WHV and Spousal Visa at the same time?

[Snoopy75]

My Canadian partner and I are currently gathering documents together to apply for a spousal visa. We live together in Europe, and I come from a visa-exempt country. We're hoping to apply for the spousal visa sometime next month.

However my partner really misses Canada, and would like to move there sooner rather than later, but maybe a bit selfishly, we don't want to be separated if we can manage it! Even with our relatively straight-forward case we know there is a chance it'll take a year to get approved. The pools for the Working Holiday Visa should be opening soon, and I qualify for my country.

My question is, is it a problem to apply for both at the same time? Would I have any problems at the border trying to come in with a WHV given I'd have a PR application in process? I'd likely be moving in summer on the WHV, which means the PR would be well underway. Does having a PR application disqualify me from the WHV?

As well, my partner obviously has to prove she will move back to Canada, could me applying for a WHV and her coming with me count towards intent to return? Should she put that on the application or not bother?

I know there's a few threads on here of people who did WHV and Spousal Visa so I'd really like to hear anybody's experiences with this. Thanks to anybody who responds.

 

[monkeys89]

Applying for a WHV is not proof of intent to return - it's proof that you are using whichever visa you can find to get yourself to Canada. That's not a good evidence of planning to move.

You can certainly apply for a WHV but if you submit the spousal sponsorship first, you will likely not be approved for the same reason. CIC does not look kindly upon people applying for every visa feasible to get to Canada. It makes it look like your only goal is getting to Canada and you're doing anything you can to get there.

Applying for a WHV and then applying for a spousal PR is not as much an issue, as a spousal PR is like an 'ultimate' PR.

Are you married already? That may impact your chances for a WHV.

 

[Snoopy75]

Yes we are married, and have been for about a year and a half.

That's definitely a concern of ours, that it would look like we were just trying to get into Canada by any means necessary, and we certainly don't want to invite any unnecessary scrutiny on any of our visa applications. I've seen a few threads on here of people who were common-law and married who applied for a WHV, got approved, and were planning on submitting a spousal application as well. Can I ask why you think applying for the WHV first and then a spousal visa is less of an issue than both at the same time?

We did consider just doing a WHV and then after getting set up in Canada and settled in, applying for an outland spousal visa after a few months. That way I could keep working while waiting for it to process. However, we also thought about applying for the spousal visa now since we have a relatively straight forward case, have lived together for a few years, been married for a year and a half etc. The big thing is my spouse really would like to be in Canada sooner rather than later, hence why the WHV came into our thoughts.

 

[monkeys89]

So WHV first the spousal doesn't matter if you're already married, because as soon as you're married and applying for anything other than a spousal PR, CIC looks at any application like you're trying to get into Canada by any means necessary. You'll find plenty of threads on here of spouses being denied even TRVs when both side lives outside of Canada - because CIC assumes that with a TRV you'll just overstay. It's stupid frustrating.

My initial thought had been WHV then PR because a WHV is an intermediate-length visa, it has an end date, it cannot be renewed, etc. Applying and securing that, and then applying for spousal, is sort of "progressing" along the path from a temporary visa to a permanent residence. Applying for the two at the same time would likely be pointless.

Your challenge here is a few levels deep: as you're already married, you have to declare the marriage on any visa application to Canada. Without extensive proof of ties to the country of residence, and valid reasons for short-term travel, and strong reasons why you'd return to the country of residence, CIC is unlikely to approve a temporary resident visa or any short-term visa because you're married. Even though they require proof of return on the spousal app - yes, it's crazy, but they don't want people to queue-jump.

If you somehow get a TRV or other temporary visa and then *move* to Canada with the intent of settling, there's a slim chance that CBSA will be concerned if you appear at an airport with all your worldly possessions (or even them being sent separately, as you have to declare them) because you would not necessarily be entering Canada on your true intentions. They allow dual intent - appearing at a border with an intent to recognize a short-term admission, but with the hopes of applying for PR while there - but they're sometimes frustrated about it.

You can certainly try to apply for a short-term permission to be in Canada, but be aware that since you're already married to a Canadian, the chances of being approved are lower.

