Temporary Residence While Waiting for Spousal Sponsorship Approval

Navigating the intricacies of spousal sponsorship can be a daunting task, especially when dealing with the waiting period for application approval. Many couples often wonder if they can stay together in Canada while the application is in progress. As a leading Toronto Spousal Sponsorship Lawyer firm, Falcon Law PC delves into the possibilities of obtaining temporary residence during this waiting period, ensuring couples can make informed decisions.

Can You Stay in Canada While Awaiting Spousal Sponsorship Approval?

In simple terms, yes, it is possible. While your spousal sponsorship is being processed, the sponsored person can apply for temporary residence in Canada. This could be in the form of a visitor visa, study permit, or work permit.

Understanding the Options:

  1. Visitor Visa: The sponsored person can apply for a visitor visa to stay in Canada. However, they must prove to the immigration officer that they intend to leave Canada once their visa expires.
  2. Study Permit: If the sponsored individual gets an admission offer from a Canadian educational institution, they can apply for a study permit. This not only allows them to stay in Canada but also to acquire valuable education.
  3. Work Permit: Under the public policy on Pilot Project for Spouses in Canada, the sponsored person might be eligible for an open work permit while waiting for the sponsorship application decision. This lets them work for any employer in Canada.

Key Points from a Toronto Spousal Sponsorship Lawyer:

  1. Dual Intent: Canada recognizes ‘dual intent’. This means a person can have a short-term intention to stay temporarily (like a visitor) and a long-term intention to stay permanently (like through spousal sponsorship).
  2. Be Honest: Always be transparent about your intentions. If you’re asked, reveal that you have a pending spousal sponsorship application. Concealing facts can have negative consequences.
  3. Continuous Status: It’s essential to maintain a valid status in Canada. If you’re on a visitor visa and nearing its expiry, consider applying for an extension or changing your status, e.g., to a student or worker.
  4. Seek Expert Advice: The landscape of immigration is complex and ever-evolving. A Toronto Spousal Sponsorship Lawyer can provide up-to-date advice tailored to your situation.

In Conclusion:

While the journey of spousal sponsorship is dotted with anticipation and uncertainties, the option of staying in Canada temporarily can offer solace to many couples. However, it’s crucial to tread this path with the right knowledge and precautions.

If you’re navigating the nuances of temporary residence while awaiting spousal sponsorship approval and need expert guidance, Falcon Law PC is here to assist. Dial 1-877-892-7778 or email us at info@falconlawyers.ca. Our dedicated team of Toronto Spousal Sponsorship Lawyers is ready to ensure your journey is smooth, informed, and free from potential pitfalls.

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