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Apply for Visitor or Spouse Visa for Spouse Outside Canada

Spouse visa vs Visitor visa

When planning your move to Canada, deciding the right visa type is crucial. In today’s blog, I’m going to address two key questions that often arise in immigration discussions:

  1. Should you apply for a visitor visa to Canada if you’re eligible for a spouse open work permit (SOWP)?

     

  2. Should you submit separate visa applications for your spouse’s open work permit and your children, or should you apply together?
    Apply for Visitor or Spouse Visa for Spouse Outside Canada

Recently, I had a conversation with a client who had received a refusal for their spouse’s open work permit application. After consulting with another immigration advisor, they returned to me to discuss the entire situation again. Here’s the background:

We had applied for a spouse open work permit and included the children in the same application. The primary applicant, the student, was already studying in Canada, pursuing a master’s degree. As per the eligibility criteria, the spouse was perfectly eligible to apply for an open work permit. This was a straightforward case, there was no issue with the eligibility of the spouse. However, the spouse’s application for an open work permit was refused.

So, what should be done next? Does a refusal of the spouse’s open work permit mean you should apply for a visitor visa instead? Should you submit separate applications for the spouse’s open work permit and the children’s visas? Let’s dive into the possible solutions.

1. If the Spouse’s Open Work Permit Get Refused

Whenever you receive a refusal, it’s important to analyze the reasons behind it. In this case, despite meeting the eligibility requirements, the refusal was issued. This could be due to various reasons, such as insufficient proof of ties to the home country, doubts about the applicant’s intentions in Canada, or incomplete documentation. It’s crucial to review the reasons provided by the visa officer to understand what went wrong.

One consultant suggested applying for a visitor visa first, then applying for the spouse open work permit from inside Canada. This is a common alternative solution when a work permit application is refused, but is it the right move?

Here’s the thing: A visitor visa is generally issued to those who plan to visit Canada temporarily. Applying for a visitor visa with the intent to work in Canada could be seen as misrepresentation if not handled carefully. If your spouse is already eligible for an open work permit, applying for a visitor visa first could complicate the situation. It’s important to consult with an experienced immigration advisor to understand the potential risks of this strategy.

Another recommendation made was to apply separately for the spouse’s open work permit and the children’s visas, rather than submitting everything together. While this might seem like a way to simplify the process, it can often lead to confusion and delays. It’s usually better to apply for the entire family at once, this ensures that the applications are considered as a package, which can strengthen the overall case.

By separating the applications, you could create unnecessary complexity, and your family members might end up in different stages of the visa process. This could delay reunification and potentially lead to further complications.

2. You Should Apply for Your Entire Family Together for a Canada Study Visa and Spouse Open Work Permit

At Globexa Immigration, we always encourage families to apply together for Canadian visas, especially when it comes to the Canada study visa and spouse open work permit. I strongly believe in applying for the entire family together—don’t separate the applications. Whether the result is a visa approval or refusal, whether everyone gets approved or one family member gets refused, the key message is to apply as a family.

I say this not just from theory or superficial knowledge; I’ve lived through it myself. I’ve experienced the pain of being separated from my family while living in Canada, and I understand firsthand how difficult it can be. Unfortunately, last year, many families were separated due to changes in immigration policies—particularly the rule change that stopped spouses of students with PG diplomas from being eligible for an open work permit. The pain and challenges these families faced are real, and I empathize deeply with them.

But here’s why I promote applying for the entire family together—especially from outside Canada, despite the uncertainty or risk involved: separation should never be the goal.

3. Why Apply Together?

When families apply together, they have a better chance of staying united. While applying separately for a study visa and spouse open work permit might slightly increase the chances of approval for each individual, it risks creating a situation where family members are left behind or separated due to unexpected rule changes or delays.

Think about it: If you apply for your Canada study visa separately and then try to apply for your spouse’s open work permit later, there’s a real possibility of encountering an unforeseen rule change. Let’s say you get your Canada study visa approved for the May intake, and you arrive in Canada. Now, when you try to apply for your spouse’s open work permit, a new policy could be introduced that restricts open work permits for spouses, even for students with a two-year master’s degree.

In this scenario, what would you do for the next two years? Your spouse won’t be able to join you, and your children could be left behind. Imagine living in Canada, continuing your studies, while your family stays in your home country. That’s a painful and unnecessary situation to be in.

4. Avoid The Risk of Separation

At Globexa Immigration, we always encourage families to apply together for Canadian visas. In an ideal scenario, either the entire family should receive their visas, or none should, especially if the spouse or dependents are being left behind. If no one is getting a visa as dependents, my advice is simple: stay in your home country and apply for the entire family together. This approach minimizes the risk of separation and ensures that everyone travels to Canada together.

