Sponsoring spouse while both of us are outside Canada

[aj355]

I received my Canadian PR (fsw) last year. Thanks for the help from the members in this forum. I got married last month. I and my wife (Indian passport-holders) are currently living in USA (H1 and H4 visa).

I want to sponsor my wife for Canadian PR. I need to be inside Canada to sponsor my spouse PR. However, I don't want to move to Canada (from US) without my wife and she needs a visa to enter Canada. Before our marriage, my wife applied for a tourist visa (from India) on her own and it was rejected (on the basis that she may not respect conditions of tourist visa).

Can anyone please suggest what are my options to sponsor my wife for PR and move to Canada?

I see two options:
1) Tourist Visa: apply for TRV for my spouse, stating that both of us wants to visit Canada for a short trip from US. Hopefully they will give multi-entry visa valid for couple of years.
Pros: Less costly, simple to apply.
Cons: Might get rejected or might get visitor visa valid for couple of months. If spousal PR application takes long, hard to maintain valid visitor visa status (re-enter canada every 6 months).

2) Student visa: apply for her admission for master's in Canadian universities, get the study permit, move to Canada and apply for Spouse PR.
Pros: Visa approval might be easy, easier to maintain valid visa status while inside Canada during spouse PR sponsorship application.
Cons: expensive (~$20k tuition fees for univ. I checked), spouse have to study (which she doesn't prefer).

Can you guys give your suggestions about which route should I take and any other pros-cons?

 

[michicanuck]

I received my Canadian PR (fsw) last year. Thanks for the help from the members in this forum. I got married last month. I and my wife (Indian passport-holders) are currently living in USA (H1 and H4 visa).

I want to sponsor my wife for Canadian PR. I need to be inside Canada to sponsor my spouse PR. However, I don't want to move to Canada (from US) without my wife and she needs a visa to enter Canada. Before our marriage, my wife applied for a tourist visa (from India) on her own and it was rejected (on the basis that she may not respect conditions of tourist visa).

Can anyone please suggest what are my options to sponsor my wife for PR and move to Canada?

I see two options:
1) Tourist Visa: apply for TRV for my spouse, stating that both of us wants to visit Canada for a short trip from US. Hopefully they will give multi-entry visa valid for couple of years.
Pros: Less costly, simple to apply.
Cons: Might get rejected or might get visitor visa valid for couple of months. If spousal PR application takes long, hard to maintain valid visitor visa status (re-enter canada every 6 months).

2) Student visa: apply for her admission for master's in Canadian universities, get the study permit, move to Canada and apply for Spouse PR.
Pros: Visa approval might be easy, easier to maintain valid visa status while inside Canada during spouse PR sponsorship application.
Cons: expensive (~$20k tuition fees for univ. I checked), spouse have to study (which she doesn't prefer).

Can you guys give your suggestions about which route should I take and any other pros-cons?

I'm a novice at all of this, but the second option seems to be much easier to manage. If her application is in process for longer than six months, she'll have to leave if she's only on a tourist visa; and you can't just come back in after waiting a day. If Indian applications are processed very quickly maybe it would make sense. Otherwise, just not worth it. I'm an American, and our processing times are very fast, yet my wife and I aren't willing to take that risk. She'll have to prove ties to her country of residence any time she crosses the border if you just happen to be living there while she has an app under review. They could deny her entry if she can't show a lease or that she has a current job in the U.S.

 

[aj355]

Thanks michicanuck.

I am planning for inland application, processing time is currently 2 years, but with recent announcement about faster processing, inland application should take about 1 year. (www.cicnews.com/2016/12/processing-times-family-class-immigration-programs-halved-128732.html)

You mentioned that you aren't willing to take that risk. Which route are you taking for ur PR sponsorship? I guess you are not going for student visa.

 

[michicanuck]

Thanks michicanuck.

I am planning for inland application, processing time is currently 2 years, but with recent announcement about faster processing, inland application should take about 1 year.

You mentioned that you aren't willing to take that risk. Which route are you taking for ur PR sponsorship? I guess you are not going for student visa.

We're applying outland. While I may be applying to a Canadian university for a PhD program in the near future, we decided to wait until I'm confirmed as a PR to try it. In your case, it seems like a reasonable way to go. I should have clarified my situation earlier: my wife lives with me in the US currently and she's a Canadian citizen, so we don't have the same fundamental problem that you currently have. I don't know the rules re: inland all that well. If your wife ends up in a grad program though, seems like a fine way to go, especially given the new processing times. The tourist visa route is risky, though. I'd be careful about that one. As long as she has housing in the U.S. until her app is processed and doesn't overstay her visa, it's probably fine. The nightmare scenario is that the you give up your housing in the U.S., she comes with you to Canada and her tourist visa expires before her PR is confirmed.

 

[canuck_in_uk]

If spousal PR application takes long, hard to maintain valid visitor visa status (re-enter canada every 6 months).

