TRV application while family class PR in process - question

[duddykravitz]

Hi everyone,

I applied for my Thai wife's family class PR visa a little over a month ago. I am now in Canada working, while she's in Thailand, with our child, who is a dual citizen. I would like to apply for a TRV for her to visit with our child before the permanent resident process is complete.

I have heard that this is an automatic rejection because the PR application makes it look like she would be intending to stay in Canada, and not as a tourist. This reasoning seems odd as why would someone jeopardize a PR visa app by overstaying a TRV, but I'm curious

1) Has anyone had any experience with this? Would be nice to hear from someone who was successful, and the circumstances, specifically those who have a child/children with spouse.

2) Do I need to wait for my approval as a sponsor for the PR application before we apply for the TRV? I've heard that this is necessary, though, again, I haven't found cut and dry clear information on this.

Any insights most appreciated. Thanks

 

[Wakki]

1.) Application for TRV for a spouse with PR sponsorship application in-process is not automatically rejected.........even with a baby in the TRV application, the chances of TRV approval is very LOW...........because the spouse is more likely to overstay TRV.

2.) You don't have to wait for Sponsor Approval, TRV and PR are 2 different applications.......Sponsor Approval is usually within 2 months........its not mandatory you wait but will advice you wait, because the Spouse PR application becomes fully IN-PROCESS after the Sponsor Approval.

 

[duddykravitz]

Thanks for your response! The logic of a spouse being more likely to overstay a TRV if applying for a PR visa baffles me -- why would we risk it, especially with a child involved. But such is the logic, it sounds like.

If the chances of getting a TRV while PR is in process are low, wouldn't it be better to apply for the TRV before it becomes officially in process be preferable? I guess that would be seen as dishonest. Anyway, will give it a try and see how it goes. I think it's unfortunate that despite the stated goal of "keeping families together", there seems to be no way to actually do that without months long separation in a case like mine.

1.) Application for TRV for a spouse with PR sponsorship application in-process is not automatically rejected.........even with a baby in the TRV application, the chances of TRV approval is very LOW...........because the spouse is more likely to overstay TRV.

2.) You don't have to wait for Sponsor Approval, TRV and PR are 2 different applications.......Sponsor Approval is usually within 2 months........its not mandatory you wait but will advice you wait, because the Spouse PR application becomes fully IN-PROCESS after the Sponsor Approval.

 

[mikeymyke]

Obviously if shes planning on bringing your kid as well, the chances of rejection are high.

 

[duddykravitz]

Interesting that that's "obvious" . I obviously don't understand immigration logic. My kid is a Canadian citizen and what would the alternative be for a wife and son wanting to visit their father ahead of permanent residency? Leave him at the airport? And having a child together would make it "obviously" less likely in my eyes, maybe not in immigration's, that we would risk jeopardizing a PR by overstaying a TRV. Well, I guess all there is left to do is apply and see what happens.

 

[canuck_in_uk]

Thanks for your response! The logic of a spouse being more likely to overstay a TRV if applying for a PR visa baffles me -- why would we risk it, especially with a child involved. But such is the logic, it sounds like.

If the chances of getting a TRV while PR is in process are low, wouldn't it be better to apply for the TRV before it becomes officially in process be preferable? I guess that would be seen as dishonest. Anyway, will give it a try and see how it goes. I think it's unfortunate that despite the stated goal of "keeping families together", there seems to be no way to actually do that without months long separation in a case like mine.

Overstaying as a visitor has no effect on the PR app. IRCC forgives a significant amount for sponsorship apps, such as illegal status, illegal work, etc. People in Canada without status for years are successfully sponsored without issue. Regardless of whether the PR app is approved or refused, she is a high risk to just stay in Canada with her Canadian family.

It doesn't matter where you are in the sponsorship process. The risk of TRV refusal is the same. As a Canadian citizen, you have the option of living with your spouse and child outside Canada while the sponsorship app processes. You didn't need to return to Canada prior to your spouse being approved.

 

[duddykravitz]

I suppose I would have had the right to wait outside of Canada and return with no job to support them. Funny how life's timing doesn't work out with such precision.

 

[duddykravitz]

I suppose I would have had the right to wait outside of Canada and return with no job to support them. Funny how life's timing doesn't work out with such precision.

And thank you for the informative, non-condescending portion of your reply

 

[canuck_in_uk]

And thank you for the informative, non-condescending portion of your reply

My response was the simple truth, not condescending. You were able to stay outside of Canada with your family but chose not to. Many people are not in such a situation.