Immigration Corner | Faster processing of visas for family members

Dear Miss Powell,

My husband started sponsoring me and my daughter two years ago, and the application is still being processed. He usually visits us because I don’t have a visa. However, he just got a new job and so he can’t visit me this year. Is there a spousal visa that I could apply for, or do I have to apply for a regular visitor visa? Do you think if I apply, I will get through? My family there said I must just wait as they don’t usually give visas to people who are applying to live, that they will think I won’t come back.

I haven’t seen my husband in over a year, and I really want to go and visit him for the summer. I am a teacher, and so I have the whole summer off. Do you think if I apply now I would get through before the summer ends? I really miss my husband, so I hope that you can help me.

AD

Dear AD,

Although Canada does not have a “spousal visa or finance” visa category, the government recently announced that they have implemented new measures to make it easier for spouses to apply for temporary resident or visitor’s visa to come to Canada. Previously, those types of temporary resident/visitor’s visas were often denied because of concerns the applicants are unlikely to leave once it expires.

Canada has introduced a new policy that focuses on helping family members to reunite in Canada. Under a new policy, family members such as spouse, children, and parents who are being sponsored, by a Canadian citizen or permanent resident do not have to fear applying for a visitor or temporary resident visa anymore.

However, the Honorable Minister of Immigration, Refugees and Citizenship (IRCC), Sean Fraser, announced that this new measure is geared at strengthening family reunification. This means that family members can apply for a temporary resident or visitor visa to visit Canada without fear of being rejected.

PROCESSING OF VISA APPLICATION

You can apply to join your spouse while you wait on the application to be approved. The minister also promised that applicants who submit a complete application for a visitor visa can expect that their application will be processed within 30 days.

IRCC will be using computer analytics to help them to identify individuals who already have a permanent residency application in the system and process their application to visit Canada more quickly. This system has already been utilised to reduce the wait time for processing applications.

The current approval rate is over 90 per cent and, therefore, individuals should feel confident that once you have submitted a complete application for sponsorship and you have received an acknowledgement from IRCC that your complete application has been received and is being processed, then you can confidently apply for both a visitor visa so that you are reunited with your spouse in Canada.

Spouses can work in Canada while they wait.

Canada has a labour shortage. They have now seen the benefit of encouraging family reunification by allowing spousal applicants to also apply for an open work permit once they are in Canada so that they can help to support their family. This also extends to their dependent children, who reside with their sponsor in Canada and who have a temporary resident visa.

Also under the new policy, spouses, partners, and dependants are now able to apply for and receive an open work permit as soon as they submit a complete permanent residence application under the spouse or common-law partner in Canada class or other family class programmes. This work permit may be renewable for another 18 months just as applicants under the post-graduate work permit category.

The new policy means that Canada has finally recognised that the application for permanent residents and the application for a visitor/temporary resident visa by an applicant who is currently being sponsored are complementary, not contradictory. Many families are grateful for the change as this makes the application process less stressful, and families can be together during the process. Additionally, it means that spouses can start working as soon as they arrive in Canada, thereby contributing to the economy and supporting themselves and their family. A win-win for Canada and immigrant families.

Deidre S. Powell is a lawyer, mediator and notary public in Canada. You may contact her by email info@deidrepowell.com or call or WhatsApp 613-695-8777. You may also connect with her on Facebook to get the latest Canada immigration news.