+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Should one submit a temporary residence visa application for their spouse in-spite of submitting an outland spousal sponsorship visa application?

Savak

Star Member
Jun 2, 2015
119
14
I got married to my spouse on Dec 24, 2019 in Pakistan. It took us a while to fill out the spousal sponsorship application forms and to gather all the supporting documentation necessary and we finally managed to submit the application to the IRC Mississauga office on March 30, 2020. Unfortunately because it was the height of the pandemic at the time, all the govt immigration offices were closed and are still closed and they are tremendously backlogged and only focusing on extreme emergency cases at this time. After contacting my local MP, i have been advised that this is an unprecedented situation and therefore i will have no choice but to wait and watch and accept the fact that the spousal sponsorship application route could take a bit longer i.e. atleast longer than the usual 12 months. Our original plan was to have the remaining wedding functions by December 2020 assuming the fact that the spousal immigration visa would have come through by then.

But it appears that the time line is unlikely. Unfortunately in our culture, once all the wedding formalities are complete, the girl is now expected to live with her new family and in laws, but the problem we are facing is that we are living in Canada right now and therefore once the final wedding ceremonies are complete, we will have to bring the girl to Canada but that will not be possible if the spousal immigration visa does not come by then. My parents were initially thinking that in this situation, we might request our inlaws to be patient and hold off from holding the final wedding ceremonies till the summer of 2021, but the girls parents are facing tremendous pressure from the rest of their family to ensure that the final wedding ceremonies are conducted and completed by December 2020. Also my mother is critically ill and therefore it is vital for us regardless of whether the spousal visa arrives in December or not that the final wedding ceremony takes place in December 2020 before the cruel hands of fate take her away.

So now my parents are seriously thinking of coming back home to Pakistan so that after the final wedding ceremonies are done in December, i can return back to Canada and rejoin my job whereas the girl will atleast be living with us in our home in Pakistan while she awaits for the spousal visa to come and once the spousal visa comes, my parents will bring the girl over to Canada.

We have actually received a suggestion that we should seriously consider filing a temporary residence visa application for my spouse where we will need to explain that the girl deserves to be granted the visa on account of being my wife which gives her significant ties to Canada and the fact her inlaws are living in Canada. We will also need to justify the application explaining the Covid 19 pandemic and how its disrupted our initial plans, the girls family demanding that the husband-wife living together and ofcourse my mother's declining health. If successful, the girl moves full time to Canada and can then study and then we can change the spousal sponsorship application from outland to inland and all the problems will be resolved given that she is living with us.

But others are telling us that a temporary residence visa is never set in stone and there is a risk that the Canadian Immigration authorities could refuse to grant the temporary residence visa and that could actually be damaging for the outland spousal sponsorship application process.

Thought i would get some feedback, advice on whether i should consider going through this route or not
 

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I got married to my spouse on Dec 24, 2019 in Pakistan. It took us a while to fill out the spousal sponsorship application forms and to gather all the supporting documentation necessary and we finally managed to submit the application to the IRC Mississauga office on March 30, 2020. Unfortunately because it was the height of the pandemic at the time, all the govt immigration offices were closed and are still closed and they are tremendously backlogged and only focusing on extreme emergency cases at this time. After contacting my local MP, i have been advised that this is an unprecedented situation and therefore i will have no choice but to wait and watch and accept the fact that the spousal sponsorship application route could take a bit longer i.e. atleast longer than the usual 12 months. Our original plan was to have the remaining wedding functions by December 2020 assuming the fact that the spousal immigration visa would have come through by then.

But it appears that the time line is unlikely. Unfortunately in our culture, once all the wedding formalities are complete, the girl is now expected to live with her new family and in laws, but the problem we are facing is that we are living in Canada right now and therefore once the final wedding ceremonies are complete, we will have to bring the girl to Canada but that will not be possible if the spousal immigration visa does not come by then. My parents were initially thinking that in this situation, we might request our inlaws to be patient and hold off from holding the final wedding ceremonies till the summer of 2021, but the girls parents are facing tremendous pressure from the rest of their family to ensure that the final wedding ceremonies are conducted and completed by December 2020. Also my mother is critically ill and therefore it is vital for us regardless of whether the spousal visa arrives in December or not that the final wedding ceremony takes place in December 2020 before the cruel hands of fate take her away.

So now my parents are seriously thinking of coming back home to Pakistan so that after the final wedding ceremonies are done in December, i can return back to Canada and rejoin my job whereas the girl will atleast be living with us in our home in Pakistan while she awaits for the spousal visa to come and once the spousal visa comes, my parents will bring the girl over to Canada.

