You are apart. The application is filed and being processed. You want to see your spouse, and you want to know whether they can come to Canada for a visit while you wait for the permanent residence decision. The answer is often yes, but the approach matters.
Getting this step wrong, either by handling the visitor visa application poorly or by allowing a visit that becomes an overstay, can create complications for the main sponsorship application. Getting it right means you get the visit and protect the file.
Is It Possible to Obtain a Visitor Visa While a PR Application Is Pending?
Yes. There is no rule that prevents a sponsored person from applying for and obtaining a Canadian visitor visa while a spousal sponsorship application is being processed. Canadian immigration law explicitly contemplates this scenario through a principle called dual intent.
Dual intent recognises that a person can simultaneously hold a temporary intention, to visit Canada for a defined period, and a longer-term intention, to become a permanent resident through the pending sponsorship application. These two intentions are not contradictory in Canadian law.
The relevant provision in the Immigration and Refugee Protection Act provides that an officer shall not refuse a temporary residence application solely on the basis that the applicant has applied or intends to apply for permanent residence. The active sponsorship application cannot, on its own, be the reason a visitor visa is refused.
How to Approach the Visitor Visa Application
Acknowledging the pending sponsorship application in the visitor visa submission is generally the right approach. Attempting to conceal it creates a consistency problem if the officer is aware of the pending file, and it removes the protection of the dual intent framework.
The visitor visa application should make clear:
- That a spousal sponsorship application is currently pending
- The purpose of the visit, including the duration and specific plans
- The sponsored person’s ties to their home country, such as employment, property, family obligations, that demonstrate an intention to return at the end of the visit
- Financial capacity to support the visit without working illegally in Canada
The officer assessing the visitor visa will be weighing the temporary intent to visit against any concern that the sponsored person plans to remain in Canada beyond the authorised period. Strong home country ties are the primary tool for addressing that concern.
Which Sponsored Persons Face Higher Refusal Risk?
Not all sponsored persons face the same visitor visa landscape. Those from countries with high Canadian visitor visa refusal rates face structural challenges that are not specific to the sponsorship context. A sponsored person from a country where the majority of visitor visa applications are refused is working against a higher baseline, regardless of the strength of their individual application.
Countries where this is a significant concern include, but are not limited to, India, Nigeria, Pakistan, Ghana, and several others. A sponsored person from these countries applying for a Canadian visitor visa during sponsorship processing should expect a more demanding assessment and should prepare a stronger application as a result.
Blog 17B specifically addresses the situation where a visitor visa is refused during sponsorship processing, including what to do next.
What If the Sponsored Person Is Visa-Exempt?
Citizens of visa-exempt countries do not need to apply for a visitor visa to enter Canada by air, though they typically need an Electronic Travel Authorisation. The dual intent consideration still applies to their admissibility at the border, but the process of applying for a separate visitor visa is not required.
A visa-exempt person entering Canada during sponsorship processing should be prepared to explain the pending application to a border officer if asked. Having documentation of the pending sponsorship, the expected timeline, and the specific plans for the visit available at the border is a reasonable precaution.
How Long Can the Sponsored Person Stay in Canada on a Visit?
A visitor to Canada is typically authorised to stay for up to six months from the date of entry, unless the border officer specifies a shorter period on the visitor record. The sponsored person must leave Canada before their authorised stay expires.
If the sponsored person wants to extend their stay, they can apply for a visitor record extension from within Canada. This application must be submitted before the current authorised stay expires. Overstaying the authorised period, even by a small amount, creates a record that can affect both the sponsorship application and future applications for any status in Canada.
What Should the Sponsored Person Avoid During a Visit?
During a visit to Canada on a visitor visa or electronic travel authorisation:
- The sponsored person must not work. Working without authorisation is a serious violation that can result in removal and future inadmissibility.
- The sponsored person must not remain beyond the authorised stay without obtaining an extension
- The sponsored person should not change their immigration intention by attempting to switch to the inland stream without proper guidance, as this has consequences for the outland application already in progress
- The sponsored person should maintain their home country ties actively during the visit, not cancel leases, close accounts, or otherwise sever connections that demonstrated their intention to return
FAQ
If my spouse visits Canada and the sponsorship is approved while they are here, can they just stay?
This is a common question and the answer requires care. An outland sponsorship application is processed through an overseas visa office and results in a Confirmation of Permanent Residence that the sponsored person uses to land as a permanent resident. If the approval comes while the sponsored person is in Canada on a visitor visa, there is typically a process for them to land as a permanent resident from within Canada, but this is not automatic and the specific steps depend on the type of approval issued. Get guidance on the landing process before the sponsored person’s visit begins, so you know what to do if the approval arrives during that period.
Can the visit itself be used as relationship evidence for the application?
Yes, and this is one of the practical benefits of a visit during processing. Flight records, hotel or accommodation documentation, photographs taken during the visit, and records of activities together during the stay all constitute relationship evidence. A visit that is well-documented adds to the evidence file in a meaningful way. Live your relationship during the visit and keep the records.
My spouse was refused a visitor visa last year. Does that affect their chances now that the sponsorship is pending?
A prior visitor visa refusal is on record and will be visible to the officer assessing a new application. The prior refusal needs to be declared and addressed. If the circumstances that led to the original refusal have changed, for example the sponsored person now has stronger home country ties or additional documentation, those changes should be highlighted in the new application. The prior refusal does not make a new application automatically unsuccessful, but it does raise the bar for what the new application needs to demonstrate.
