Sponsoring spouse by Canadian PR from outside Canada

[Genesis923]

Hi,
My son is a PR holder but living currently in USA but will move to Canada later. His spouse is an Indian citizen living in USA currently on dependent visa.

1. Can my son sponsor his spouse for a visa from outside Canada as he is currently living in USA ?
2. Or he has to be in Canada to sponsor her ?
3. How long will it take for a visa to be approved for his spouse ?( She can not be living in US if he is not in US as she is on dependent visa )
4. Is dual intent visa an option in this situation ?
5. Can his spouse come to Canada on visitor visa while my son's sponsorship is under consideration ?

 

[scylla]

Hi,
My son is a PR holder but living currently in USA but will move to Canada later. His spouse is an Indian citizen living in USA currently on dependent visa.

1. Can my son sponsor his spouse for a visa from outside Canada as he is currently living in USA ?
2. Or he has to be in Canada to sponsor her ?
3. How long will it take for a visa to be approved for his spouse ?( She can not be living in US if he is not in US as she is on dependent visa )
4. Is dual intent visa an option in this situation ?
5. Can his spouse come to Canada on visitor visa while my son's sponsorship is under consideration ?

1. No.
2. Yes.
3. Approximately 12 months.
4. A TRV may be approved or may be refused. Probably 50/50 chance. Best approach is for his wife to demonstrate strong ties to her home country such as a job, property and assets.
5. If a TRV is approved, then yes.

 

[scylla]

Hi,
My son is a PR holder but living currently in USA but will move to Canada later. His spouse is an Indian citizen living in USA currently on dependent visa.

1. Can my son sponsor his spouse for a visa from outside Canada as he is currently living in USA ?
2. Or he has to be in Canada to sponsor her ?
3. How long will it take for a visa to be approved for his spouse ?( She can not be living in US if he is not in US as she is on dependent visa )
4. Is dual intent visa an option in this situation ?
5. Can his spouse come to Canada on visitor visa while my son's sponsorship is under consideration ?

BTW - there is no such thing as a "dual intent visa". The spouse will apply for a regular TRV.

 

[Genesis923]

BTW - there is no such thing as a "dual intent visa". The spouse will apply for a regular TRV.

Thank you for the detailed reply !

 

[YVR123]

And it's a PR application. Your son will be sponsoring his wife to become a PR. It's not a spouse visa.

 

[Genesis923]

Hi YVR123, Thanks for pointing out the difference. I have the following follow up questions please:

1. Is the procedure for sponsoring PR application for the spouse different from sponsoring fora visa ?
2. Where can I find the details and procedure for filing a PR application for a spouse ?
3. Can he sponsor a PR application while being outside Canada ? ( Wife also is outside Canada in USA )
Thanks

 

[YVR123]

Hi YVR123, Thanks for pointing out the difference. I have the following follow up questions please:

1. Is the procedure for sponsoring PR application for the spouse different from sponsoring fora visa ?
2. Where can I find the details and procedure for filing a PR application for a spouse ?
3. Can he sponsor a PR application while being outside Canada ? ( Wife also is outside Canada in USA )
Thanks

1) spousal visa doesn't exist. (different from US)
So for IRCC family class sponsorship is for PR and Citizen to sponsor their family to become PR. (a visa is temporary. permanent resident is not temporary.)
2) All the details are on IRCC website
https://www.canada.ca/en/immigratio...mily-sponsorship/spouse-partner-children.html

3) He needs to live in Canada to sponsor his wife.

 

[Genesis923]

Now I understand. Thank you.

 

[canuck78]

Would add that he needs to be compliant with his RO to sponsor his spouse. When did he land and how much time has he spent in Canada.

 

[Genesis923]

He has not yet landed in Canada. He is planning to move there soon. Currently he is in US.

 

[armoured]

Hi,
My son is a PR holder but living currently in USA but will move to Canada later. His spouse is an Indian citizen living in USA currently on dependent visa.

He has not yet landed in Canada. He is planning to move there soon. Currently he is in US.

This is very important so make sure your son checks carefully: your son is NOT a PR yet, because he has NOT YET landed in Canada.

Your son MUST declare his spouse before landing, if he has not already done so (in which case presumably as an unaccompanied spouse). This may cause delays in his plans to land.

Does not make sense to go into more scenarios or discussions about what next steps until the actual facts are clarified.

Again: he MUST advise of his change in marital status before landing. Failure to do so could prevent him from ever sponsoring his spouse.

If he's already done so by including spouse as unaccompanied, different facts.

 

[Genesis923]

This is very important so make sure your son checks carefully: your son is NOT a PR yet, because he has NOT YET landed in Canada.

Your son MUST declare his spouse before landing, if he has not already done so (in which case presumably as an unaccompanied spouse). This may cause delays in his plans to land.

Does not make sense to go into more scenarios or discussions about what next steps until the actual facts are clarified.

Again: he MUST advise of his change in marital status before landing. Failure to do so could prevent him from ever sponsoring his spouse.

If he's already done so by including spouse as unaccompanied, different facts.

Thanks for the info.
My son has landed in Canada and stayed for a few days and got the PR card and came back to US as he is on H1B in USA. After that he got married and now would like to move to Canada along with his wife.

 

[scylla]

Thanks for the info.
My son has landed in Canada and stayed for a few days and got the PR card and came back to US as he is on H1B in USA. After that he got married and now would like to move to Canada along with his wife.

In that case he's fine.

But he still needs to move to Canada before he will be able to submit an application to sponsor his wife for PR.

 

[armoured]

Thanks for the info.
My son has landed in Canada and stayed for a few days and got the PR card and came back to US as he is on H1B in USA. After that he got married and now would like to move to Canada along with his wife.

Okay, that's been clarified, so he is a PR and landed. The rest is as others have put it - can't sponsor before returning. His spouse can apply for a TRV while that process is underway, but no guarantees it will be granted.

 

[Genesis923]

OK. Thanks.

Kindly help us decide how to proceed:

1. Since my son only has PR visa and his wife does not hold any Canadian visa ( not even visitor visa ),his wife can not accompany him to Canada. Is there a way for him to take his wife to Canada so that he can reside in Canada and sponsor his wife's PR as he has to be in Canada to sponsor ?

2. What other ways / visas are there for my son's wife to go to Canada along with him ? She can not stay alone in USA while her sponsorship is being considered as she is on dependent visa in US. It looks like it will take 12 months for thee sponsorship application to be processed.

3. What is TRV and can my son's wife apply for one and what grounds will help her get her visa approved ?

4. Can she independently apply for PR after taking IELTS etc., ? Is this legal ? Will she has to mention about her husband's PR status in her application ?

5. What other paths are there for her to go to Canada while her sponsorship is under consideration ?

Thanks in advance for you time.