Spouse can stay in Canada during PRV appliation

Canada Immigration Forum (discussion group)

Subject: Spouse can stay in Canada during PRV appliation

"Under the new policy, most spouses and common-law partners can stay in Canada after applying for permanent residence even if they do not have legal status. In order to apply from within Canada, you must be in a genuine relationship with a Canadian citizen or a permanent resident. Your spouse or partner must agree to support you to help you settle in Canada.

Previously, an applicant had to be in Canada legally before applying for permanent residence under the s pouse or common-law partner in Canada class."

I just need some qualificatons on the above statements taken directly from the CIC website. Based on my reading and understanding of it´s correct meaning; I can apply for a PR visa for my spouse from within Canada, while she is here with me without any temp visa \ visitor visa \ tourist visa already approved prior. As long as we can prove we are in a genuine relationship (with proof of course) and I agree to support her and help her intergrate into Canadian society.

What I am confused about is...

Will she be allowed to enter Canada from China and stay with me here, while our PR visa is being processed? Or, this only applies if she is in Canada already and we legally married, then we applied for PR visa and she still can remain here?


(in reply to: Spouse can stay in Canada during PRV appliation)

This law applies for people already in Canada, it doesn´t mean that they can obtain a visa to come to Canada and apply for a PR from within the country.

If she is already in Canada, she may apply for a PR status.

(in reply to: Spouse can stay in Canada during PRV appliation)
Search for Operational memo 018 and all the details are there. The Departmental Policy change occurred on February 18th 2005 and the rules regarding it "Operational Memo 018" were published on September 2005.

Either way the process is better outside of the country for many reasons including appeal provisions.


Spouse Applicant (in reply to: Spouse can stay in Canada during PRV appliation)

My wife is sponsoring me too.

We married in Canada and I was here on a tourist visa.

Just like you we visited the CIC website and read the above statement. When we double checked it with the CIC Call Centre they warned me that any given time I cannot be in Canada for more than 6 months on a tourist visa and also warned me that it would be in my best interest to apply for an extension on my tourist visa because the Immigration department could hold me being in the country without a visa illegal.

So after we got married and after the 6 month maximum period we applied for my tourist visa extension and all we did was include a cover letter stating that we did not want to stay apart from each other and that I would not engage in any form of employment. Along with that I attached a few supporting documents from my parents and sister who would support my stay.

Furthermore, we applied for my sponsorship from India and it is going real fast. We applied in April 2007 and we are submitting my passport next week.

Good luck

PS: Call the CIC Call Centre they are very helpful. Its better to take precaution.

uhid@live.com (in reply to: Spouse can stay in Canada during PRV appliation)
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Muhidin Hadi
SPOUSE for 16 years (in reply to: Spouse can stay in Canada during PRV appliation)
Hello everyone!

I´m sorry to take over this forum, but my case is:

My parents have been legaly married for 16 years they have 3 kids, me included, we are all Canadian citizens, as is my father.
The problem is we have lived outside canada for 16 years, and now want to move to Canada, with our mom!!. She´s a Colombian citizen, she has a master´s degree from West Virginia University USA (I don´t know if that might help)
The thing is we don´t know what to do, we want to move as soon as possible, so we don´t know wether to apply for a tourist visa and then within Canada apply for the PR, or do the whole sponsor process within Canada. Applying from outside Canada seem like a total headache! I´ve heard the process could take 2 years, and I´m a witness of it, because when we made the application for our citizenship certificate it took 25 months thanks to a missing paper. We don´t have another 25 months to wait.

Please help,


(in reply to: Spouse can stay in Canada during PRV appliation)
your father can start sponsorship proceedings from outside Canada as long as he can show his intentions of returning to Canada.

I highly doubt that they will issue a tourist visa. It would be obvious that she has not intentions of leaving at the end of her visit.

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