Bringing Your Girlfriend to Canada: From Visitor Visa to Spousal Sponsorship

Embarking on the journey in bringing your girlfriend to Canada involves understanding the intricacies of immigration processes. Let’s explore how you can obtain a visitor visa and then transition into spousal sponsorship, acknowledging that experiencing life together in Canada can be a pivotal step before making long-term commitments.

Obtaining a Visitor Visa for Your Girlfriend

A Visitor Visa, or Temporary Resident Visa (TRV), allows foreign nationals to enter Canada temporarily. If your girlfriend is from a country that requires a visa to enter Canada, she must apply for a Temporary Resident Visa (TRV). ​

​A Visitor Visa, or Temporary Resident Visa (TRV), permits foreign nationals to enter Canada temporarily for purposes such as tourism, business, or visiting family and friends. As the applicant, you must demonstrate strong ties to your home country, sufficient financial resources, and a clear intent to leave Canada at the end of your authorized stay. The visa is typically granted for a duration of up to six months, but the exact period is determined by the border services officer upon arrival. It’s important to note that holding a visitor visa does not guarantee entry into Canada; final admission is at the discretion of the Canada Border Services Agency (CBSA) officers at the port of entry.  So how do you convince the officer that you intend to come to Canada for a visit when you also potentially might get married and file a spousal sponsorship application?

Dual Intent

When applying for a visitor visa to Canada with the potential intent to marry and later pursue spousal sponsorship, it’s crucial to address the concept of dual intent transparently. Dual intent refers to an individual’s simultaneous intentions to enter Canada temporarily (e.g., as a visitor) and to potentially seek permanent residency in the future. Canadian immigration law acknowledges dual intent as legitimate; however, you must convincingly demonstrate your commitment to complying with the conditions of your temporary stay.​

To strengthen your visitor visa application under these circumstances, consider the following strategies:

1. Clearly Articulate the Purpose of Visit: In your application, specify that the primary purpose is to visit Canada and spend time with your partner. If marriage is planned during this visit, state that explicitly. Emphasize that any subsequent permanent residency applications, such as spousal sponsorship, will be pursued following proper legal channels after returning to your home country.​ Now there are circumstances where I inform my clients not to be so obvious and upfront in their intension. I will need to see the documents and the strength of the case to determine how upfront to be. However, at no point should you misrepresent or lie to the officer.
2. Demonstrate Strong Ties to Your Home Country: Provide evidence of compelling reasons to return home after your visit. This may include:​
   • Employment: Employment contracts, recent pay stubs, or letters from employers confirming ongoing employment.​
   • Educational Commitments: Enrollment letters or transcripts from educational institutions.​
   • Property Ownership or Lease Agreements: Documents showing ownership or rental of property in your home country.​
   • Family Obligations: Proof of immediate family members residing in your home country.​
   • Financial Preparedness: Submit bank statements, proof of income, or financial affidavits demonstrating sufficient funds to cover your expenses during the visit without the need to seek employment in Canada.​
   • Letter of Invitation from Your Partner: Include a detailed invitation letter from your Canadian partner outlining:​
   • Nature of Your Relationship: Duration and history of the relationship.​ Sometimes, it is nice to explain that your partner always travels to see you in your home country. This time, you wish to see his/her country, which is Canada.
   • Purpose and Duration of Visit: Planned activities, including any marriage ceremonies, and the intended length of stay.​
   • Accommodation Arrangements: Where and with whom you will be staying during your visit.​
   • Affirmation of Temporary Stay: Acknowledgment that you will return to your home country after the visit.​

Ensure all required forms are meticulously completed and supplemented with supporting documents to present a thorough and honest application.​

By proactively addressing dual intent and providing substantial evidence of your intention to comply with the terms of the visitor visa, you enhance the credibility of your application. This approach demonstrates respect for Canadian immigration laws and increases the likelihood of a favorable outcome.

