Could someone please advise on the best approach for this situation?
I am a Canadian citizen and have been living outside of Canada since November 2023, spending time between India and the UK. My partner, who is based in India, and I have been in a relationship for three years, and we are planning to get married in January 2026.
After our marriage, we intend to apply for his spousal PR (Outland application), following which I plan to return to Canada. I have a few specific questions:
- Once I am back in Canada, can we apply for his visitor visa so that he can visit me while the PR application is being processed?
- At that stage, would it be possible to apply for an Open Work Permit (OWP) for him while we wait on the PR?
- Would pursuing both applications visitor visa while the PR file is in process cause any complications?
- Are there significant chances of the visitor visa being refused in this situation?
Yes, your partner can apply for a visitor visa to Canada while his Outland Permanent Resident (PR) application is being processed, and this is explicitly allowed by IRCC. However, obtaining an Open Work Permit (OWP) while he is outside of Canada is not generally possible under the standard spousal sponsorship rules.
Visitor Visa while PR is in Process
Can we apply for his visitor visa?
Yes. After you submit the spousal PR application and receive the Acknowledgement of Receipt (AOR), your spouse can apply for a visitor visa and may even be eligible for faster processing by including the AOR with his application. The AOR confirms that his PR application is in progress.
Chances of refusal: The main challenge is proving the intent to leave Canada at the end of the visit, which is a key requirement for any visitor visa. Having a pending PR application technically indicates an intention to immigrate. To mitigate the high chance of refusal, your partner must demonstrate strong ties to his home country (India), such as stable employment, property ownership, or family ties, to convince the visa officer he will return after his visit. The purpose of the visit should be clearly stated as temporary, to visit you, the sponsoring spouse.
Open Work Permit (OWP)
Is it possible to apply for an OWP at that stage? No, an OWP is generally not available for an outland spousal PR applicant while they are outside Canada. The option to apply for an OWP while waiting for PR processing is typically for applicants who are already in Canada and applying under the Spouse or Common-Law Partner in Canada (SCLPC) class, or for outland applicants who have already been approved for a visitor visa, arrived in Canada, and applied for the OWP from within Canada after receiving "approval in principle" of their PR application.
Potential Complications:
Pursuing both applications: Applying for both a visitor visa (which requires non-immigrant intent) and a PR application (immigrant intent) is permissible and is known as "dual intent". The applications themselves do not conflict if handled correctly, but the applicant must be prepared to demonstrate that they will respect the conditions of their temporary stay (the visitor visa) and leave Canada if their visitor status expires before their PR is finalized.
Key Action: The most crucial step to avoid complications and improve the visitor visa's chances of approval is to provide compelling evidence of strong ties to India and a clear plan to depart Canada. This is a common reason for visitor visa refusals.
Summary of Steps
1.Get Married (January 2026): Proceed with your marriage.
2.Submit Outland PR Application: Once married, you can submit the Outland spousal PR application. Ensure you show your intent to return and live in Canada.
3.Receive AOR: Wait for the AOR letter, which can be used to support a subsequent visitor visa application.
4.Apply for Visitor Visa: Your partner can apply for a visitor visa, including the AOR and strong evidence of home ties to India.
5.OWP Eligibility: If the visitor visa is approved and he comes to Canada, he may be eligible to apply for an OWP from within Canada after he has received an "approval in principle" on his PR application.