We have actually received a suggestion that we should seriously consider filing a temporary residence visa application for my spouse where we will need to explain that the girl deserves to be granted the visa on account of being my wife which gives her significant ties to Canada and the fact her inlaws are living in Canada. We will also need to justify the application explaining the Covid 19 pandemic and how its disrupted our initial plans, the girls family demanding that the husband-wife living together and ofcourse my mother's declining health. If successful, the girl moves full time to Canada and can then study and then we can change the spousal sponsorship application from outland to inland and all the problems will be resolved given that she is living with us.

But others are telling us that a temporary residence visa is never set in stone and there is a risk that the Canadian Immigration authorities could refuse to grant the temporary residence visa and that could actually be damaging for the outland spousal sponsorship application process.

Thought i would get some feedback, advice on whether i should consider going through this route or not
The chances of a TRV being approved are around 50/50 based on what we've seen on this forum. It's certainly not guaranteed. If the TRV is refused, this will not harm the PR application. Go ahead and apply.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
You mention that not all the wedding ceremonies have been completed. What are the outstanding ceremonies? If all ceremonies are not completed that could lead to sponsorship refusal. CIC is very familiar with all the necessary ceremonies.


You can certainly apply for a TRV. I assume it is unlikely that your spouse has a job, property, savings in her name so she won't have strong ties. A women needing to live with her in-laws for cultural reasons is unlikely to be a strong reason why a TRV would be approved. No harm in trying to apply for a TRV but would have realistic expectations.
 
  • Like
Reactions: k.h.p.

Savak

Star Member
Jun 2, 2015
119
14
You mention that not all the wedding ceremonies have been completed. What are the outstanding ceremonies? If all ceremonies are not completed that could lead to sponsorship refusal. CIC is very familiar with all the necessary ceremonies.


You can certainly apply for a TRV. I assume it is unlikely that your spouse has a job, property, savings in her name so she won't have strong ties. A women needing to live with her in-laws for cultural reasons is unlikely to be a strong reason why a TRV would be approved. No harm in trying to apply for a TRV but would have realistic expectations.
We have had a Nikkah ceremony and a court marriage and for religious, legal purposes she is my spouse. We need to complete the remaining functions like mehndi, shaadi, ruksati etc in December 2020 but she is my spouse
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
We have had a Nikkah ceremony and a court marriage and for religious, legal purposes she is my spouse. We need to complete the remaining functions like mehndi, shaadi, ruksati etc in December 2020 but she is my spouse
Not having the ruksati is one of the things that will be needed. Without that your marriage will not be considered complete by CIC.
 

Savak

Star Member
Jun 2, 2015
119
14
Not having the ruksati is one of the things that will be needed. Without that your marriage will not be considered complete by CIC.
What if the ruksati takes place in December while the application is being processed?
 

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
We have had a Nikkah ceremony and a court marriage and for religious, legal purposes she is my spouse. We need to complete the remaining functions like mehndi, shaadi, ruksati etc in December 2020 but she is my spouse
Note that you face the possibility of refusal of the spousal sponsorship application without ruksati.

It's possible you may end up being approved. But certainly a risk IRCC may turn you down and tell you to reapply after ruksati.
 
  • Like
Reactions: canuck78

maba

Star Member
May 21, 2014
180
47
I got married to my spouse on Dec 24, 2019 in Pakistan. It took us a while to fill out the spousal sponsorship application forms and to gather all the supporting documentation necessary and we finally managed to submit the application to the IRC Mississauga office on March 30, 2020. Unfortunately because it was the height of the pandemic at the time, all the govt immigration offices were closed and are still closed and they are tremendously backlogged and only focusing on extreme emergency cases at this time. After contacting my local MP, i have been advised that this is an unprecedented situation and therefore i will have no choice but to wait and watch and accept the fact that the spousal sponsorship application route could take a bit longer i.e. atleast longer than the usual 12 months. Our original plan was to have the remaining wedding functions by December 2020 assuming the fact that the spousal immigration visa would have come through by then.

But it appears that the time line is unlikely. Unfortunately in our culture, once all the wedding formalities are complete, the girl is now expected to live with her new family and in laws, but the problem we are facing is that we are living in Canada right now and therefore once the final wedding ceremonies are complete, we will have to bring the girl to Canada but that will not be possible if the spousal immigration visa does not come by then. My parents were initially thinking that in this situation, we might request our inlaws to be patient and hold off from holding the final wedding ceremonies till the summer of 2021, but the girls parents are facing tremendous pressure from the rest of their family to ensure that the final wedding ceremonies are conducted and completed by December 2020. Also my mother is critically ill and therefore it is vital for us regardless of whether the spousal visa arrives in December or not that the final wedding ceremony takes place in December 2020 before the cruel hands of fate take her away.

