Visitors visa during PR application?

[jonhayes]

Greetings.

I have recently (June 26) submitted a Family-Class Sponsorship application to bring my wife to Canada (from India). As of yet, we have received no indication as to the status of our application.

I am currently in India with my wife but I need to return to Canada in late August. We recognize it is highly unlikely that our application will be processed in time for her to accompany me and enter Canada on her PR visa, but we are considering the possibilty of her coming, initially, on a (six-month) temporary resident visa and staying in Canada for the fall. We recognize that there is a large possibility she will be denied a TRV, but we are still interested in pursuing this option.

My questions are related, however, to what impact a successful TRV application would have on her PRV application? The CIC literature is vague in relation to the PRV application process itself, and with an uncertain timeline, are we safe to assume that we can easily work around it, even from outside of India her country of application)? As her PRV application will be processed in New Delhi, is there a requirement that she be within India for any stage of the application process, or will her physical presence in Canada not present any difficulty? I am thinking especially in terms of a potential interview.

Our plan would be for my wife only to return to India to take possession of her PR visa, at which point she would make her permanent move to Canada, but we are open to possibilty of her needing to return, on relatively short notice, during any stage of the process. Is this a reasonable expectation on our part? What sort of notice will the High Commission give before an interview, etc.?

If there is anything here that I have overlooked, please do point it out. Otherwise, please do offer your advice and experiences.

Regards.

 

[RobsLuv]

It is highly unlikely that your wife will be issued a TRV because, having filed a permanent resident application, she can no longer prove that she intends to remain in Canada only temporarily. However, there is nothing that says that you can't apply and hope for the best. If she is approved and she accompanies you to Canada while she has an ap in process in ND, she would need to be able to return to ND if an interview is requested - and again to submit her passport close to the end of the process. There is no way to know for sure if and when an interview will be scheduled, or how much notice you might get as to when it's going to happen. Each application process is unique to the individual's case - although basic timelines do usually apply to straight-forward cases. New Delhi normally finalizes applications within 2-6 months, which is pretty fast. You might just want to have her wait it out at home, as hard as it would be to be separated, knowing that soon she'll have her visa and you can be together again. I would imagine the possibility of two trips back to India could be a bit taxing financially if they have to happen within a maximum of 6 months timeframe.

 

[olusolalekan]

Robsluv is correct. the visa officers are instructed and trained to verify whether an applicqnt for a TRV will leave Canada after the expiration of their visa. Filing a PR application proves you do not intend to leave canada after the expiration of your temporary visa.

2-6 months wait is not too long and it's not worth it to mess everything up.

Hold on and be strong. It will be well very soon

 

[jonhayes]

Thanks for the advice. We were leaning towards this direction anyway, but I figured it was worth at least inquiring about the option of a TRV.

The uncertain timeline bothers us more than having to wait in and of itself. I recognize there is nothing unique in this, but it doesn't make it any less frustrating!

Regards.

 

[thefairy]

please let us know how did it go, all the very best.

 

[med]

plz let us updated abt ur case thanks

 

[jr23]

Hi all,

I am facing a similar predicament. Firstly, is it ok to travel outside Canada after the sponsorship application is submitted?

2nd point - the Tourist visa, i have heard of this dual intent notion, especially once a PR application is in process that Canadian Immigration law allows for dual intent to both visit and apply for PR. Can some one explain the nuances surrounding this concept please?

I am in a similar situ, plan to move to Canada apply for wife's sponsorship, then leave Canada for a bit to attend to some personal matters and then apply for a tourist visa for my wife, but fully disclosing that she has a sponsorship application in the works.

Thanks everyone and all the best with your case, do keep the us posted on how things work out.

 

[Leon]

2nd point - the Tourist visa, i have heard of this dual intent notion, especially once a PR application is in process that Canadian Immigration law allows for dual intent to both visit and apply for PR. Can some one explain the nuances surrounding this concept please?

This message may help: http://www.canadavisa.com/canada-immigration-discussion-board/-t10511.0.html;msg36466#msg36466

 

[frolic]

They do allow dual-intent as we just managed a temporary visa for a visit over Christmas.

The most important thing is you have to be able to show that "YES we have a PR application in, BUT she just wants to visit and then go home."

They will look at a temp visa application more closely because of the PR application.
However the fact that you have a PR application in can actually be a help because it does show you are following the preferred process and they know that she would have to leave to pick up the PR visa anyway.

I believe they also like the Sponsorship portion to be approved first before applying for the TRV.