If your family members—spouse and kids—are left behind in your home country, it could lead to long-term separation. This can last for the entire duration of your studies or even your work permit. Imagine being in Canada while your spouse and children remain in your home country. It’s a difficult and painful situation, and it can persist for years, especially if future immigration rules change and make it more difficult to reunite families.

For example, a potential future rule could prevent spouses on PG work permits from joining their partners in Canada. If that happens, you may be separated from your family for the duration of your study or work permit, which could be four or five years. This is not an ideal or pleasant situation for anyone.

5. Apply Together, Stay Together

This is why I always recommend applying for the entire family together. If you’re applying for a Canada study visa, do so with your spouse included. Applying together may seem risky, but it’s far better than the uncertainty and pain of separation. Even if your initial applications are refused, don’t lose hope—reapply with the entire family. At Globexa Immigration, we’ve successfully helped many families secure visas, and applying together is often the best approach.

6. Avoid Visitor Visa Applications for Spouses

If the student is already in Canada and the spouse is eligible for a spouse open work permit (SOWP), I strongly advise against applying for a visitor visa, especially after a refusal. Applying for a visitor visa in such a case is not recommended, as the refusal rate for visitor visas is extremely high, particularly for spouses.

In fact, many spouses who apply for visitor visas rather than SOWP end up with refusals. The refusal rate for visitor visas is currently over 90%. This is because a visitor visa is simply a request for permission to enter Canada—it can easily be denied. On the other hand, a spouse open work permit is a right for family reunification. If you meet the eligibility criteria, such as having sufficient funds and the intention to return to your home country after your stay, the chances of approval are much higher.

If you’re eligible for a spouse open work permit, this should be your priority. There are two types of applications you can make: a visitor visa or a spouse open work permit. For spouses, the open work permit is the better option, it has a much higher acceptance rate compared to a visitor visa.

A visitor visa is a temporary solution, and even if it is approved, it does not guarantee that you can work in Canada. Conversely, a spouse open work permit allows you to live and work in Canada legally while your partner studies or works. If you’re meeting all the eligibility requirements, even if your first application is refused, there’s a good chance your second attempt will be approved.

7. When Is a Visitor Visa Appropriate?

If the student is already in Canada and the spouse is eligible for a spouse open work permit (SOWP), I strongly advise against applying for a visitor visa, especially after a refusal. Applying for a visitor visa in such a case is not recommended, as the refusal rate for visitor visas is extremely high, particularly for spouses.

In fact, many spouses who apply for visitor visas rather than SOWP end up with refusals. The refusal rate for visitor visas is currently over 90%. This is because a visitor visa is simply a request for permission to enter Canada—it can easily be denied. On the other hand, a spouse open work permit is a right for family reunification. If you meet the eligibility criteria, such as having sufficient funds and the intention to return to your home country after your stay, the chances of approval are much higher.

If you’re eligible for a spouse open work permit, this should be your priority. There are two types of applications you can make: a visitor visa or a spouse open work permit. For spouses, the open work permit is the better option, it has a much higher acceptance rate compared to a visitor visa.

A visitor visa is a temporary solution, and even if it is approved, it does not guarantee that you can work in Canada. Conversely, a spouse open work permit allows you to live and work in Canada legally while your partner studies or works. If you’re meeting all the eligibility requirements, even if your first application is refused, there’s a good chance your second attempt will be approved.

8. Should You Apply Separately for Spouse Open Work Permit and Kids’ Visas?

When applying for a spouse open work permit and your children’s visas, always apply together—do not separate these applications. For the children, their visa can either be a visitor visa or study visa. However, do not apply for your kids’ visa separately from your spouse open work permit.

When you apply for the entire family together, including the spouse’s open work permit and children’s visas, the process becomes much smoother. You simply need to show that you have enough funds for your children, which you would have to do even if you applied separately for their visas. Applying together makes things easier and reduces complications.

8.1 Why Applying for Kids’ Visas Separately Can Be Problematic

If you apply for your children’s visas separately from the spouse’s open work permit, their application becomes an individual case, processed by a separate visa officer. The risk here is that if the spouse’s visa is approved, the children’s visa could be delayed or refused due to confusion over their status as dependents.

For example, if you’re applying for a study visa for a 7-year-old, it could be treated like a regular study visa application, not as a dependent’s visa. The visa officer may overlook the fact that the child is applying as a dependent of the primary applicant (your spouse) and not as an independent student. In such a case, the child’s application could be refused because they wouldn’t have a letter of acceptance from a school or university, nor would they have an IELTS or PTE score. This would create a complex and unnecessary situation

8.2 The Best Approach: Apply for the Entire Family Together

For the smoothest process, always apply for the spouse open work permit and children’s visas together. If the child is older than five, apply for a study visa. If the child is four or younger, a visitor visa would be the best option.

Including all dependents in the same application is the ideal approach for a seamless process. It reduces confusion and ensures that the children’s applications are processed along with the spouse’s visa, minimizing the risk of refusals. If you have sufficient funds to show for your children, it will make the process much more straightforward when applying for the entire family together.

