How to Join Your Spouse in Canada After a Ban
Is reuniting with your Canadian partner your goal following a ban? Be abreast of any changes to visa policies as well as any new information regarding spouse reunions.
Spousal Visa Bans in Canada: Strategies for Reuniting with Your Partner
It could be extremely taxing to try to reconcile with your Canadian partner only to be met with a spouse visa ban. When you’re in that kind of situation, it can be really depressing and scary. Recognizing the challenges and thinking of practical solutions can help make the reunion and residence go more smoothly.
Check Also: Latest Canada Visitor Visa – Processing Time
Benefits of How to Join Your Spouse in Canada After a Ban:
- Route to Family Reunification: Canada places a high value on family reunification, and the immigration system offers families who have been impacted by immigration issues the opportunity to reestablish their relationship and establish a new life together, even if one partner has been momentarily prohibited.
- Possibility of Overcoming Bans: Spouses are permitted to resolve the reasons for the ban through specific pathways, such as the submission of a request for authorization to return to Canada (ARC) or a temporary resident permit (TRP). This may lead to the lifting of restrictions.
- Capacity to Demonstrate Rehabilitation: Canada permits individuals who have been prohibited from entering the country due to criminal inadmissibility or other violations to exhibit rehabilitation after a specified period. This process can result in the spouse being forgiven for past infractions, thereby enabling them to reestablish a relationship with their companion.
- Assistance from Canadian Immigration Policies: Compassionate grounds for cases involving hardship are included in Canada’s immigration system. These grounds may be considered for spouses who are separated as a result of a prohibition. This increases the likelihood of reunification, particularly in cases that are imperative or compassionate.
- Access to Immigration Experts and Legal Counsel: Engaging immigration consultants and legal professionals can assist spouses in navigating Canadian immigration laws, assembling the necessary documentation, and submitting a compelling reentry application.
- Applications on Humanitarian and Compassionate Grounds: Humanitarian and compassionate grounds may be invoked by individuals who are confronted with an entry ban. This alternative is advantageous for spouses who are experiencing extenuating circumstances, such as family hardship or medical requirements, as it facilitates reunification in Canada.
- Sponsorship Eligibility After the Ban Period: In many cases, the spouse may be able to petition for family sponsorship after the ban has expired, which provides a more permanent and stable solution to reunification and may have fewer restrictions on re-entry.
- Reestablishing Trust with Canadian Immigration: To establish a favorable case for reentry, the spouse can demonstrate compliance with Canadian laws. This will be advantageous for future applications and will help to reestablish credibility with Canadian authorities.
- Temporary Resident Permits (TRP) Access: If there is a compelling reason, a TRP may permit a spouse who has been banned from entering Canada to momentarily enter the country. This is frequently advantageous for spouses who are confronted with family emergencies or significant family events, as it offers a transient resolution to physical separation.
- Decreased Stress in Family Life: The emotional and psychological hardship that is associated with protracted separation is alleviated by reuniting with a spouse in Canada, which is advantageous for both partners and any children involved.
Spousal Visa Bans and Challenges
In most cases, immigration violations, dishonesty, or failure to fulfill the requirements lead to the denial of spouse visas. One needs to know the specific circumstances that caused the ban to make an informed decision.
In times like these, reaching out to loved ones or neighbors who have been through it all before can provide invaluable perspective and emotional support. If you want to know what a spousal visa prohibition means and how to find out what legal options are available to you, you should talk to an immigration lawyer or other qualified attorney.
The specialists may assess the situation, find out what options there are for a waiver or appeal, and recommend the best line of action.
Pathways for Reunion
There are still some viable options for getting back in touch with a Canadian spouse, even though visas are no longer an option.
Pursuing higher education
In Canada, enrolling in a graduate certificate or master’s program is a calculated approach. Employment permits and study permits may be obtained upon completion of programs that are internationally recognized by Canadian colleges. This educational endeavor not only enhances capabilities but also facilitates the transition to permanent residency.
Transitioning between programs
Academic programs are advantageous when they are adaptable. Starting with a graduate certificate and subsequently enrolling in a master’s program at the same institution can guarantee educational continuity and maximize career and residence opportunities.
Leveraging Spousal Visa
Spouses of foreign students who are either studying or employed in Canada and possess specialized talents may be eligible for open work permits. This allows them to pursue full-time employment, contribute to household income, and advance toward their long-term residency goals.
Strategic Approaches and Practical Solutions
Utilize calculated strategies and investigate viable alternatives to circumvent the constraints on spouse visas.
Understanding Post-Graduation Work Permits (PGWP) Jobs
Individuals who complete a two-year full-time study program at a Designated Learning Institution (DLL) in Canada are eligible to receive a PGWP. This visa allows graduates to extend their stay and acquire job experience in Canada.
Building a Strong Professional Profile
It is crucial to update resumes, establish connections with industry leaders, and emphasize essential skills in order to secure employment in Canada.
Exploring Provincial Nominee Programs (PNPs)
PNPs offer pathways to permanent residency for individuals who satisfy specific criteria or possess pertinent work experience. In certain provinces, spouses of educated professionals or graduates may apply for nomination to become permanent residents.
Sharing Information and Seeking Support
It can be lonely navigating a spouse visa ban, but knowledge sharing in encouraging groups can empower others going through similar struggles. Interacting with community organizations, internet discussion boards, or immigration consultants gives you access to priceless information and advice.
Conclusion:
Reuniting with a spouse in Canada after a visa prohibition necessitates access to comprehensive information and resources, fortitude, and determination. People can overcome obstacles and aspire for successful reunions and permanent residency in Canada by understanding the implications of spouse visa prohibitions, investigating alternative routes, and employing tactical methods and practical solutions.
The process of reuniting with loved ones in Canada is made more manageable by utilizing community participation, legal counsel, and proactive planning, which facilitate the negotiation of the complexity of immigration.
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Fraquality Asked Question:
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What is the new rule for spouse visas in Canada?
Spouses/partners of students in other undergraduate programs are no longer eligible for a SOWP. IRCC announced (opens in a new tab) the intent to further limit work permit eligibility to spouses/partners of students enrolled in qualifying programs die are at least 16 months in duration.
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Is there a 5-year ban on spousal sponsorship in Canada?
Five-year sponsorship bar for people who were sponsored to come to Canada as a spouse or partner. If a spouse or partner sponsors you, you can’t sponsor a new spouse or partner within five years of becoming a permanent resident. This rule applies even if you became a Canadian citizen within those five years.
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Can my spouse visit me on a tourist visa?
In general, yes, it is possible to visit your spouse in the United States while your marriage-based green card application is pending. Depending on which country you’re from, you would need to apply for a B-2 tourist visa first.