Family Class visa vs Tourist visa for Canadian & foreign spouse living in USA?

[hewasnumber1]

Hello all,

Am seeking some advice. I am a Canadian citizen concluding his studies in the US and will soon be working under visa status in the USA (no green card yet, therefore not permanent resident).

My new spouse is south american, and as such requires a visa to visit Canada. When we ran through the list of possible visas she qualified for, we got two: family class visa, and tourist visa.

Now seeing as we will be living in the USA but going home a couple times a year to visit my family, we are wondering what visa would be best for her (passport expires in 4 years, in her country she can only renew every 5). I guess here are my questions:

1. Is the family class visa a visa for spouses MOVING to Canada? Does she need to live in canada to qualify for that visa?
2. Is this family class visa better than a regular multiple-entry tourist visa?
3. We aren't concerned about 6 month limits as we won't ever exceed them but which one of those two visas is better in the long run should we ever return to Canada permanently?

Thanks in advance for any advice!

 

[Eveslm]

Hello all,

Am seeking some advice. I am a Canadian citizen concluding his studies in the US and will soon be working under visa status in the USA (no green card yet, therefore not permanent resident).

My new spouse is south american, and as such requires a visa to visit Canada. When we ran through the list of possible visas she qualified for, we got two: family class visa, and tourist visa.

Now seeing as we will be living in the USA but going home a couple times a year to visit my family, we are wondering what visa would be best for her (passport expires in 4 years, in her country she can only renew every 5). I guess here are my questions:

1. Is the family class visa a visa for spouses MOVING to Canada? Does she need to live in canada to qualify for that visa?
2. Is this family class visa better than a regular multiple-entry tourist visa?
3. We aren't concerned about 6 month limits as we won't ever exceed them but which one of those two visas is better in the long run should we ever return to Canada permanently?

Thanks in advance for any advice!

Family class sponsorship (permanent resident) would normally take 12 months to get processed. In your case, as you live outside Canada it will be an outland application. During the processing time, she will not be able to travel to Canada, and will be required to apply for a TRV (visitor/tourist visa).

I would suggest to apply for the TRV now, which if approved, she will be able to travel to Canada with you and visit your family. After she gets her TRV, you can submit an application to sponsor her as your spouse (outland PR). So during the 12 months wait period (PR application processing) she will still be able to visit Canada with her visitor visa, and when the PR approved, she will have Canadian permanent residence

 

[hewasnumber1]

Ahhh gotcha. That's what we will do then. Since we will both live under US visa status in the us, can I still apply for her Canadian permanent residency if she won't be physically in the country?

Family class sponsorship (permanent resident) would normally take 12 months to get processed. In your case, as you live outside Canada it will be an outland application. During the processing time, she will not be able to travel to Canada, and will be required to apply for a TRV (visitor/tourist visa).

I would suggest to apply for the TRV now, which if approved, she will be able to travel to Canada with you and visit your family. After she gets her TRV, you can submit an application to sponsor her as your spouse (outland PR). So during the 12 months wait period (PR application processing) she will still be able to visit Canada with her visitor visa, and when the PR approved, she will have Canadian permanent residence

 

[Eveslm]

Ahhh gotcha. That's what we will do then. Since we will both live under US visa status in the us, can I still apply for her Canadian permanent residency if she won't be physically in the country?

Yes you can. She does not need to be in Canada for you to sponsor her. In this case you will be applying outland (Out-of-Canada-Class). As you are a Canadian citizen, you do not have to be in Canada either for an outland application. However, you will need to prove that you intend to come back to Canada. If it was Inland (In-canada-class), the both you and your spouse would be required to be in Canada.

Outland applications are normally processed faster than Inland applications. One of the issues with an outland application is that if she will be asked for biometrics or an interview, she will need to travel to her home country (if she will still be in the US).

 

[YVR123]

Hello all,

Am seeking some advice. I am a Canadian citizen concluding his studies in the US and will soon be working under visa status in the USA (no green card yet, therefore not permanent resident).

My new spouse is south american, and as such requires a visa to visit Canada. When we ran through the list of possible visas she qualified for, we got two: family class visa, and tourist visa.

Now seeing as we will be living in the USA but going home a couple times a year to visit my family, we are wondering what visa would be best for her (passport expires in 4 years, in her country she can only renew every 5). I guess here are my questions:

1. Is the family class visa a visa for spouses MOVING to Canada? Does she need to live in canada to qualify for that visa?
2. Is this family class visa better than a regular multiple-entry tourist visa?
3. We aren't concerned about 6 month limits as we won't ever exceed them but which one of those two visas is better in the long run should we ever return to Canada permanently?

Thanks in advance for any advice!

1. family class visa is for you to sponsor your wife/common-law spouse to move to Canada once the visa is approved. It's for her to get permanent resident status. If you two will only visit Canada in the next few years, find out if her country is visitor visa exempt. If so, she only needs eTA. If she isn't, then apply for TRV. Every visit, she can stay up to 6 months unless CBSA stamp on her passport for a shorter stay.

2. One is not better than the other. Each visa is for different purpose.

3. You should only apply to sponsor her for PR when you are ready to move back to Canada. Part of an outland sponsorship requires proof that you (as a sponsor) have planned to move back. (intend)

 

[canuck_in_uk]

Hello all,

Am seeking some advice. I am a Canadian citizen concluding his studies in the US and will soon be working under visa status in the USA (no green card yet, therefore not permanent resident).

My new spouse is south american, and as such requires a visa to visit Canada. When we ran through the list of possible visas she qualified for, we got two: family class visa, and tourist visa.

Now seeing as we will be living in the USA but going home a couple times a year to visit my family, we are wondering what visa would be best for her (passport expires in 4 years, in her country she can only renew every 5). I guess here are my questions:

1. Is the family class visa a visa for spouses MOVING to Canada? Does she need to live in canada to qualify for that visa?
2. Is this family class visa better than a regular multiple-entry tourist visa?
3. We aren't concerned about 6 month limits as we won't ever exceed them but which one of those two visas is better in the long run should we ever return to Canada permanently?

Thanks in advance for any advice!

Apply for the TRV.

What you refer to as "family class visa" is sponsoring your spouse for PR. There is zero point in applying to sponsor her when you plan to live in the US, as the app would be refused without proof of intent from you to move to Canada. IRCC doesn't want people using PR as a glorified TRV. If and when you decide to move to Canada, you can apply to sponsor her.