 

[Snoopy75]

You've given us a lot to think about, and definitely highlighted concerns we had. I figured my being married to a Canadian would be a huge red flag for any WHV and pretty much automatically disqualify me. It is confusing though because I've seen quite a few threads on here, some fairly recent, of people being married to Canadians or common-law and being approved no problem for the WHV. I also, a few months ago when circumstances were different, posted a thread in the temporary visa section about my concerns being married to a Canadian, and had a member with quite a few thousand posts assure me it would be no problem securing the WHV.

Unfortunately it seems a lot of the people who posted the threads getting the WHV being married to a Canadian never really updated so I can't see how the journey went. That's why I posted hoping someone who had similar circumstances to me could reply and tell me how they did it. The proof of intent to return is extremely frustrating, as I'm sure everyone knows, and is probably one of the things that CIC will ask us for further proof of down the road if we just submit a pure spousal visa application. There is always the inland option, since I'm from a visa exempt country I could visit no problem, but I don't relish the idea of not working for 4 months waiting for the OWP.

 

[monkeys89]

Yeah, unfortunately I haven't gone that route so I can't give you concrete advice on your chances. You could try - but as you've stated, your goal is to get to Canada and working before the 12 months. That's precisely what CIC doesn't want to see.

At this point, you could apply and see what happens. Or wait to see if other married people have successfully applied for WHVs. I wish I could give you positive personal experience.

 

[canuck_in_uk]

You've given us a lot to think about, and definitely highlighted concerns we had. I figured my being married to a Canadian would be a huge red flag for any WHV and pretty much automatically disqualify me. It is confusing though because I've seen quite a few threads on here, some fairly recent, of people being married to Canadians or common-law and being approved no problem for the WHV. I also, a few months ago when circumstances were different, posted a thread in the temporary visa section about my concerns being married to a Canadian, and had a member with quite a few thousand posts assure me it would be no problem securing the WHV.

Unfortunately it seems a lot of the people who posted the threads getting the WHV being married to a Canadian never really updated so I can't see how the journey went. That's why I posted hoping someone who had similar circumstances to me could reply and tell me how they did it. The proof of intent to return is extremely frustrating, as I'm sure everyone knows, and is probably one of the things that CIC will ask us for further proof of down the road if we just submit a pure spousal visa application. There is always the inland option, since I'm from a visa exempt country I could visit no problem, but I don't relish the idea of not working for 4 months waiting for the OWP.

I'm going to give you a bit more to think about. There is no issue in applying for the WHV while a PR app is in process. They are separate apps and the WHV visa will not be refused because you have a sponsorship app in process or because you are married to a Canadian. And IRCC is not going to suspect a Marriage of Convenience, so there will not be any sort of extra scrutiny that you are using her to come to Canada.

Your plan is perfectly fine. Apply outland for PR now, apply for the WHV when the pool opens, comes to Canada next year on the WHV.

 

[Snoopy75]

You certainly have given us more to think about! It would definitely be a relief that we could apply for both no problem, and who knows, we could end up lucky and get a PR before we move (we're not banking on it though, we know we have to be prepared for a year to get approved). Can I ask why you believe there should be no problem? Is it from others you've seen on this forum or the IRCC rules? Just to help ease my mind a bit!

It is a relief that IRCC shouldn't suspect of fraudulent marriage, because I was worried applying for two visas at the same time would make it look like such. I swear I've seen others on this forum applying for multiple visas though, whether it's EE and spousal visa, or EE and Canada Experience Class etc and it didn't seem to be a problem? And I've scoured the Canadian immigration website for something would disqualify me from applying for WHV but nothing was listed about having a Canadian spouse, just not having dependents, which we do not have.

 

[canuck_in_uk]

You certainly have given us more to think about! It would definitely be a relief that we could apply for both no problem, and who knows, we could end up lucky and get a PR before we move (we're not banking on it though, we know we have to be prepared for a year to get approved). Can I ask why you believe there should be no problem? Is it from others you've seen on this forum or the IRCC rules? Just to help ease my mind a bit!

