Apply for Sponsorship of spouse after having a visitor visa

[bluesaffron]

Hello All -
This should have been a common scenario, but I was not really able to find a similar topic.

My PR application had my spouse mentioned as un-accompanying...
I got my PR ... and I have landed in Canada last week.
My spouse is not with me in Canada at the moment and I am now planning to sponsor her and my kids.

My spouse does have a visitor Visa though... (she got her visa in early 2020).

Now, ... the question is..
Should I submit the sponsorship application right away (as Spouse Living Outside Canada), and that she can come to Canada in the next 1-2 months on a visitor visa (and stay with me for few (less than 6) months.. while the sponsorship is still in progress)?
OR
Should she come to Canada, on the visitor Visa, and while she is living in Canada, I apply for her sponsorship (as Spouse Living In Canada)?

Trying to decide on which route to take...

Thank You!!

 

[Canada2020eh]

Hello All -
This should have been a common scenario, but I was not really able to find a similar topic.

My PR application had my spouse mentioned as un-accompanying...
I got my PR ... and I have landed in Canada last week.
My spouse is not with me in Canada at the moment and I am now planning to sponsor her and my kids.

My spouse does have a visitor Visa though... (she got her visa in early 2020).

Now, ... the question is..
Should I submit the sponsorship application right away (as Spouse Living Outside Canada), and that she can come to Canada in the next 1-2 months on a visitor visa (and stay with me for few (less than 6) months.. while the sponsorship is still in progress)?
OR
Should she come to Canada, on the visitor Visa, and while she is living in Canada, I apply for her sponsorship (as Spouse Living In Canada)?

Trying to decide on which route to take...

Thank You!!

It's really your call, either way will work. The advantage of doing it inland is that you can apply for an OWP for her while the app is being processed but she has to remain here for the whole duration of the application process. Doing it outland means you have to stay in Canada for the duration and taking only short trips out of the country to visit her, about a month at a time to be safe.

 

[bluesaffron]

It's really your call, either way will work. The advantage of doing it inland is that you can apply for an OWP for her while the app is being processed but she has to remain here for the whole duration of the application process. Doing it outland means you have to stay in Canada for the duration and taking only short trips out of the country to visit her, about a month at a time to be safe.

So, I do not have too much buffer in my remaining 2/5 yrs, so I will have to stay in Canada for the remaining 2 years....

For the outland option, she comes to Canada (after I submit the sponsor app and while it is in process), and then she goes back within 6 months because of her visitor visa (and then comes back again in a month or so for another 6 months)...
Will I need to update CIC of her being in the country specificallywhenever she comes in the country?
Because even though the application is for ‘Outland’ candidate, the person is coming in the country and becoming ‘inland’ while the application is in progress?

thanks @Canada2020eh

 

[Canada2020eh]

So, I do not have too much buffer in my remaining 2/5 yrs, so I will have to stay in Canada for the remaining 2 years....

For the outland option, she comes to Canada (after I submit the sponsor app and while it is in process), and then she goes back within 6 months because of her visitor visa (and then comes back again in a month or so for another 6 months)...
Will I need to update CIC of her being in the country specificallywhenever she comes in the country?
Because even though the application is for ‘Outland’ candidate, the person is coming in the country and becoming ‘inland’ while the application is in progress?

thanks @Canada2020eh

Once she is in Cda and the end of the 6 months are getting close you can apply for an extension to the TRV, that can be done more than once and is usually granted when IRCC knows the spouse is in Cda and wants to stay for the duration of the application. If the intent is for her to stay in Cda for the duration then you should advise IRCC of a change of address.

The application does not change from outland to inland, it remains outland but it will continue to be processed, you can't change it from one to the other. One possible thing to keep in mind is if an interview is needed it has to be done in the home country.

What about the kids, do they also have TRV's, and would they also accompany your wife to Cda?

