Can My Spouse Come to Canada While Waiting for Spousal Sponsorship Visa?

A citizen or Permanent Resident (PR) of Canada can typically sponsor their spouse for PR. The Canadian Government can take a long time to review a spousal sponsorship application, however, which leads to a popular question: can my husband or wife come to Canada while waiting for a Spouse Visa?

Not only is it possible to bring a spouse to Canada while a sponsorship application is being processed, it can now be done quickly in many cases. In May 2023, Immigration, Refugees and Citizenship Canada (IRCC) announced that they will start processing Temporary Resident Visas (TRVs) for spousal applicants in only 30 days. Regardless of the citizenship of your spouse or partner, this can potentially enable him or her to move to Canada fast while waiting for PR approval.

In May 2023, IRCC also announced that eligible "outland" spousal sponsorship applicants can now apply for an Open Work Permit allowing them to work in Canada while their PR application is being reviewed. Previously, an Open Work Permit was only available to "inland" applicants who applied for a Spouse Visa from inside Canada. These policy changes are part of the IRCC's family reunification push.

Want to bring your spouse or partner to Canada asap? Contact our Canadian immigration law firm today for a FREE consultation.

Can I Invite My Spouse As a Visitor to Canada?

Once you have submitted a spouse sponsorship application you can apply for an expedited spousal Visitor Visa. If approved, your spouse, conjugal partner, or common-law partner can come to Canada while their PR application is being processed. A Visitor Visa can enable them to stay in Canada, but does not allow them to work in the country. If your spouse or partner wants to work in Canada while waiting for permanent residency, they would need to also apply for an Open Work Permit (OWP).

Please note: since the eligibility requirements for a Spousal Open Work Permit (SOWP) were substantially adjusted in 2023, there is a lot of incorrect information about them online. Consequently, when researching spousal sponsorship to Canada it is important to only rely on trusted sources with recently updated information.

Can I Bring My Wife to Canada Immediately After Marriage?

There are a few strategies to bring your husband or wife to Canada shortly after getting married. If your husband or wife is a citizen of a country that enjoys visa-free travel to Canada, you could sponsor them for "inside Canada" spousal sponsorship. This would involve them visiting the country and then submitting a spousal PR application from within Canada. Since they do not need to manually apply for a Temporary Resident Visa (TRV), this can often be done almost immediately after getting married. For example: if you marry an American woman or an Australian man, they could likely visit Canada and apply for "inland" spousal sponsorship shortly after you tie the knot.

If your husband or wife is a citizen of a country that does not have visa-free access to Canada, applying for inside Canada sponsorship might be slow unless they already have a valid Visa. In such a case, the fastest way to bring your spouse to Canada will often be applying for outside Canada spousal sponsorship combined with a spousal TRV. For example: you could sponsor your Indian wife or Nigerian husband for PR and then apply for a Visitor Visa so they could travel to Canada while it is being processed.

Since there were many changes made to Canada spouse sponsorship in the past few years, it is not always easy to determine the best path forward. Our Canadian immigration law firm is regularly contacted by people interested in sponsoring their spouse for PR but unsure of what is realistically possible and how long it might take. A spousal sponsorship lawyer can evaluate all their client's available options, knows how to dot the i's and cross the t's, and can be particularly helpful if you want your spouse or partner to come to Canada asap.

Wondering how our Canada Spouse Visa lawyer can help you achieve your goals? Contact us today for a no-cost evaluation.