It is a relief that IRCC shouldn't suspect of fraudulent marriage, because I was worried applying for two visas at the same time would make it look like such. I swear I've seen others on this forum applying for multiple visas though, whether it's EE and spousal visa, or EE and Canada Experience Class etc and it didn't seem to be a problem? And I've scoured the Canadian immigration website for something would disqualify me from applying for WHV but nothing was listed about having a Canadian spouse, just not having dependents, which we do not have.

The processing of the 2 apps has nothing to do with each other. The IEC app will be assessed as per the IEC requirements and as long as you meet those requirements, i.e. right age, proofs of funds, PCCs etc., you will be approved. Having a PR app in process or having a Canadian spouse won't change that. And yes, many others have done it.

You have been together for years, you live together, your Canadian partner is obviously willing to live outside of Canada for you and you are visa-exempt. You are not a Marriage of Convenience risk at all.

 

[Snoopy75]

Thank you so much for allaying our fears! That's really good news to hear.

I had one more question. I know that quite a few Canadians abroad get asked for more proof to move to Canada, and that sometimes not providing sufficient proof can result in refusal. I've recently seen a Canadian living in America posting on this forum that she's running into a lot of trouble with IRCC living abroad despite being a citizen. My question is, most likely we won't be approved by the time we move under the WHV. If my partner is back in Canada by then and gets asked for "intent to relocate", is her saying "I already moved back" and providing proof of that good enough? Also, should we mention in the PR application our WHV and her moving with me? Obviously, we would not make that our only proof, but mentioning that alongside other things like health insurance, moving companies etc.

I know it may seem like a silly question, but I just want to make sure we don't run into any problems.

Has anyone had experiences with that? A Canadian moving back in the middle of the PR process and providing proof of that to IRCC?

 

[canuck_in_uk]

Thank you so much for allaying our fears! That's really good news to hear.

I had one more question. I know that quite a few Canadians abroad get asked for more proof to move to Canada, and that sometimes not providing sufficient proof can result in refusal. I've recently seen a Canadian living in America posting on this forum that she's running into a lot of trouble with IRCC living abroad despite being a citizen. My question is, most likely we won't be approved by the time we move under the WHV. If my partner is back in Canada by then and gets asked for "intent to relocate", is her saying "I already moved back" and providing proof of that good enough? Also, should we mention in the PR application our WHV and her moving with me? Obviously, we would not make that our only proof, but mentioning that alongside other things like health insurance, moving companies etc.

I know it may seem like a silly question, but I just want to make sure we don't run into any problems.

Has anyone had experiences with that? A Canadian moving back in the middle of the PR process and providing proof of that to IRCC?

I know the case you are referring to and it is not at all typical. IRCC generally accepts such proof of intent to return.

When you guys come to Canada, you need to update your addresses, so IRCC will see it. Once she is in Canada, the "intent to return" requirement is irrelevant.

Yes, mention the WHV in the PR app if you have it by then.

Many people, including myself and my partner, moved to Canada part way through the process. You just update your address.

 

[Alexn]

Thank you so much for allaying our fears! That's really good news to hear.

I had one more question. I know that quite a few Canadians abroad get asked for more proof to move to Canada, and that sometimes not providing sufficient proof can result in refusal. I've recently seen a Canadian living in America posting on this forum that she's running into a lot of trouble with IRCC living abroad despite being a citizen. My question is, most likely we won't be approved by the time we move under the WHV. If my partner is back in Canada by then and gets asked for "intent to relocate", is her saying "I already moved back" and providing proof of that good enough? Also, should we mention in the PR application our WHV and her moving with me? Obviously, we would not make that our only proof, but mentioning that alongside other things like health insurance, moving companies etc.

I know it may seem like a silly question, but I just want to make sure we don't run into any problems.

Has anyone had experiences with that? A Canadian moving back in the middle of the PR process and providing proof of that to IRCC?

How did it go for you? I'm in the same situation, my outland spousal sponsorship is sent but my Canadian spouse wants to move back and sponsorship timelines are not looking good.