Spousal visa information

[Ash108]

Hello, I have a question regarding starting a spousal file and want to know what will be the easier way to start this. So I will explain my scenario and hopefully someone will get back to me ASAP.
- me and bf are trying to figure what’s the best way to apply for spousal visa after we will get married .
- my bf is in INDIA and I am PERMANENT RESIDENT in Canada so if someone can help me to answer this question that :-
1. Is it best to apply for the spousal visa if my bf comes to CANADA first and than I apply OR I marry in india and than go back to CANADA and start the spousal file?

 

[armoured]

So, there's no such thing as a spousal visa. There are visitor visas (temporary resident visa or TRV), and there are spousal sponsorships to become permanent resident. These are separate applications with separate requirements.

As a PR: you can only sponsor from within canada, after being married (assuming you are not already common law), and you should remain in Canada throughout the sponsorship process. (Short trips abroad okay)

Your boyfriend can apply now for a TRV. He'll have to show ties to home country, i.e. if it looks like he'll stay, he'll get refused. Money, jobs, property help in this regard. He must disclose if he's married, and of course, there is some assumption that recently-married couples will likely want to live together - i.e somewhat likelier chance of being refused after getting married. No one can tell you waht chances are in any of these scenarios.

If he gets a TRV, you can get married in Canada or wherever you like, before or after arriving. (When arriving in Canada he should not show up with all worldly belongings i.e. as if he never plans to leave, because TRV is for visits).

You can then apply to sponsor him via 'inland' process. He may apply for a work permit during this process but timing is quite uncertain.

If he does not get TRV, you apply to sponsor via outland. He can re-apply for trv at any time, again, no-one can say what chances are.

Simple version: he should apply for TRV now. When he gets accepted or refused for TRV, you will be able to figure out options and next steps.

 

[Ash108]

So, there's no such thing as a spousal visa. There are visitor visas (temporary resident visa or TRV), and there are spousal sponsorships to become permanent resident. These are separate applications with separate requirements.

As a PR: you can only sponsor from within canada, after being married (assuming you are not already common law), and you should remain in Canada throughout the sponsorship process. (Short trips abroad okay)

Your boyfriend can apply now for a TRV. He'll have to show ties to home country, i.e. if it looks like he'll stay, he'll get refused. Money, jobs, property help in this regard. He must disclose if he's married, and of course, there is some assumption that recently-married couples will likely want to live together - i.e somewhat likelier chance of being refused after getting married. No one can tell you waht chances are in any of these scenarios.

If he gets a TRV, you can get married in Canada or wherever you like, before or after arriving. (When arriving in Canada he should not show up with all worldly belongings i.e. as if he never plans to leave, because TRV is for visits).

You can then apply to sponsor him via 'inland' process. He may apply for a work permit during this process but timing is quite uncertain.

If he does not get TRV, you apply to sponsor via outland. He can re-apply for trv at any time, again, no-one can say what chances are.

Simple version: he should apply for TRV now. When he gets accepted or refused for TRV, you will be able to figure out options and next steps.

Thank you so very much for all the details and Do I need something specific as I don’t have high income at this time Like earning 40k$ annually so is this an issue and also ? According to you , he can come first to CANADA on TRV Like as a visitor and he doesn’t needs to show this that later he will apply for work permit and all ! Nobody marry on visitor visa is this correct?

 

[Ash108]

So, there's no such thing as a spousal visa. There are visitor visas (temporary resident visa or TRV), and there are spousal sponsorships to become permanent resident. These are separate applications with separate requirements.

As a PR: you can only sponsor from within canada, after being married (assuming you are not already common law), and you should remain in Canada throughout the sponsorship process. (Short trips abroad okay)

Your boyfriend can apply now for a TRV. He'll have to show ties to home country, i.e. if it looks like he'll stay, he'll get refused. Money, jobs, property help in this regard. He must disclose if he's married, and of course, there is some assumption that recently-married couples will likely want to live together - i.e somewhat likelier chance of being refused after getting married. No one can tell you waht chances are in any of these scenarios.

If he gets a TRV, you can get married in Canada or wherever you like, before or after arriving. (When arriving in Canada he should not show up with all worldly belongings i.e. as if he never plans to leave, because TRV is for visits).

You can then apply to sponsor him via 'inland' process. He may apply for a work permit during this process but timing is quite uncertain.

If he does not get TRV, you apply to sponsor via outland. He can re-apply for trv at any time, again, no-one can say what chances are.

Simple version: he should apply for TRV now. When he gets accepted or refused for TRV, you will be able to figure out options and next steps.

And what is inland and Outland process?

 

[Ash108]

So, there's no such thing as a spousal visa. There are visitor visas (temporary resident visa or TRV), and there are spousal sponsorships to become permanent resident. These are separate applications with separate requirements.

As a PR: you can only sponsor from within canada, after being married (assuming you are not already common law), and you should remain in Canada throughout the sponsorship process. (Short trips abroad okay)

Your boyfriend can apply now for a TRV. He'll have to show ties to home country, i.e. if it looks like he'll stay, he'll get refused. Money, jobs, property help in this regard. He must disclose if he's married, and of course, there is some assumption that recently-married couples will likely want to live together - i.e somewhat likelier chance of being refused after getting married. No one can tell you waht chances are in any of these scenarios.

If he gets a TRV, you can get married in Canada or wherever you like, before or after arriving. (When arriving in Canada he should not show up with all worldly belongings i.e. as if he never plans to leave, because TRV is for visits).

You can then apply to sponsor him via 'inland' process. He may apply for a work permit during this process but timing is quite uncertain.

If he does not get TRV, you apply to sponsor via outland. He can re-apply for trv at any time, again, no-one can say what chances are.

Simple version: he should apply for TRV now. When he gets accepted or refused for TRV, you will be able to figure out options and next steps.

TRV comes as in work permit , study permit and visitor visa , what will be the safest option according to you?

 

[armoured]

Thank you so very much for all the details and Do I need something specific as I don’t have high income at this time Like earning 40k$ annually so is this an issue and also ? According to you , he can come first to CANADA on TRV Like as a visitor and he doesn’t needs to show this that later he will apply for work permit and all ! Nobody marry on visitor visa is this correct?

Complete sentences please.
Start with the instructions: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/apply.html

Read through, start to fill out the forms, it will start to become clear.

You do not need to show specific level of income to sponsor spouse. Generally for a working person will be fine.

Don't really understand the rest of what you wrote.

 

[armoured]

And what is inland and Outland process?

Inland process: applicant (the one being sponsored) must be in Canada, and basically remain in Canada during the process.

Outland: only option available if applicant is outside Canada. (Techncially one can apply outland from within Canada as well, makes sense in some cases)

 

[Ash108]

Complete sentences please.
Start with the instructions: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/apply.html

Read through, start to fill out the forms, it will start to become clear.

You do not need to show specific level of income to sponsor spouse. Generally for a working person will be fine.

Don't really understand the rest of what you wrote.

Okay I will check thank you nd sorry for not writing clear questions.

 

[armoured]

TRV comes as in work permit , study permit and visitor visa , what will be the safest option according to you?

If he's not going to study and doesn't have a very specific type of job offer (you'd have to look for the work permit instructions - but assume he doesn't qualify), then visitor is the only option left, obviously.

 

[Ash108]

Inland process: applicant (the one being sponsored) must be in Canada, and basically remain in Canada during the process.

Outland: only option available if applicant is outside Canada. (Techncially one can apply outland from within Canada as well, makes sense in some cases)

Okay thanks so much really appreciate all your help.

 

[armoured]

Okay I will check thank you nd sorry for not writing clear questions.

No worries, good luck.