Q and A: Applying For Visitor Visa While Sponsorship Is Pending

Question: I have a son who is a citizen of Canada and he is married to a girl from India. He has worked to submit a spousal sponsorship application and the normal time for processing a PR for a spouse from India is roughly 18 months. As the application is processing, is she able to apply for a temporary visitor visa?

Answer: Yes, she is allowed to apply for a visiting/tourist visa during the time that the spousal sponsorship application is being processed. This dual intent actually refers to the simultaneous processing of the application for her permanent residence along with the application to be used for temporary status. This actually demonstrates the intention that she wants to reside in Canada on a permanent basis and on a temporary basis at the same time. This situation is completely acceptable just as long as the person intends to leave Canada once the end of their visit is complete. IRPA, the Canadian Immigration and Refugee Protection Act, precludes the denial of any application to be used for temporary status on the basis that there is some sort of application for permanent residence under the Family Class program, which will include a spousal sponsorship.

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