Spouse apply for Visit visa to Canada while on-going PR application

[maktabi]

Hello,
I applied for PR from within Canada as a protected person and included my wife and daughter who lives outside Canada in the application.
The application is taking forever and unfortunately, my family was in a temporary status in a third country and now it's expired and they are illegally living there. If the authorities of that country ever come across them they'll depart them to our home country, where they'll be in danger. During the time I came to Canada and applied for refugee status and then PR, my dad was taking care of them, however, my dad had to leave that country due to his immigration status was also expired and now my family are by themselves and it's getting really tough for them to manage their everyday needs.
My question is, are there any chances of getting a TRV to come to Canada to stay with me on a temporary status until the process of the PR finishes?

Your opinions are much appreciated.
Thank you

 

[Buletruck]

You can certainly try, but TRV’s for spouses are notoriously difficult to get in most cases. That isn’t to say it’s impossible, but given your status and the fact you are in the process of applying for a PR, IRCC will assume they have no intention of leaving Canada. Due to this, technically they don’t meet the requirements of a TRV (that you are a visitor and intend to go home). Their status in the country they are in will also be a significant negative factor in the application. You will need an exceptionally complete and strong application for you to get them a TRV.

 

[maktabi]

That's what I thought, the fact that I have received an initial approval on the PR application doesn't mean that they actually have a PR in Canada or they will be getting it for certain. Do you think writing an explanation letter and send it with the application to the embassy could help?

Thank you

 

[Buletruck]

It’s really hard to say, given the decision is based on individual events VO decisions. What are conditions in your home country for your wife and child? Would it even be possible for them to return?

 

[maktabi]

Technically, yes they can. however, their names might be in the interest of the authorities based on their associate with me, the authorities might detain them or even harm them.

 

[Buletruck]

Yeah, I figured as much. It would be better for the application if they applied from your home country, but it’s probably not practical. Not sure what else you could do to improve the chances.

So you might have some luck with urgent processing. Make sure you read through the requirements and have everything you would need to make a strong case. Details here:

http://www.unhcr.org/3c5e55594.pdf

Vulnerable Cases (“Urgent Cases” in UNHCR terminology)
Canadian visa officers may determine a refugee to be vulnerable, meaning the person has a greater need of protection than other applicants because of particular circumstances that give rise to a heightened risk to his/her physical safety or well being. The vulnerability may result from circumstances such as lack of protection normally provided by a family or a medical condition. If the UNHCR flags a case as “urgent”, the visa office will give consideration to whether processing can be expedited due to the applicant’s vulnerability. If cases are assessed as vulnerable they will be prioritized before regular refugee cases and will be eligible for expeditious processing (from one to four months).

 

[maktabi]

Thank you, I'll read through the handbook, hopefully, will find something applicable to my case. Will keep you posted.
Thanks again

 

[Buletruck]

Best of luck. Emphasize that your fathers departure has left them without status and protection and the risk of return home. I’d strongly suggest contacting an refugee organization or an lawyer (very) familiar with refugee immigration

 

[canuck78]

I would imagine most families of refugees waiting for reunification are under not under ideal circumstances so unfortunately your chances are not great for urgent processing. Wouldn't even bother for TRV but if you'd like to try to ease your mind you should do it. The good news is that you have already started the PR process.

 

[maktabi]

Well, thank you for your comment. I agree there must be more critical circumstances for other refugee's families who are also waiting. However, I'm only considering my family at the moment and you can call it human nature.

 

[canuck78]

Well, thank you for your comment. I agree there must be more critical circumstances for other refugee's families who are also waiting. However, I'm only considering my family at the moment and you can call it human nature.

You misread my comment. I said that most non-accompanying family members of refugees are not living in ideal conditions. If they are not getting TRV approval then seems highly unlikely you will receive approval even given their immigration problems. Given that they are waiting for PR approval and it will be assumed that they are no actual visitors and intend try and stay in Canada.

 

[maktabi]

Got you, my apologies, I'm just not able to focus anymore, Thanks again.