Essential Documents and Requirements:

• Valid Passport: Ensure your passport is valid for the entire duration of the intended stay in Canada.​
• Completed Application Forms: Accurately fill out forms, including the IMM 5257 (Application for Visitor Visa).​
• Photographs: Two recent passport-sized photos meeting the specific requirements outlined by Immigration, Refugees and Citizenship Canada (IRCC).​
• Proof of Financial Support: Bank statements, pay stubs, or any financial documents demonstrating sufficient funds to cover the stay in Canada.​
• Purpose of Visit: A detailed itinerary outlining the purpose of the visit, including accommodation details, planned activities, and duration of stay.​
• Ties to Home Country: Documents that establish strong ties to your home country, such as employment letters, property ownership, or enrollment in educational institutions.​
• Letter of Invitation: A personalized invitation letter from inviter, detailing your relationship, the purpose of the visit, and affirming your commitment to support the applicant during the stay. While not mandatory, this letter can strengthen the application. ​

​When applying for a Canadian visitor visa, demonstrating sufficient financial support is crucial to assure immigration authorities that you can sustain yourself during your stay without resorting to unauthorized employment or public assistance. This proof underscores your financial stability and strengthens your commitment to comply with the visa’s temporary nature.​

Acceptable Forms of Financial Proof for a Visitor Visa Application

1. Bank Statements: Recent statements, typically covering the last four months, showcasing consistent account balances and transaction histories. These documents provide insight into your financial habits and capacity to fund your visit.​
2. Employment Verification: A letter from your employer detailing your position, salary, and duration of employment. Accompanying pay stubs can further substantiate ongoing income, reinforcing your economic ties to your home country.​
3. Income Tax Returns: Copies of recent tax filings serve as evidence of your financial responsibility and regular income streams.​
4. Property or Business Ownership Documents: Proof of assets, such as property deeds or business licenses, highlights financial stability and strengthens your application by demonstrating substantial ties to your home country.​
5. Sponsorship Letters: If a Canadian resident or organization is sponsoring your visit, a detailed invitation letter outlining the nature of support, along with their financial documents, can bolster your application. This letter should specify the relationship between you and the sponsor, the purpose and duration of the visit, and a clear commitment to cover your expenses during the stay.​

Key Considerations:

Ensure all financial documents are authentic, up-to-date, and reflect consistent financial behavior. Discrepancies or outdated information can raise concerns about credibility.​  While there’s no official minimum balance specified, it’s advisable to demonstrate access to funds that comfortably cover all anticipated expenses, including accommodation, transportation, and daily living costs, for the entire duration of your stay.​ Present funds in a readily accessible form and, if possible, in a widely recognized currency to facilitate straightforward assessment by visa officers.​

By meticulously preparing and presenting comprehensive financial documentation, you enhance the credibility of your visitor visa application, aligning with Canada’s immigration requirements and increasing the likelihood of approval.

Challenges and Considerations:

When applying for a Canadian visitor visa while in a romantic relationship with a Canadian citizen or resident, visa officers may scrutinize the application more closely due to concerns about potential overstay or intentions to remain permanently. To mitigate this risk, it’s essential to provide comprehensive evidence of strong ties to your home country—such as stable employment, property ownership, or immediate family responsibilities—that demonstrate your commitment to return after the visit. Additionally, presenting a clear and detailed travel itinerary, along with a letter of invitation from your Canadian partner outlining the temporary nature of your stay, can further reassure immigration authorities of your intentions. Transparency about your relationship, coupled with robust documentation, can effectively address concerns and improve the likelihood of visa approval.

