.

Hi One question...

So does this mean that I ( a PR card holder) may or may not get my husband's visit visa ...depending on how gud our application is ....and then when he gets here....and we do his PR app when he is on a visit visa...then he would risk the denial of coming back and the cancellation of his PR application....IF he leaves canada while the PR is in progress?

I am sorry for the repost and bumping this up .........ummm.....but I got a bit confused bout the first half of our conversation...

Thank you.....

_ confused soul!!

 

[Indrayani]

Bumping it up while I m online here... I need some clarity ...
thanks!

 

[amikety]

Okay, lets say your husband gets the Visitor's Visa. He comes to Canada and you apply for Inland Spousal Sponsorship. You also apply for an open work permit, which gives him the right to stay while his application is being processed. OWP comes after Stage 1 approval, generally 6-7 months (as long as you include the application and pay the fee.) Without the OWP there is NO Implied Status - no right for your husband to stay past his visitor's visa.

If he leaves Canada during an Inland application and is denied re-entry for any reason, his application is considered abandoned. He will have to start all over again with new paperwork and fees.

It's really not recommended to exit Canada while an Inland Sponsorship is in progress. I know of some people who have done it and I know of 1 person who successfully re-entered, but she was visa exempt. (I never heard back from the others to find out what happened.) It's a huge risk to take. Would you gamble with $1000? Plus the months away from your spouse?

Now, if he applies "Outland" he can still be inside Canada on a visitor's visa - but of course, he will have to leave when the visa expires. Plus if he requires an interview, he will need to leave Canada and travel to his home country for the interview. He can also leave Canada and apply for a new visitor visa or re-enter if he has a multiple entry visa without worry about his PR application.

Which country is your husband from? Inland takes 14 months. Depending on where he lives, Outland can be much faster (Syndey, New Delhi are much faster), about the same (Ottawa - USA VO's), or longer (Pretoria, Islamabad).

My advice - worry about the visitor's visa first. Make sure it looks like he is VISITING not trying to get to Canada for the PR application.

Btw, don't worry about asking "stupid" questions. I don't believe in stupid questions... and trust me, when I first started, I was a total idiot!

 

[Indrayani]

Now, if he applies "Outland" he can still be inside Canada on a visitor's visa - but of course, he will have to leave when the visa expires.
Plus if he requires an interview, he will need to leave Canada and travel to his home country for the interview. He can also leave Canada and apply for a new visitor visa or re-enter if he has a multiple entry visa without worry about his PR application.

Which country is your husband from? Inland takes 14 months. Depending on where he lives, Outland can be much faster (Syndey, New Delhi are much faster), about the same (Ottawa - USA VO's), or longer (Pretoria, Islamabad).

My advice - worry about the visitor's visa first. Make sure it looks like he is VISITING not trying to get to Canada for the PR application.

HELLO THERE!

THANK YOU FOR TAKING THE TIME TO REPLY... A COUPLE MORE QUESTIONS and A FEW POINTS BOUT ME....(SINCE I WAS JUST TOLD THAT ASKING IS NOT DUMB!)

1) WE ARE FROM INDIA , SO ITS THE NEW DELHI OFFICE...

2) WHEN I DO THE PR APPLICATION, IS THERE SOMETHING WITHIN THE APPLICATION AT SOME POINT THAT MAKES U TAKE A PICK FOR THE TYPE OF APPLICATION BEING INLAND OR OUTLAND? OR ITS THAT AN AUTOMATIC THING DETERMINED BY THE WHERE MY HUSBAND IS ?OR WOULD IT DEPEND ON THE VISA OFFICE I MAIL IT TO ?

3).....MORE IMPORTANTLY, MY HUSBAND'S VISITOR'S VISA APPLICATION HAS BEEN REFUSED ONCE ON THE GROUNDS THAT THEY DID NOT BELIEVE HE WILL RETURN TO INDIA. I AM ASSURING THAT THE OVERALL APPLICATION WAS A BAD BAD ONE. NOT A VERY THOUGHT OUT ONE BECAUSE OF SEVERAL REASONS- BAD AGENT IN INDIA WHO DID A VERY GENERIC APPLICATION WITHOUT PAYING MUCH ATTENTION TO OUR SITUATION ...AND ALL THE IDEAS PERTAINING TO THE APPLICATION THAT COULD HAVE BEEN DONE BETTER, WERE DONE HAPHAZARDLY AND SO....WE ARE THINKING OF DOING IT AGAIN, PERSONALIZING IT AND MAKING IT BETTER WITH THE FOCUS ON PROOFS HE WILL GO BACK WHICH TRULY AND HONESTLY,HE WILL BECAUSE OF HIS LIFE SITUATIONS NOW...
AND WE WANNA DO THE VISIT VISA BECAUSE ALREADY DUE TO OUR LIFE SITUATIONS, WE HAVE BEEN UNABLE TO STAY MUCH TOGETHER SINCE WE GOT MARRIED IN NOV2011....AND ITS STRESSFUL..EVERY PERSON WHO HAS STAYED APART FROM THEIR LOVED ONES WHILE APPLICATIONS PROCESS IS WELL AWARE OF THIS FEELING SO I WONT EXPLAIN TOO MUCH .....BOTTOM LINE - ITS QUITE DEPRESSING...

SHOULD WE DO ANOTHER VISIT VISA APPLICATION? I HAVE HEARD CONSISTENTLY THAT VISITOR VISA REFUSALS DO NOT BEAR SO MUCH ON THE PR APPLICATION....AND SO I M ASKING FOR YOUR OPINION...
WHAT DO U THINK?

- INDRAYANI

 

[amikety]

In reality, what happened with his visitor visa is expected. CIC has a hard time believing a spouse will leave Canada and go home. You can try again (although I wouldn't try again after the second time until you have sponsor approval for the PR).

Personalization isn't as important as proof. Proof is what speaks the most.

Inland/Outland partially depends on where you are. You can apply both ways while he is inside Canada and only Outland if he's in India.