9. What Happens When You Separate the Applications?

Let’s take a real-life scenario to illustrate why separating applications is not the best approach, especially when dealing with dependents and multiple visa applications.

Let’s say you decide to separate the applications: your spouse gets a spouse open work permit, one child receives a visitor visa, and another child’s study visa is refused. Now, would you leave the child who was refused behind in India or your home country while the rest of the family travels to Canada? The answer is no. You should never travel to Canada unless all dependents receive their visas.

This scenario highlights the risk of separating applications: If one family member is refused, it creates a significant challenge. The ideal solution is to apply for the entire family together. This way, everyone gets the same result—either all approvals or all refusals. And if you have the necessary funds, your children’s visa applications will not be a burden on the spouse’s open work permit application.

10. My Experience: Applying for the Entire Family Together

I’ve worked on countless applications for Canada study visas, spouse open work permits, and children’s visas. Over the years, I’ve personally handled more than 1,000 spouse visa applications. Many of my clients—both new and seasoned—prefer to apply as a family because they understand the importance of keeping the family united.

In my own experience, I’ve applied for Canada study visas for the entire family together, including my spouse and children. During my journey, I went for a PhD and initially intended to apply for the entire family’s visa together. Although we faced some setbacks, like having to submit reconsideration requests after a refusal, I never separated our applications. Eventually, after the reconsideration process and some back-and-forth communication with immigration officials, my family’s visas were processed and approved. This is a clear example of the benefits of applying together as a family.

Even though the process was delayed due to unforeseen circumstances like COVID-19, the key takeaway is that applying together gave us the best chance of success. I’ve used this approach not only for my own application but also for hundreds of clients. I’ve handled numerous successful applications where I submitted the entire family’s visas together, including study visas, spouse open work permits, and children’s visas.

11. The Benefits of Applying Together

Based on my experience, there’s no need to separate the applications for your spouse and children. When you apply together, the process is simpler and more streamlined. In situations where applications are separated, the risk of delays or refusals for dependents increases. For example, if you apply separately for your child’s study visa, the application may be processed by a different officer and could be refused due to missing documentation or confusion over the child’s status as a dependent.

By applying together as a family, you eliminate this risk and improve your chances of success. Even if one of your dependents initially receives a refusal, applying together allows you to handle the situation as a family, reapplying as needed.

In fact, when my family’s applications were delayed due to COVID-19, I applied for my wife and daughters’ visas together, and they all received their visas successfully. This experience reaffirmed that when you apply for your family as a unit, the process is smoother and the chances of approval are higher.

12. Stay Focused, Avoid Fancy Alternatives

When applying for your Canadian visa, don’t get swayed by fancy or unconventional strategies. Just because someone suggests trying something different, like applying for a visitor visa instead of the appropriate one, doesn’t mean it’s the right choice for you. If you receive a refusal, that doesn’t automatically mean you made a mistake in your application.

In fact, refusals happen for various reasons, and it often has nothing to do with your application itself. Sometimes, the reason for a refusal could be related to immigration targets or the embassy’s focus on specific regions. It’s possible that the refusal was just bad luck, your application happened to fall into a category that was being scrutinized more heavily.

13. Don’t Let a Refusal Discourage You

Getting a refusal doesn’t mean you need to change your entire application strategy. I’ve seen hundreds of cases where clients received refusals, but when we submitted the same documents, Statement of Purpose (SOP), and supporting documents—sometimes with just a small justification or clarification, they got approved. This is not an unusual scenario, and it’s something we’ve experienced many times.

There are also CAIPS notes (Client Application Information Summary) available, which provide insight into why an application was refused. In many cases, we’ve seen that no substantial issue was found with the application, and with minor adjustments, we were able to secure the visa.

14. Stick to the Plan—Reapply If You’re Confident in Your Eligibility

Stick to the Plan—Reapply If You’re Confident in Your Eligibility

 

If you’ve reviewed your application and are confident that everything is in order—your eligibility is clear, your funds are sufficient, your marriage is legitimate, your documentation is complete, and your SOP is solid—there’s no reason to give up or change your approach. In such cases, reapply. Don’t switch to applying for a visitor visa just because you received a refusal.

And most importantly, do not apply for your spouse and children’s visas separately. Apply for the entire family together, keeping all your applications aligned. This increases the chances of all family members receiving approval.

The key takeaway is this: stick with your original plan if you’ve done everything right. Reapply with the same documentation and SOP, make minor improvements if needed, and keep your family’s applications together. This approach has worked for countless clients, and it’s the best way to ensure your family stays united throughout the process.

Thank you for reading this blog until the end! Stay tuned for our next post. If you need help with your Canadian immigration process, contact Globexa Immigration today. We’re here to guide you every step of the way.

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