Spousal Sponsorship and Temporary Resident Visas in Canada
Reuniting with a spouse is a fundamental aspect of Canada’s immigration policies. For those who have submitted an outside-Canada spousal sponsorship application, understanding the pathways to join your partner sooner is crucial. One such pathway is applying for a Temporary Resident Visa (TRV).
If not already applied for a Spousal Sponsorship, apply for Spousal Sponsorship
Temporary Resident Visa (TRV) for Sponsored Spouses
A TRV allows foreign nationals to enter Canada temporarily. If you’ve applied to sponsor your spouse from outside Canada, they can apply for a TRV to visit you while their permanent residence application is processed. This approach aligns with Immigration, Refugees, and Citizenship Canada’s (IRCC) commitment to family reunification.
Eligibility Criteria
To be eligible for a TRV, your spouse must:
- Have a valid travel document, like a passport.
- Be in good health.
- Have no criminal or immigration-related convictions.
- Convince an immigration officer of ties to their home country, such as a job, home, financial assets, or family, that will ensure their return after the visit.
- Have enough money for their stay.
Additionally, after submitting a permanent residence application for spousal sponsorship and receiving an Acknowledgment of Receipt (AOR), your spouse may benefit from faster TRV processing. IRCC has implemented measures to expedite TRV applications for spouses awaiting permanent residence decisions.
Application Process
- Wait for Acknowledgment of Receipt (AOR): After submitting the spousal sponsorship application, await the AOR from IRCC, confirming that the application is in progress.
- Apply for TRV: With the AOR, your spouse can apply for a TRV, benefiting from faster processing.
- Prepare Supporting Documents: Include proof of relationship (e.g., marriage certificate), financial support evidence, and any other documents specified by IRCC.
- Submit Biometrics: If required, your spouse should provide biometrics promptly to avoid delays.
Open Work Permit Opportunity
If the TRV is approved, upon arrival in Canada, your spouse can apply for an open work permit, allowing them to work while awaiting the permanent residence decision. This opportunity provides financial and social benefits, facilitating smoother integration into Canadian society.
IRCC Guidelines for Faster TRV Processing
In May 2023, IRCC introduced measures to strengthen family reunification, including:
- Faster TRV processing times for spousal applicants.
- New and dedicated processing tools for spousal TRV applicants.
- A new open work permit for spousal and family class applicants.
- Open work permit extensions for open work permit holders expiring between August 1 and the end of 2023.
IRCC aims to process most new TRV applications for spousal sponsorship applicants within 30 days. Additionally, the approval rate for these applications has increased, reflecting IRCC’s commitment to facilitating family reunification.
Why Hiring an Expert is Crucial
Immigration processes are intricate, and with these new timelines, the stakes are even higher. Here’s why consulting an immigration expert can make all the difference:
- Avoiding Errors and Delays: Immigration professionals ensure your application is complete, accurate, and complies with all IRCC requirements.
- Navigating Complex Requirements: Experts stay updated on changing policies and can guide you on supporting documents, eligibility criteria, and potential red flags.
- Saving Time and Stress: With processing times already doubled, any delay caused by errors can be costly. A professional’s attention to detail can prevent avoidable setbacks.
- Strategic Planning: An expert can advise on interim measures, such as maintaining or extending temporary resident status, to keep you legally in Canada while waiting for your application to be processed.
Canada’s immigration policies prioritize family reunification, offering avenues like the TRV with expedited processing for sponsored spouses. By understanding and navigating these options, you can significantly reduce the time apart from your loved one. Always refer to the latest IRCC guidelines to ensure compliance and increase the chances of a successful application.
Disclaimer: This article is for general information purposes only and it is not intended as legal advice. The information is not a substitute for professional legal advice, and it may not be appropriate for you. Do not rely solely on this blog. Always do your own research and due diligence. Immigration laws and regulations can change over time. It is important to consult with a qualified immigration lawyer if you are unsure how to proceed.
Family Sponsorship
Sponsor your spouse, common-law partner, child or parents.
Spousal Sponsorship Canada
Common-Law Sponsorship
If you and your partner are not married, you may still be eligible to sponsor your partner if you are in a common-law relationship. A common-law relationship exists where partners have resided together for a minimum of one year and are in a mutually exclusive relationship.
Secure Your Child’s Future in Canada with MM Immigration Law
A dependent child under 22 years of age can be sponsored by their parent. The Canadian or permanent resident parent needs to meet basic eligibility requirements and provide documentary proof of relationship to the child.
Same-sex / Gay / LGBTQ2+ Immigration Sponsorship Canada
Same sex partners and members of the 2SLGBTQ+* community can pursue the same immigration options available to opposite sex or heterosexual partners.
2024 Parents & Grandparent Sponsorship (PGP 2024)
Super Visa for Parents & Grandparents
The super visa is even better than a standard visitor visa because it allows your parents and grandparents to remain in Canada with you for up to two years.
