Will this reason be considered an essential travel for a TRV application?

[confused_aj]

Hi,

If a PR holder is about to breach the residency requirement and would like to move to Canada with their spouse as soon as possible, any chance this could be considered an essential travel if the spouse applies for TRV and travel authorisation? anyone in a similar situation?

Some context: The PR holder did a soft landing and spent a total of 2.5 months in Canada since he received the PR in 2017. He got married after acquiring the PR and due to various family/work reasons he wasn't able to move to Canada. PR holders are exempt from the travel restriction but the spouse requires a TRV to enter Canada. The couple don't have any immediate family in their current location so he can't leave his spouse alone especially at these challenging times.

Thanks.

 

[canuck_in_uk]

Hi,

If a PR holder is about to breach the residency requirement and would like to move to Canada with their spouse as soon as possible, any chance this could be considered an essential travel if the spouse applies for TRV and travel authorisation? anyone in a similar situation?

Some context: The PR holder did a soft landing and spent a total of 2.5 months in Canada since he received the PR in 2017. He got married after acquiring the PR and due to various family/work reasons he wasn't able to move to Canada. PR holders are exempt from the travel restriction but the spouse requires a TRV to enter Canada. The couple don't have any immediate family in their current location so he can't leave his spouse alone especially at these challenging times.

Thanks.

You needing to meet the RO is not an essential reason for your spouse to travel. You can return alone and your spouse is, presumably, an adult and can be left alone.

Note that the requirements to apply for a TRV are the same as they were before and have nothing to do with showing essential travel. As the spouse of a PR, her chances are low.

 

[confused_aj]

You needing to meet the RO is not an essential reason for your spouse to travel. You can return alone and your spouse is, presumably, an adult and can be left alone.

Note that the requirements to apply for a TRV are the same as they were before and have nothing to do with showing essential travel. As the spouse of a PR, her chances are low.

Thanks for your reply. I understand TRV application will need to be air-tight to be successful. But do you mean as long as the spouse can receive TRV, there is no requirement for an essential reason to travel? From what I read, it seems TRV holders can't travel for non-essential reasons.

 

[canuck_in_uk]

Thanks for your reply. I understand TRV application will need to be air-tight to be successful. But do you mean as long as the spouse can receive TRV, there is no requirement for an essential reason to travel? From what I read, it seems TRV holders can't travel for non-essential reasons.

No. It means that having an essential reason to travel has no impact on the TRV process.

 

[confused_aj]

No. It means that having an essential reason to travel has no impact on the TRV process.

I see what you mean. Thanks for the feedback

 

[canuck78]

I see what you mean. Thanks for the feedback

Would also add that chances of your spouse getting a TRV are relatively low. Spouses of PRs and citizens are routinely denied becauseCIC assumes they may not actually be temporary visitors and want to remain.

 

[canuck78]

Based on your profile your wife may be Syrian. Would assume that it will be even harder for her to get a visa if she is Syrian with no ties in the country she is currently living like longterm job, property, dependent family, etc. You need to be compliant with your RO to sponsor a spouse.

 

[confused_aj]

Based on your profile your wife may be Syrian. Would assume that it will be even harder for her to get a visa if she is Syrian with no ties in the country she is currently living like longterm job, property, dependent family, etc. You need to be compliant with your RO to sponsor a spouse.

I didn’t know about the RO requirement for sponsorship. Thank you for bringing it to my attention.

Not Syrian but a similar high risk country so you are close enough. We live in a similar high income country (Australia), earn good income, and if we travel, my spouse is obliged to come back to Australia mid next year to get her partner visa and I’m a citizen. These factors give me some hope. We will clearly explain that would love to make Canada our home but we can, will and are happy to come back to Australia whenever we are required to do so.

 

[canuck78]

I didn’t know about the RO requirement for sponsorship. Thank you for bringing it to my attention.

Not Syrian but a similar high risk country so you are close enough. We live in a similar high income country (Australia), earn good income, and if we travel, my spouse is obliged to come back to Australia mid next year to get her partner visa and I’m a citizen. These factors give me some hope. We will clearly explain that would love to make Canada our home but we can, will and are happy to come back to Australia whenever we are required to do so.

