Can I Apply for a Tourist Visa While My Spouse Sponsorship H&C Appeal is in Progress?

[Janix]

Hi everyone,
I’m posting on behalf of my brother regarding a tricky situation. He is currently in Canada as a permanent resident, and he recently submitted a humanitarian & compassionate (H&C) appeal after his spouse's sponsorship was refused.

Here’s the context:

• He obtained Canadian PR in 2024 and listed his marital status as “Single” at the time, due to a misunderstanding of common-law rules.
• He is married to his partner, but she was not declared on the original PR application. IRCC refused her sponsorship.
• They are currently separated, and she cannot visit Canada because her previous temporary resident visa (TRV) was refused.

Now they are wondering:

• Is it possible to apply for a tourist visa (TRV) while the H&C appeal is in progress?
• Would the PR refusal / pending H&C affect her chances of approval?
• What factors might strengthen her TRV application in this situation (e.g., proof of ties to home country, explanation of H&C appeal, financial stability)?
• Has anyone had experience successfully obtaining a TRV while a spouse sponsorship is under H&C review?

Any advice or experiences would be greatly appreciated.

Thanks so much!

 

[scylla]

She can apply for a TRV but it's pretty much guaranteed to be refused due to the failed sponsorship application, H&C application, and previous refused TRV. The failed sponsorship application and H&C application demonstrate she has an intent to remain in Canada long term.