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Visitor visa after 7september

K

Kkkaaauuurrr22

Full Member
Mar 24, 2021
48
4
Hello

i am a question, i applied for my husband’s spousal PR in september2020, go AOR1, sponsor approval, medical and biometrics in may2020 and after that thier is no update whenever I call IRCC they say ‘we are processing your background check’. I gave birth last week to our daughter and we want him here asap now and i want to ask if we should try visitor visa under immediate family member and before appling if anyone can tell methat it won’t affect my spousal PR application, as it sayif you submit the visitor visa application again it will automatically withdraw the previous one i dont know if it goes for spousal application or not!
thank you
 
C

canuck78

VIP Member
Jun 18, 2017
52,981
12,774
Kkkaaauuurrr22 said:
Hello

i am a question, i applied for my husband’s spousal PR in september2020, go AOR1, sponsor approval, medical and biometrics in may2020 and after that thier is no update whenever I call IRCC they say ‘we are processing your background check’. I gave birth last week to our daughter and we want him here asap now and i want to ask if we should try visitor visa under immediate family member and before appling if anyone can tell methat it won’t affect my spousal PR application, as it sayif you submit the visitor visa application again it will automatically withdraw the previous one i dont know if it goes for spousal application or not!
thank you
Click to expand...
Congratulations on your new baby! You can apply for a TRV but it isn’t guaranteed to be approved. People got confused about the travel exemption for spouses. The spouse still has to get approved for a TRV. Getting approval for a TRV as the spouse of a PR or spouse can be quite difficult. You should definitely apply. It certainly won’t harm your choices of sponsorship.


if you applied for sponsorship in September 2020 and gave birth last week there is a very good chance that you applied while still abroad which is not allowed as a PR. Did you send in your sponsorship application to IRCC while out of Canada?
 
K

Kkkaaauuurrr22

Full Member
Mar 24, 2021
48
4
So if i apply for visitor visa then it won’t affect my spousal sponsorship application? I an just worried that they dont automatically withdraw my sponsorship application?
 
M

maplezone

Hero Member
Mar 2, 2015
272
8
Hi everyone, I have a similar query, @canuck78 please respond if you could advice.

I applied for the spousal application and it's been more than 15 months and it's still in process. Around 5 months ago my spouse applied for a TRV(still in process from last 5 months) and while filling the IMM 5257(Application for Visitor visa form), under the DETAILS OF VISIT TO CANADA section, there is a question asking for the purpose of the visit. She had written COVID-19 and then in the invitation letter we mentioned that due to pandemic I couldn't fly out due to the travel restrictions and job e.t.c. therefore kindly issue the visitor visa so that my spouse could fly to Canada and we could see each other.

Now on September 07 2021, IRCC had the following announcement:

If you applied before September 7, 2021, and you already told us that you qualify for a COVID-19 exemption
You do not need to submit a new application or write to us again.
We’ll process the application you submitted before September 7, 2021.
  • It doesn’t matter if you applied via the IRCC Portal, via your IRCC secure account, or on paper.
We’ll send you an email if we need more information from you or when we reach a decision.

If your situation has changed since you submitted your visitor visa application
We recommend that you submit a new online application if
  • you submitted your visitor visa application before September 7, 2021; and
  • your situation has changed; and
  • you’re travelling for one of the following reasons:
    • to be reunited with an immediate family member who is a Canadian citizen, a person registered under Canada’s Indian Act or a permanent resident of Canada
Click to expand...
Now in our case and keeping the above guidelines in mind, can we reapply for the TRV? Secondly, when we applied for the TRV, it was around 12 months since the spousal application was submitted. Now it's been 17 months. So does this mean that our situation has changed? As mentioned in one of the above points.

Kindly respond..
 
C

canuck78

VIP Member
Jun 18, 2017
52,981
12,774
Kkkaaauuurrr22 said:
So if i apply for visitor visa then it won’t affect my spousal sponsorship application? I an just worried that they dont automatically withdraw my sponsorship application?
Click to expand...
You can apply for a TRV but it looks like you spent a considerable time in India which was not allowed as a PR sponsoring a spouse. How much time did you spend abroad? That could also impact whether you were entitled to healthcare coverage and whether you can be asked to repay any healthcare you received. What province do you live in?
 
C

canuck78

VIP Member
Jun 18, 2017
52,981
12,774
maplezone said:
Hi everyone, I have a similar query, @canuck78 please respond if you could advice.

I applied for the spousal application and it's been more than 15 months and it's still in process. Around 5 months ago my spouse applied for a TRV(still in process from last 5 months) and while filling the IMM 5257(Application for Visitor visa form), under the DETAILS OF VISIT TO CANADA section, there is a question asking for the purpose of the visit. She had written COVID-19 and then in the invitation letter we mentioned that due to pandemic I couldn't fly out due to the travel restrictions and job e.t.c. therefore kindly issue the visitor visa so that my spouse could fly to Canada and we could see each other.

Now on September 07 2021, IRCC had the following announcement:



Now in our case and keeping the above guidelines in mind, can we reapply for the TRV? Secondly, when we applied for the TRV, it was around 12 months since the spousal application was submitted. Now it's been 17 months. So does this mean that our situation has changed? As mentioned in one of the above points.

Kindly respond..
Click to expand...
Yes you can reapply. Whether you will be approved will depend on many things but whether you have a decent in person relationship will be a factor. If she needs an interview the chances of approval go down. There are certain countries where 12 month target is rarely met even before covid like Iran, Pakistan, etc. No harm applying.
 
M

maplezone

Hero Member
Mar 2, 2015
272
8
canuck78 said:
Yes you can reapply. Whether you will be approved will depend on many things but whether you have a decent in person relationship will be a factor. If she needs an interview the chances of approval go down. There are certain countries where 12 month target is rarely met even before covid like Iran, Pakistan, etc. No harm applying.
Click to expand...
Thank you so much for getting back @canuck78 . You mean that the Interview for TRV? Eligibility for the spousal application has been passed(upon looking the GCMS notes). Secondly, to reapply for the TRV; do I need to withdraw the ongoing TRV application? If so, how is it done?
 
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