·         Demonstrate Strong Home Ties: Provide evidence of employment, property ownership, or family obligations in her home country.​

• Previous Travel History: A record of international travel and compliance with visa conditions can positively influence the application.​
• Clear Intentions: Clearly articulate the temporary nature of the visit and the intention to return home after the stay.​

Experiencing Canada Together Before Taking the Next Step

Spending time together in Canada can be an invaluable experience for couples considering a future together. It allows both partners to understand each other’s daily lives, cultures, and the environment in which they may eventually reside. This period can provide clarity and strengthen the foundation of the relationship before making long-term commitments.​

Transitioning from Visitor Visa to Spousal Sponsorship

If your relationship progresses towards marriage or a common-law partnership, transitioning to spousal sponsorship for permanent residency becomes a viable option.​

Eligibility Criteria for Spousal Sponsorship:

As a sponsor, you must:

• Be at least 18 years old.
• Be a Canadian citizen, permanent resident, or registered under the Canadian Indian Act.
• Not be receiving social assistance for reasons other than a disability.
• Demonstrate the ability to provide for the basic needs of the sponsored person.

The person being sponsored must:

• Be at least 18 years old.
• Be legally married to you, or in a common-law or conjugal relationship with you.

Application Process for Spousal Sponsorship:

Embarking on the spousal sponsorship journey to secure permanent residency in Canada is a significant endeavor that demands meticulous attention to detail and a thorough understanding of immigration procedures. While the process may appear straightforward, the complexities involved necessitate careful navigation to ensure a successful outcome. Here’s an overview of the process:

1. Determine Eligibility: Both the sponsor and the spouse or partner must meet specific eligibility criteria set by Immigration, Refugees and Citizenship Canada (IRCC). The sponsor must be at least 18 years old, a Canadian citizen or permanent resident, and not be in prison, bankrupt, under a removal order, or charged with a serious offense. Additionally, the sponsor should not have been sponsored to Canada as a spouse within the last five years. ​
2. Complete the Application Forms: Both the sponsor and the spouse or partner must accurately fill out and sign the required forms. Attention to detail is crucial to avoid delays or refusals.​
3. Gather Supporting Documents: Compile essential documents such as proof of the genuine relationship (e.g., marriage certificates, photographs), identity documents, and any additional documents specified in the country-specific requirements.​
4. Pay Application Fees: Fees typically include the sponsorship fee, principal applicant processing fee, and the right of permanent residence fee. Payments are made online, and it’s essential to keep receipts as proof.​
5. Submit the Application: After ensuring all forms are completed and documents are gathered, submit the application online as per the instructions.​
6. Provide Additional Information: During processing, IRCC may request additional information such as medical exams, police certificates, and biometrics. Prompt compliance with these requests is vital to prevent delays.​
7. Await Processing: The standard processing time for spousal sponsorship applications is approximately 12 months. However, this can vary based on individual circumstances and application completeness. ​

Given the intricacies and potential challenges of this process, seeking professional assistance can be invaluable. At Akrami & Associates Immigration Law Firm, we can provide personalized guidance, ensure that all documentation is accurately prepared, and address any unforeseen issues that may arise, thereby enhancing the likelihood of a successful application. ​

For tailored assistance and to navigate the spousal sponsorship process with confidence, consider reaching out to our firm. Our expertise in Canadian immigration law ensures that your application is handled with the utmost care and precision.

Maintaining Legal Status During Processing:

If your girlfriend is already in Canada on a visitor visa, she should maintain valid legal status throughout the sponsorship application process. Applying for a visitor record or an extension can help maintain status.​

Extending your stay in Canada as a visitor requires obtaining a visitor record, which authorizes you to remain in the country beyond your initial permitted period. To navigate this process effectively, consider the following steps:​

