Spousal Sponsorship - TRV Extension denied, impacts on eligibility

[Mopical]

Hello,

Last year my partner and I were living together in Toronto where we met and fell in love. He wanted to stay in Canada so we could continue to be physically together, neither of us wanted to do the intercontinental long-distance thing. So he applied to extend his visitor visa. However it was denied and we both left and moved back to Brazil. We have since gotten married and intend to move back to Canada where we will apply for an inland spousal sponsorship. However I am not sure how to address the visa extension denial, or whether this will have an impact on our application. He left within 30 days of receiving the denial letter, but his visa was expired at the time he got the denial. Any insights or advice would be welcome.

I did try to search the forums, but I am new here and couldn't figure it out.

Thanks

 

[k.h.p.]

As long as you mention it where you are required to I'm the application, this doesn't affect your eligibility.

 

[armoured]

I believe there are two separate questions in your post above:

-you plan to apply inland, but how will you travel to Canada? I do not know the visa situation for Brazilians, but believe he would need a valid visa and you say that his previous visa had expired. It is possible (perhaps likely) that a visa application would be rejected based on his previous experience. But you can certainly apply for one and see what happens.
-reportedly a previous visa denial or extension of visa denial should not impact his PR family class application, it is not a reason for refusal in family class (although they may look carefully to confirm your relationship is not one of convenience to return to Canada, it's not a reason in itself for refusal). But if he does not get a tourist visa, you would have to apply outland with all that that entails. Please research the previous visa denial carefully, I believe others here have experience with it.

Note: he must declare any visa refusals and the like - not doing so WILL create problems.

 

[Mopical]

Amazing thank you. He has a valid US Visa which qualifies him for an electronic travel authorization which is valid for up to 6-months from entry into Canada. From what I can gather online, the ETA is valid for multiple entries as long as his American visa is still valid, which it is. If anyone has an alternative experience with this would love to hear their experience.

 

[armoured]

Amazing thank you. He has a valid US Visa which qualifies him for an electronic travel authorization which is valid for up to 6-months from entry into Canada. From what I can gather online, the ETA is valid for multiple entries as long as his American visa is still valid, which it is. If anyone has an alternative experience with this would love to hear their experience.

I do not know the specifics of how this works including the ETA part of this. Note that such entry is intended only for visits, and he can be turned back if the border agents believe he intends to stay. And they may infer that based on previous situation. Or they may wave through and not ask further questions. It may be a different matter entering from the USA from boarding a flight, I don't know.

You will find other notes on the issue of visting within intent to stay here on the board.

 

[k.h.p.]

Amazing thank you. He has a valid US Visa which qualifies him for an electronic travel authorization which is valid for up to 6-months from entry into Canada. From what I can gather online, the ETA is valid for multiple entries as long as his American visa is still valid, which it is. If anyone has an alternative experience with this would love to hear their experience.

Does he have the ETA currently?

If he doesn't, he will need to apply for an ETA and will need to declare the visa extension refusal and that he's married to a Canadian. That may (I'm not sure how likely, but it may) punt the ETA application into manual review and could potentially cause some issues.

 

[Mopical]

Does he have the ETA currently?

If he doesn't, he will need to apply for an ETA and will need to declare the visa extension refusal and that he's married to a Canadian. That may (I'm not sure how likely, but it may) punt the ETA application into manual review and could potentially cause some issues.

He has the ETA from his previous stay in Canada. We have checked it multiple times, and it is still valid. I am hoping that isn't too much of an issue.

 

[armoured]

He has the ETA from his previous stay in Canada. We have checked it multiple times, and it is still valid. I am hoping that isn't too much of an issue.

As I said I don't know exactly how this works but you should keep in mind a backup plan.

 

[Mopical]

Really our back up plan is for him to return home and then apply outland - I don't see that we would have any other option. Not ideal we really want to stay together, the thought of being separated from each other for a year is heartbreaking. Like all couples here we really just want to be able to stay together.