Question on spousal sponsorship + TRV

[jimchou]

Hi,

I am a naturalized Canadian citizen living in Canada and my girlfriend is a Chinese citizen living in China and has never been to Canada. We plan to get married sometimes this year and I want my girlfriend to stay in Canada with me after marriage. Is it possible? I read that she would not be able to come and live in Canada right away if we got married in China and apply for spousal sponsorship, so I am wondering if she should apply TRV first and come Canada to get married and stay in Canada with me.

What is the best way to do this so she can live with me after we get married?

Thanks in advance,

Jim

 

[ashpash22]

Yes, if you want to be together your best option is for her to get a TRV and then get married in Canada and apply for sponsorship that way. You can apply as an Inland or Outland application while she’s in a Canada, but if you want her to be able to work you need to apply as Inland and also apply for an Open Work Permit.

Your other option is like what you said, if you go to China and get married first and apply while she’s there, you can only apply Outland but it would make it very difficult to be approved for a TRV to come stay with you. She’d likely have to stay in China until her application is processed (12 months).

 

[jimchou]

Now we just have to figure out how she should apply visa. I am pretty sure she will get refused if I invite her, and I doubt she will get her visa as a tourist because she recently quit her job and is unemployed.
If her visa application gets refused, will it affect the outcome when I apply for spousal sponsorship later on?

 

[ashpash22]

Now we just have to figure out how she should apply visa. I am pretty sure she will get refused if I invite her, and I doubt she will get her visa as a tourist because she recently quit her job and is unemployed.
If her visa application gets refused, will it affect the outcome when I apply for spousal sponsorship later on?

No it shouldn’t have any negative effect.

 

[jimchou]

Thanks!

 

[gordiewow]

Hi, this applies directly to the question I was going to pose, so I hope you won't mind if I jump in here.

I have just had my wife's outland family class PR application sent back for a missing document. I misunderstood the requirement for including the birth certificates of children who are over the age of 21 and not supported by us, apparently.

I am now thinking of applying for a TRV for her now and then applying for inland once she arrives here.

Question: Is this advisable? I'm guessing her chances of success are diminished as we are already married, but others in our circumstance have received approval and at least we find out quickly.

Also: Would she be able to apply for extensions once here to cover the time the PR application is in process? (I take it this would mean she could not leave the country while this is in process, which would be acceptable).

And finally: Would I be able to be refunded for the initial PR app or transfer that payment to the inland?

Yes, if you want to be together your best option is for her to get a TRV and then get married in Canada and apply for sponsorship that way. You can apply as an Inland or Outland application while she’s in a Canada, but if you want her to be able to work you need to apply as Inland and also apply for an Open Work Permit.

Your other option is like what you said, if you go to China and get married first and apply while she’s there, you can only apply Outland but it would make it very difficult to be approved for a TRV to come stay with you. She’d likely have to stay in China until her application is processed (12 months).