1. Determine Eligibility: Ensure you hold valid visitor status and apply before your current status expires. It’s advisable to submit your application at least 30 days prior to the expiration date. ​
2. Prepare Necessary Documents: Gather essential documents, including:​
   • Valid Passport: Ensure your passport remains valid for the entire duration of your extended stay.​
   • Proof of Financial Support: Provide bank statements, pay stubs, or any financial documents demonstrating sufficient funds to cover your extended stay in Canada.​
   • Purpose of Extension: Draft a letter explaining the reason for your extension request, such as attending a family event, tourism, or other personal reasons.​
3. Apply Online: Utilize the IRCC online portal to submit your application:​canada.ca
   • Create or Log In to Your Account: Access the IRCC secure account to start your application.​
   • Complete the Application: Fill out the necessary forms, ensuring all information is accurate and complete.​
   • Upload Supporting Documents: Attach all required documents as per the document checklist provided.​
   • Pay the Processing Fee: A non-refundable fee of $100 CAD applies.​
4. Await Processing: After submission, monitor your email and IRCC account for updates. Processing times can vary, so patience is essential.​
5. Maintain Legal Status: If you apply before your current status expires, you may remain in Canada under maintained status (formerly known as implied status) until a decision is made on your application. ​
6. After Approval: If your application is approved, you’ll receive a visitor record specifying your new authorized period of stay.

Open Spousal Work Permit

Embarking on an inland spousal sponsorship application allows your spouse or common-law partner, who resides with you in Canada, to pursue permanent residency. A significant advantage of this pathway is the opportunity for the sponsored individual to obtain an open work permit, enabling them to work for any employer nationwide while their application is under review.

Steps to Apply for an Open Spousal Work Permit:

1. Prepare and Submit the Inland Spousal Sponsorship Application:
   • Compile all necessary documentation to demonstrate the authenticity of your relationship and meet eligibility criteria.​
   • Submit the complete application package to Immigration, Refugees and Citizenship Canada (IRCC).​
2. Apply for the Open Work Permit:
   • Concurrent Submission: You can apply for the open work permit simultaneously with the sponsorship application. Include both applications in the same package to streamline processing.​
   • Subsequent Submission: If you choose to apply for the work permit after submitting the sponsorship application, ensure you have received the Acknowledgment of Receipt (AOR) from IRCC before proceeding.​
3. Online Application Process:
   • Create or log in to your IRCC secure account.​canada.ca
   • Complete the work permit application form, specifying “Open Work Permit” as the type of permit.​
   • Upload all required documents, including proof of your submitted sponsorship application and AOR, if available.​
   • Pay the applicable fees and submit the application.​

Key Considerations:

• Maintaining Legal Status: The sponsored person must hold valid temporary resident status (as a visitor, student, or worker) throughout the process. If their status is nearing expiration, they should apply for an extension to maintain legal residency in Canada.​
• Processing Times: Open work permits for spouses or common-law partners are typically processed within approximately four to five months. However, timelines can vary based on individual circumstances.​
• Employment Flexibility: Once the open work permit is approved, the holder can work for any employer in Canada without restrictions, providing financial stability and integration opportunities during the permanent residency application process.​

Navigating the inland spousal sponsorship and open work permit application can be intricate. Engaging with an experienced immigration professional can offer personalized guidance, ensuring all requirements are met and enhancing the likelihood of a successful outcome.

How we can Help!

Bringing your significant other to Canada requires careful planning, meticulous documentation, and an understanding of immigration processes. Starting with a visitor visa allows you to spend time together in Canada, and as your relationship evolves, transitioning to spousal sponsorship can pave the way for permanent residency. Experiencing life together in Canada can provide valuable insights and strengthen your bond before taking the next step. Adhering to guidelines and providing comprehensive documentation at each stage will enhance the likelihood of a successful outcome.​

​Akrami & Associates is a distinguished Canadian immigration law firm dedicated to guiding individuals and families through the complexities of immigration processes. Our experienced team offers personalized services across various immigration pathways, including permanent residency, temporary residency, and business immigration. We prioritize understanding each client’s unique circumstances to develop effective strategies, ensuring a seamless transition to life in Canada. Our commitment to excellence is reflected in our comprehensive approach, addressing all aspects of the immigration journey to achieve successful outcomes.

For personalized assistance and detailed information, visit TheVisa.ca, your trusted partner in navigating Canadian immigration processes.