For couples separated by international borders, the wait to reunite can be emotionally challenging. Canadian immigration policies, while comprehensive, often come with long processing times, particularly for overseas Spousal Sponsorship/Family Class applications. To address this, on May 26, 2023, Immigration, Refugees, and Citizenship Canada (IRCC) launched key enhancements to the Spousal Temporary Resident Visa (TRV) program. These changes aim to reduce wait times, prioritize reunification, and enable spouses to actively contribute to Canada while awaiting permanent residency.

This blog provides an in-depth look at the new Spousal TRV category, its benefits, processes, and how Fateh Law Corporation successfully handled a real-life case that led to family reunification and eventual permanent residency.

What Is a Spousal TRV?

A Temporary Resident Visa (TRV) allows foreign nationals to enter Canada for a temporary period, typically as a visitor, student, or worker. The Spousal TRV is a special category designed specifically for spouses of Canadian citizens and permanent residents who are waiting for their Family Class Sponsorship application to be processed.

Key Changes to the Spousal TRV Program (May 26, 2023)

Recognizing the need for quicker reunification and better support for families, IRCC announced the following enhancements:

1. Faster Processing Times

Spousal TRV applications now benefit from accelerated processing, with IRCC promising a turnaround time of 30 days. This allows families to reunite without unnecessary delays.

2. Dedicated Processing Tools

New and advanced tools ensure that spousal applications are prioritized and assessed efficiently. By streamlining these processes, IRCC can focus on the specific needs of applicants in family reunification categories.

3. Open Work Permit for Spouses and Family Class Applicants

To further empower spouses in Canada, IRCC introduced a new policy allowing eligible applicants to apply for an Open Work Permit. This enables them to work and support their families while their permanent residency application is under review.

Why Apply for a Spousal TRV?

The Spousal TRV program is a game-changer for couples separated by borders. Here’s how it can make a difference:

1. Family Reunification

Reuniting with your spouse in Canada while waiting for your permanent residency application to be processed ensures emotional and physical well-being for both partners.

2. Work Opportunities

With the new Open Work Permit policy, spouses can actively contribute to the Canadian economy while awaiting their PR decision.

3. Faster Processing with High Approval Rates

IRCC promises a 93% approval rate for Spousal TRVs, provided the application meets eligibility requirements and is complete.

4. Build a Life in Canada

Living in Canada during the application process allows applicants to acclimate to the environment, integrate into communities, and prepare for a seamless transition to permanent residency.

Eligibility for a Spousal TRV

To apply for a Spousal TRV, you must:

  • Be the spouse of a Canadian citizen or permanent resident.
  • Have a pending Family Class Sponsorship application.
  • Demonstrate the intention to leave Canada if the visa expires (while also showing your strong ties to your spouse in Canada).
  • Provide supporting documents, including proof of the spousal relationship and the sponsorship application.

How to Apply for a Spousal TRV

Applying for a Spousal TRV involves several steps:

1. Gather Necessary Documents

  • Proof of spousal relationship (e.g., marriage certificate, photos, communication records).
  • Acknowledgment of receipt of your Sponsorship application.
  • Financial support proof from the Canadian spouse, if applicable.

2. Submit Your Application Online

Complete the application through the IRCC portal, ensuring all documents are uploaded and fees are paid.

3. Wait for Processing

With IRCC’s new commitment to a 30-day processing time, you should receive a decision within this timeframe.

Challenges with Spousal TRVs: A Real-Life Case

Despite IRCC’s high approval rates, some applications face challenges. At Fateh Law Corporation, we recently helped a client overcome a refusal and achieve success.

The Challenge

Our client, whose Spousal TRV application was refused on February 27, 2024, faced separation from their spouse in Canada. The refusal cited insufficient documentation, even though the client met all eligibility requirements.

Our Approach

1. Federal Court Challenge:

We filed for judicial review in March 2024, challenging the refusal based on procedural fairness and an improper assessment of the client’s case.

2. Arguments in Court:

In April 2024, we presented evidence demonstrating the validity of the spousal relationship and the need for reunification.

3. Settlement Offer:

On May 1, 2024, the Department of Justice proposed a settlement, allowing the client to provide additional documents for reconsideration.

4. Approval Achieved:

Following the submission of documents, the TRV was approved on June 10, 2024, reuniting our client with their spouse in Canada.

Life After a Spousal TRV Approval

Once approved, our client:

1. Moved to Canada:

They joined their spouse and began building their life together.

2. Applied for an Open Work Permit:

Taking advantage of the new IRCC policy, they secured an Open Work Permit and began working in Canada.

3. Permanent Residency Approval:

On November 22, 2024, their Spousal Sponsorship application was approved, paving the way for permanent residency.

Why Choose Fateh Law Corporation?

At Fateh Law Corporation, we specialize in immigration and litigation, with over 11 years of experience in handling complex cases. Here’s how we can help:

  • Expert Guidance: We assist with Spousal TRV applications, ensuring every document meets IRCC’s standards.
  • Litigation Support: If your application is refused, we can challenge the decision in Federal Court.
  • Comprehensive Representation: From TRV applications to Family Class Sponsorship approvals, we’re with you every step of the way.

Frequently Asked Questions (FAQs)

1. What happens if my Spousal TRV application is refused?

You can Challenge the decision or file for a judicial review in Federal Court. Our team has extensive experience in overturning refusals and securing approvals.

2. Can I work in Canada with a Spousal TRV?

Yes, you can apply for an Open Work Permit after entering Canada on a Spousal TRV.

3. How long does it take to process a Spousal TRV?

IRCC promises a 30-day processing time for eligible applications.

Take Action Today

Reuniting with your spouse shouldn’t be a distant dream. The Spousal TRV program is your opportunity to bring your family together while building a future in Canada.

📞 Contact Fateh Law Corporation today to begin your application process or challenge a refusal.

🗓️ Book your paid consultation with Mr. Fateh and let our expertise guide you through every step.