So now my parents are seriously thinking of coming back home to Pakistan so that after the final wedding ceremonies are done in December, i can return back to Canada and rejoin my job whereas the girl will atleast be living with us in our home in Pakistan while she awaits for the spousal visa to come and once the spousal visa comes, my parents will bring the girl over to Canada.

We have actually received a suggestion that we should seriously consider filing a temporary residence visa application for my spouse where we will need to explain that the girl deserves to be granted the visa on account of being my wife which gives her significant ties to Canada and the fact her inlaws are living in Canada. We will also need to justify the application explaining the Covid 19 pandemic and how its disrupted our initial plans, the girls family demanding that the husband-wife living together and ofcourse my mother's declining health. If successful, the girl moves full time to Canada and can then study and then we can change the spousal sponsorship application from outland to inland and all the problems will be resolved given that she is living with us.

But others are telling us that a temporary residence visa is never set in stone and there is a risk that the Canadian Immigration authorities could refuse to grant the temporary residence visa and that could actually be damaging for the outland spousal sponsorship application process.

Thought i would get some feedback, advice on whether i should consider going through this route or not
I am from Pakistan and know all the customs .
In your case you don't have rukhsati which means no conjugal relationship therefore its considered engagement and not marriage. So chance of getting PR on spousal sponsorship is very weak.
Since she is your wife to be so there is no chance that she will return home after her temporary visit to Canada unless she has very very very strong ties to Pakistan. I have seen on this forum that the TRV of new born child born to PR parents in Pakistan is refused due to the reason that child has no ties to home country that ensures his return after the visit.
But even she is refused any visa would not affect her sponsorship application now or in future
 

Delhi321

Star Member
Aug 12, 2020
51
6
Please read this from IRCC:
Reminder: Foreign nationals who are immediate family members of Canadian citizens or permanent residents are exempt from travel restrictions if they are entering to be with their immediate family member for a period of 15 days.

Apply for visitor visa for your wife, she is an immediate family member.
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,758
Please read this from IRCC:
Reminder: Foreign nationals who are immediate family members of Canadian citizens or permanent residents are exempt from travel restrictions if they are entering to be with their immediate family member for a period of 15 days.

Apply for visitor visa for your wife, she is an immediate family member.
Doesn’t guarantee TRV approval. Many spouses are being denied.
 

Savak

Star Member
Jun 2, 2015
119
14
I have decided to go back to Pakistan with my parents in November, we will complete the remaining wedding functions including Ruksati in December 2020, i will stay with my parents and spouse in Pakistan till the time the Spousal Visa comes. Will this make a difference to our Spousal Sponsorship application?
 

Gumber

Newbie
Dec 18, 2020
8
2
Hi,

I am 28th August applicant. I have seen there is a long queue for AOR. I just want to know can I apply TRV simultaneously. Hope it would not impact my PR application.

Thanks
 

Savak

Star Member
Jun 2, 2015
119
14
Have applied for the TRV for my spouse online. According to the IRCC website, the processing times for TRV for Pakistani applicants is 433 days. Is that correct? If yes, then what's the point?
 

Savak

Star Member
Jun 2, 2015
119
14
I have applied on compassionate grounds i.e. my mother in Canada is terminally ill, she is completely dependent on caregivers, bedridden and cannot travel anymore, the doctors have given her a maximum of 6 months and it is her desire to see her daughter in law in person before the cruel hands of fate take her away from us.

A highly reputed immigration lawyer suggested this route to us saying that there were 150,000 outland spousal sponsorship applications pending with the IRCC and it could take them years to clear this backlog. What are the chances they will agree, accept on this basis?
 

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I have applied on compassionate grounds i.e. my mother in Canada is terminally ill, she is completely dependent on caregivers, bedridden and cannot travel anymore, the doctors have given her a maximum of 6 months and it is her desire to see her daughter in law in person before the cruel hands of fate take her away from us.

A highly reputed immigration lawyer suggested this route to us saying that there were 150,000 outland spousal sponsorship applications pending with the IRCC and it could take them years to clear this backlog. What are the chances they will agree, accept on this basis?
It's really impossible for any of us to say.

The chances of a TRV are unfortunately significantly higher when your spouse is Canadian since IRCC knows the person has an intent to remain in Canada long term.

What evidence of ties to her home country did she show? Does she have previous travel to countries requiring visas such as the US or UK?