Spousal Sponsorship while spouse in Canada

[prak11]

Hello All,

I would really appreciate anyone who can answer this query.

I'm a Canadian PR and Indian Citizen. I currently LIVE in CANADA. My wife is an Indian Citizen and living in India. I want to sponsor PR for my wife. I see that the entire process is going to take more than 6 months before my wife gets PR and joins me here.I want to make this fast. Now my question is
(a) Can I apply for Visitor Visa(TR visa) for my wife, so that she can come to canada immediately. Now while she is in canada, can i apply for her PR for outland processing? Does my wife have to be in India for PR processing?
(b) Is there anyother way she can come to canada soon and I can apply for her PR.

Thanks

 

[chandu007]

Can I apply for Visitor Visa(TR visa) for my wife - You can try but the chances of getting a TR visa will be low
can i apply for her PR for outland processing? - Yes, you can. You have to apply through CIC, Mississauga and then New Delhi
Does my wife have to be in India for PR processing? - Not necessarily, but she has to attend the in-person interview if needed
Is there anyother way she can come to canada soon and I can apply for her PR - NOT that I know, but you can try consulting an experienced immigration lawyer

Hello All,

I would really appreciate anyone who can answer this query.

I'm a Canadian PR and Indian Citizen. I currently LIVE in CANADA. My wife is an Indian Citizen and living in India. I want to sponsor PR for my wife. I see that the entire process is going to take more than 6 months before my wife gets PR and joins me here.I want to make this fast. Now my question is
(a) Can I apply for Visitor Visa(TR visa) for my wife, so that she can come to canada immediately. Now while she is in canada, can i apply for her PR for outland processing? Does my wife have to be in India for PR processing?
(b) Is there anyother way she can come to canada soon and I can apply for her PR.

Thanks

 

[prak11]

Thank you very much for the reply.I have few more questions

(a) How long is visitor visa given? Assuming that my wife gets visitor visa, is it possible to renew her visitor visa if it expires while living in Canada with me ?
(b) How long does it take to get the Visitor Visa?
(c) If I apply for inland processing of PR Visa, can I keep extending the Visitor Visa if it keeps expiring
(D) If I apply for Outland processing of PR visa, can I keep extending the Visitor Visa if it keeps expiring

Thanks

 

[kelKel]

The chances of her getting a visitor visa when she has a husband living in Canada are very slim. Even if she can show ties to home (job, money, property) they still may not be convinced she would leave if her PR was refused. You can still try though because you never know. You can always extend the visior visa from within Canada.

If she does get one to come here and you apply outland/NewDelhi she would have to return home if an interview was required or if it was approved she would still have to return home as its illegal to mail passports in or out of India.

Visitor visa time lengths vary and yes you can always apply to extend it from within Canada regardless if you've applied inland or outland. I wouldn't suggest inland procesing as you have no right of appeal if refused, you can't work for the first 9 months and it takes quite a long time as compared to New Delhi.

 

[Rossei]

I've been dealing with it as well. The difference is I am not a PR in Canada yet; rather on post-grad work permit (open). I recently applied for my PR (along with my spouse) under Ontario PNP stream. As you may know that the processing time for PNP has gone longer (from 6~8 months to 11 months). Hence, my wife, who lives in Bangladesh, wants to come on a Visitor Visa. She applied for it last summer with a valid purpose to attend my convocation and was rejected. My study permit was soon expiring that time.

I am actually going to BD in this March and will assist my wife to apply for a Visitor Visa again. I know that it's hard. And I don't get it at all that how one can show strong ties while her husband lives abroad. She has just finished her medical internship and joined a private hospital as a Medical Officer. She will be able to show some bank balances and a few property as well.

Is there anyother way she can come to canada soon and I can apply for her PR - NOT that I know, but you can try consulting an experienced immigration lawyer

If that's a good choice, I want to seek some assistance. Can you reommend anyone in Canada (I guess in Toronto) or in Bangladesh?

 

[prak11]

Does anyone have an idea as to whether a lawyer can help with getting a TR visa? Please respond.

 

[canadianwoman]

A lawyer can help you fill out the forms, but the forms for a TRV are not particularly difficult and so I don't think a lawyer is needed. He/She could also advise you what kind of proof to submit with the application, but you can get the same advice here.

 

[prak11]

Canadianwoman thanks for responding. Do you think TR visa will be approved if husband is on PR? what proof do i need to show the embassy in order to get the application approved?

 

[Baloo]

It seems that when the Husband is in Canada getting a TRV for his wife is very difficult.
The IO would have cause to suspect the wife would not leave at the end of the TRV.

 

[nylalisa]

It is definetely difficult to get a TRV when you are trying to sponsor a spouse, particularly in India. It's not impossible so you could try but it's difficult. The other posters have told you why, it's hard for immigration to believe that your spouse would leave Canada should her PR be refused. I applied for my spouses TRV, all his family, his work, assets etc etc are in India and it was denied.

 

[prak11]

NYLailysa thank for the reply. I would like to argue on the case for TRV as a very law obiding person. I can show my proof that I had been in the US for very long on H1B visa and left the country when my visa time is over. Do you think it would work?

I also see that you have applied for family class PR in new delhi. do you know how long it takes to get the PR under family class?

 

[Baloo]

I would like to argue on the case for TRV as a very law obiding person. I can show my proof that I had been in the US for very long on H1B visa and left the country when my visa time is over. Do you think it would work?

You could state your case, there is no harm in trying.
The question you have to ask is, would your statement make any material change to an officer looking at the TRV application?

 

[nylalisa]

NYLailysa thank for the reply. I would like to argue on the case for TRV as a very law obiding person. I can show my proof that I had been in the US for very long on H1B visa and left the country when my visa time is over. Do you think it would work?

I also see that you have applied for family class PR in new delhi. do you know how long it takes to get the PR under family class?

As far as trying, I agree try, the worst thing to happen is they say no. Remember if it granted as other posters again have told you, if it's granted your spouse my return to India if she is requested for an interview.

As far as time the Embassy is taking, the current time is 6 months (if they think your application is in order, they don't require anything else and it's straight forward. In fact I called and they told me realisticly, ideally it should be done in 4 months.) Remember this is not a guarantee it can be shorter or longer but you have some idea what they are aiming for.

 

[canadianwoman]

I would like to argue on the case for TRV as a very law obiding person. I can show my proof that I had been in the US for very long on H1B visa and left the country when my visa time is over. Do you think it would work?

It would be extra evidence that you would leave Canada once the TRV time frame is up, so include it. To get a TRV you need to show that you will leave Canada once the visa has expired, so ties to Canada such as a spouse there or other family are definitely reasons to refuse a TRV. The applicant needs to show things that will make him or her return to India, such as a job, with a letter from the boss giving you 2 weeks off (or whatever) and stating that you are expected back; an apartment lease or house deed or mortgage; children left behind; enrollment in school - classes that you have paid for that start after your expected return are very good evidence; money in the bank; a return plane ticket.
However, even with all this people have been refused a TRV. It won't hurt the PR application to try once, though, so if you really want to, go for it.