Worried about fiance's visa

[RivenC]

I am a Canadian getting married in Mexico in May to a Mexican citizen. My plan is/was to bring her up here on a travel visa in July, use some connections with local businesses and get a work visa while she's up here on a travel visa. Then I would start the sponsorship program from inside Canada while she's on that work visa. However, she's worried about being approved for a travel visa because of the requirement "convince an immigration officer you will leave Canada at the end of your stay."

Should she be worried? Is there something I'm missing? I've checked visa processing times and gone through questionnaires to make sure I'm doing everything right. I haven't seen any issues so far. Any help/advice would greatly be appreciated.

 

[scylla]

Yes - there's reason to be worried. Visitor visas are meant for individuals who are genuine tourists to Canada (i.e. people who plan to come for a short period of time and then leave) - not for individuals who are using them as a way of moving to Canada to live before they have authorization to do so. For this reason it's unfortunately quite normal for spouses of Canadians to be refused visitor visas. Having said that - by all means give it a try. To be approved, she'll need to demonstrate that she has very strong ties to her home country (e.g. job, assets) to prove she has no plans on remaining in Canada long term. She should also keep the length of her trip reasonable (i.e. 2-3 weeks - not months).

On a separate note, in order to be approved for a work permit, she will need a full time job offer and also an approved LMIA from the employer. The LMIA is a long and expensive process with no guarantee of approval at the end. As a result, it's typically difficult to find employers willing to go through it.

 

[RivenC]

Cost won't be a factor. I see processing times are 10 days? That doesn't seem like too long. My family has a lot of good connections with a lot of businesses. I will be looking into that, if I have to call in a big favor, that can be done.

 

[scylla]

Cost won't be a factor. I see processing times are 10 days? That doesn't seem like too long. My family has a lot of good connections with a lot of businesses. I will be looking into that, if I have to call in a big favor, that can be done.

That's just for the work permit. You need to factor in the LMIA processing time as well. LMIA processing times can be 4+ months (even for highly skilled jobs). You also have to factor in the 1 month in advertising the employer must do before submitting the LMIA. Understand that money can't buy you an approved LMIA. To be approved, the employer must prove they advertised the job and no Canadian could be found for the role. If it's reasonable that a Canadian should have been found for the role, the LMIA will be refused.

 

[scylla]

Getting back to the visitor visa... I would consider applying for the visitor visa now (i.e. before she is married to you). Typically the chances of approval go down one someone is married to a Canadian.

 

[RivenC]

She will be applying for the visitor visa now. Thanks.

Thanks for the info about the LMIA. I'll be looking into that now. I wasn't aware it was 4+ months for that. I'll see what can be done. I appreciate all the help

 

[scylla]

If the visitor visa is approved, she can come to Canada and you can sponsor her using the inland method. In that case, forget about the LMIA. Include an open work permit with the inland application and she should have an open work permit four months after you submit the sponsorship application.

If the visitor visa is refused, then you'll need to sponsor her outland and it's quite likely she won't be able to come to Canada until the PR application is approved.

 

[RivenC]

Ok. We are going to look into the LMIA anyways as it'll allow her to work earlier. We may be able to make that work with our business connections here. You've been a huge help.

 

[RivenC]

This brings up one more question.

Hypothetically - If I'm getting married in Mexico in May, and she comes up here in July, would that be reason to deny her entry even though she already has the travel visa?

If yes, would it be wise to move the marriage to July after she comes up here and start the sponsorship then? I'm assuming I can start the sponsorship as soon as I get the marriage certificate?

 

[mikeymyke]

Yes it could lead to a denial of entry if you do it that way, the chance of that happening would be higher since she would've already been married to you. Getting a travel visa doesn't guarantee entry to Canada. Whether you're married or not, there's always a chance of denial, whether it'd be lack of funds, vague purpose of visit, etc.

Having said that, my wife was married to me before she applied for visitor visa and she got one (see signature). We just simply provided tons of documentation of her assets, travel history, finances, family ties, employment, etc.

 

[jtannous]

Getting back to the visitor visa... I would consider applying for the visitor visa now (i.e. before she is married to you). Typically the chances of approval go down one someone is married to a Canadian.

Hello, you seem very knowledgeable. i want to bring my wife to Canada (Toronto) on a visitor visa (TRV) while we wait for her PR to come in. We are already married and already began our PR, we have a UCI number and file number and everything is going smoothly as I am now approved as a sponsor. Why would a visitor visa not work now? ive heard of many people who had to get married to be able to bring their wives to Canada on a visa!

can you confirm please? im providing a home and good financials and good paying stable job!

 

[jtannous]

If the visitor visa is approved, she can come to Canada and you can sponsor her using the inland method. In that case, forget about the LMIA. Include an open work permit with the inland application and she should have an open work permit four months after you submit the sponsorship application.

If the visitor visa is refused, then you'll need to sponsor her outland and it's quite likely she won't be able to come to Canada until the PR application is approved.

straight from the checklist:

Proof of sufficient funds to cover expenses for the duration of your visit.
 A bank statement covering the last twelve months and showing the balance of the
account;
 Any additional relevant documentation (last 2 pay slips, property titles, proof of
pension, investments, etc.);
 If you are not paying for your own trip, indicate how your trip will be funded. Submit
supporting documentation, for example: parents’ bank statements; letter from
employer covering costs; spouse’s employment, proof of employment and financial
documents for host in Canada* (employment letter, pay slips, T4 or Notice of
Assessment, bank statements), etc.