It's very simple to maintain status while the PR app processes. There is no need to leave and re-enter Canada. She can simply apply for a visitor extension online. There is little chance of refusal.

 

[aj355]

Thanks canuck_in_uk

It's very simple to maintain status while the PR app processes. There is no need to leave and re-enter Canada. She can simply apply for a visitor extension online. There is little chance of refusal.

ok. I understand.

What do you recommend in this situation - student visa or tourist visa (given past tourist visa rejection)?

Tourist visa is much more convenient for me (given less cost and simplicity). But I am worried that if her tourist visa application gets rejected again, then after that getting student visa approved might be difficult. What do you think?


PS: I haven't started PR application yet, I will do it after she enters Canada.

 

[canuck_in_uk]

What do you recommend in this situation - student visa or tourist visa (given past tourist visa rejection)?

Tourist visa is much more convenient for me (given less cost and simplicity). But I am worried that if her tourist visa application gets rejected again, then after that getting student visa approved might be difficult. What do you think?

Up to you. The chances of being approved for either are pretty much the same.

 

[aj355]

Thanks @canuck_in_uk

If she enters on visitor visa and we immediately file for spousal PR application, does is give an implied status?

Also, if she gets an open work permit (based on Pilot Program for Sponsored Spouses https://goo.gl/NwWdlD), would it give her status till expiry of that work permit (probably an year) or till the complete PR application is processed?

This post (http://www.canadavisa.com/canada-immigration-discussion-board/implied-status-for-spouse-sponsorship-t392857.0.html;msg4894565#msg4894565) suggests that OWP gives an implied status till the inland PR process is completed. Just want to make sure that I understand it correctly.

 

[canuck_in_uk]

If she enters on visitor visa and we immediately file for spousal PR application, does is give an implied status?

Also, if she gets an open work permit (based on Pilot Program for Sponsored Spouses https://goo.gl/NwWdlD), would it give her status till expiry of that work permit (probably an year) or till the complete PR application is processed?

Applying for PR does not grant any form of status.

If she applies inland and includes the OWP app, that will maintain her status.

If she applies outland, she will need to maintain her visitor status by extending it.

 

[aj355]

Thanks a lot @canuck_in_uk. It helps a lot.

Since my wife's earlier tourist visa was rejected (about 2 months before our marriage, filed from India), should I go through a lawyer to apply for her next TRV?

I think proving a genuine reason to visit might be little difficult. (Both of us are in USA currently).

 

[canuck_in_uk]

Thanks a lot @canuck_in_uk. It helps a lot.

Since my wife's earlier tourist visa was rejected (about 2 months before our marriage, filed from India), should I go through a lawyer to apply for her next TRV?

I think proving a genuine reason to visit might be little difficult. (Both of us are in USA currently).

There is no need to use a lawyer.

Having a genuine reason to visit is up to you. I'll be honest, her chances of approval aren't great. She has a previous refusal, a spouse that is a PR and holds only temporary status in her current country of residence. All of these things are negatives for a TRV.

 

[aj355]

@canuck_in_uk. I got the GCMS notes for the previous TRV rejection. It's 26 page long, however seems like officer did not put in any specific reason/details for the rejection. There is just one relevant note in the end (same as on the rejection letter she received earlier). (I can message u the gcms notes and application details if you are willing to have a look).

The note is: "Given economic conditions, employment prospects, considering your travel history, economic establishment and family ties, I am not satisfied that you would respect the terms of your admission as a temporary resident in Canada".


I am thinking what can we do to improve the chances of next TRV.

- One area is travel history. She had zero travel history at the time of previous TRV application. Now she is in USA (H4 visa). We are going to Bahamas on a cruise next month (she just received Bahamas visa stamped on her passport). Do you think having more international trips (maybe to Mexico, Europe etc.) will help?

- Would having a job in USA strengthen the application?

- Anything else we can do?

 

[canuck_in_uk]

Yes, a more extensive travel history to countries requiring visas and a job may help.

 

[aj355]

Thanks @canuck_in_uk for help earlier and sorry for bothering you again.

Does the transit visa (for a cruise ship) has a higher approval chances than regular Tourist visa?

I am thinking that I and my wife can book a Alaska cruise (from Seattle) and apply for transit visa (most of cruise go through Victoria, Canada and need Canada transit visa).

I believe the documents required will be much less for transit visa, the suspicion that she might overstay her visa would be lesser in case of cruise, and so chances of approval will be higher as compared to regular TRV visa. Also, we took a cruise to Bahamas earlier, so we can justify another cruise trip in explanation letter.

What are your thoughts? Does the chances of approval for transit visa for cruise seems higher then regular tourist visa (e.g. : TRV for a one week holiday)?

 

[canuck_in_uk]

What are your thoughts? Does the chances of approval for transit visa for cruise seems higher then regular tourist visa (e.g. : TRV for a one week holiday)?

You can apply but honestly, chances are still low simply because of the previous refusal, a PR spouse and her status in the US.