The fact that your wife has to return to Australia to pick up a visa won’t likely make a difference. Unless she can prove strong ties to her home country would be anticipating a refusal. If you are an Australian not sure why you would leave a job with good wages during a recession.

 

[Buletruck]

I didn’t know about the RO requirement for sponsorship. Thank you for bringing it to my attention.

Not Syrian but a similar high risk country so you are close enough. We live in a similar high income country (Australia), earn good income, and if we travel, my spouse is obliged to come back to Australia mid next year to get her partner visa and I’m a citizen. These factors give me some hope. We will clearly explain that would love to make Canada our home but we can, will and are happy to come back to Australia whenever we are required to do so.

Given she would have to return, that would make her travel non essential.

 

[confused_aj]

I appreciate your feedback canuck78 & Buletruck, thank you!

I do agree with you. Our chances are pretty low but at the same time we won't lose much if we try our best. We are genuine visitors who will follow the immigration rules which allow having dual intentions as long as we respect the terms and conditions of TRV. We can and fully intend to leave when we are asked to leave. Also, as far as I know a refusal won't impact us if we decide to do a sponsorship at later stage. I will definitely report back how it goes.

The tricky part is the non-essential travel bit. The current travel restrictions are set to expire the day after tomorrow (21st May) and I'm sure most of it will stay in place but I'm hopeful they will be eased a little bit.

 

[scylla]

I appreciate your feedback canuck78 & Buletruck, thank you!

I do agree with you. Our chances are pretty low but at the same time we won't lose much if we try our best. We are genuine visitors who will follow the immigration rules which allow having dual intentions as long as we respect the terms and conditions of TRV. We can and fully intend to leave when we are asked to leave. Also, as far as I know a refusal won't impact us if we decide to do a sponsorship at later stage. I will definitely report back how it goes.

The tricky part is the non-essential travel bit. The current travel restrictions are set to expire the day after tomorrow (21st May) and I'm sure most of it will stay in place but I'm hopeful they will be eased a little bit.

Make sure you have a back up plan in case the TRV is refused.

Note that once the PR holder breaches the residency requirement, he will need to return to Canada and live in Canada for two straight years before he will qualify to sponsor his spouse for PR.

 

[canuck78]

I appreciate your feedback canuck78 & Buletruck, thank you!

I do agree with you. Our chances are pretty low but at the same time we won't lose much if we try our best. We are genuine visitors who will follow the immigration rules which allow having dual intentions as long as we respect the terms and conditions of TRV. We can and fully intend to leave when we are asked to leave. Also, as far as I know a refusal won't impact us if we decide to do a sponsorship at later stage. I will definitely report back how it goes.

The tricky part is the non-essential travel bit. The current travel restrictions are set to expire the day after tomorrow (21st May) and I'm sure most of it will stay in place but I'm hopeful they will be eased a little bit.

You aren’t genuine visitors though. You want to remain in Canada. That isn’t considered visiting.

 

[confused_aj]

Make sure you have a back up plan in case the TRV is refused.

Note that once the PR holder breaches the residency requirement, he will need to return to Canada and live in Canada for two straight years before he will qualify to sponsor his spouse for PR.

Thanks Scylla! I wasn't aware about that rule.

You aren’t genuine visitors though. You want to remain in Canada. That isn’t considered visiting.

The law says: “An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay”. We are genuine in that we intend to leave the country at the end of the authorised stay and we are genuine in our desire to ultimately move to Canada via the proper means. I totally understand the onus of proof is on us.

 

[canuck78]

Thanks Scylla! I wasn't aware about that rule.



The law says: “An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay”. We are genuine in that we intend to leave the country at the end of the authorised stay and we are genuine in our desire to ultimately move to Canada via the proper means. I totally understand the onus of proof is on us.

Given your situation your spouse would need extremely strong ties to get a TRV. Longterm well paying employment, property, dependent family members, etc.