 

[canuck78]

Also wondering about the kids. Your wife getting a TRV doesn’t guarantee that the children will as well. You need to find out whether the children will get approved for a TRV.

 

[armoured]

So, I do not have too much buffer in my remaining 2/5 yrs, so I will have to stay in Canada for the remaining 2 years....

I don't understand, you say you only landed last week; there should be no buffer issue at this point.

But regardless as a PR sponsoring, you will have to reside in Canada during the process (short trips abroad only).

 

[bluesaffron]

Once she is in Cda and the end of the 6 months are getting close you can apply for an extension to the TRV, that can be done more than once and is usually granted when IRCC knows the spouse is in Cda and wants to stay for the duration of the application. If the intent is for her to stay in Cda for the duration then you should advise IRCC of a change of address.

The application does not change from outland to inland, it remains outland but it will continue to be processed, you can't change it from one to the other. One possible thing to keep in mind is if an interview is needed it has to be done in the home country.

What about the kids, do they also have TRV's, and would they also accompany your wife to Cda?

The kids are having US passport (sorry should have mentioned it earlier), so they might be ok for the first 6 months. Yes, they will accompany my wife. Need to figure out on how to extend their stay past 6 months if spouse's trv could be extended (as you suggested)... .

Your point on an interview in the home country is interesting. I am assuming the interview will require me to be there, and since I have spent almost all of the 3 yrs (out of total 5) outside Canada, I doubt I will have buffer to visit home country (India) for the interview and then return to Canada and still complete 2 yrs stay in Canada. Something I will need to figure out during the time of the interview I guess.

 

[bluesaffron]

Also wondering about the kids. Your wife getting a TRV doesn’t guarantee that the children will as well. You need to find out whether the children will get approved for a TRV.

Sorry.. should have mentioned it earlier. The kids (toddlers) have a US passport, so they will be ok for 6 months. I will try to find out how to extend their stay past 6 months. ..

 

[bluesaffron]

I don't understand, you say you only landed last week; there should be no buffer issue at this point.

But regardless as a PR sponsoring, you will have to reside in Canada during the process (short trips abroad only).

Got it.. Thanks for the info.. !!
Yes, I landed last week.. but that was my second landing. I did my initial landing in January 2018, and came back to US after 2 days.
Since then I have not been to Canada., and now made the move before I would exhaust 3 years outside Canada.

 

[armoured]

The kids are having US passport (sorry should have mentioned it earlier), so they might be ok for the first 6 months. Yes, they will accompany my wife. Need to figure out on how to extend their stay past 6 months if spouse's trv could be extended (as you suggested)... .

Your point on an interview in the home country is interesting. I am assuming the interview will require me to be there, and since I have spent almost all of the 3 yrs (out of total 5) outside Canada, I doubt I will have buffer to visit home country (India) for the interview and then return to Canada and still complete 2 yrs stay in Canada. Something I will need to figure out during the time of the interview I guess.

It is your spouse that would have to return for interview if required, not you. You should absolutely remain and stay in compliance with your RO.

And interviews are more commonly required for genuineness of relationship. With two children and residing together, that would be less likely. So not worth worrying about at this stage.

 

[Canada2020eh]

The kids are having US passport (sorry should have mentioned it earlier), so they might be ok for the first 6 months. Yes, they will accompany my wife. Need to figure out on how to extend their stay past 6 months if spouse's trv could be extended (as you suggested)... .

I don't know the details but for the kids you would apply to extend their stay in Canada in a similar manner to extending the TRV.

 

[bluesaffron]

It is your spouse that would have to return for interview if required, not you. You should absolutely remain and stay in compliance with your RO.

And interviews are more commonly required for genuineness of relationship. With two children and residing together, that would be less likely. So not worth worrying about at this stage.

Got it .. thanks for clarifying

 

[bluesaffron]

I don't know the details but for the kids you would apply to extend their stay in Canada in a similar manner to extending the TRV.

Ok.. got it.. thanks! I will explore that..