SPOUSE VISA

[Bhadana007]

I (never married) am planning to get married to my girlfriend (she is getting divorce in February 2025) and we are planning to get married here in march.
Her work permit is expiring in June 2025. i am having my PR since 2022. i am planning to apply for spousal visa. Will there be any issues i could face while applying for her work permit extension or permanent residency?
What kind of question i will get asked because of her status is expiring in near future and i will be sponsoring her for the PR.

 

[YVR123]

Copied from reply to your other post:

You need to read up about spousal sponsorship. (there is no spouse VISA)
After the PR sponsorship application reach AOR, she can apply for open work permit.
But there is not route to "extend" a work permit only because she is married to a PR.
Also you will need the marriage certificate to apply and that takes time.
As mentioned, go to the Family Class Sponsorship section and read up on the discussions.

There is no "spouse visa" and she cannot get work permit extension.

 

[Bhadana007]

Copied from reply to your other post:

You need to read up about spousal sponsorship. (there is no spouse VISA)
After the PR sponsorship application reach AOR, she can apply for open work permit.
But there is not route to "extend" a work permit only because she is married to a PR.
Also you will need the marriage certificate to apply and that takes time.
As mentioned, go to the Family Class Sponsorship section and read up on the discussions.

There is no "spouse visa" and she cannot get work permit extension.

Got it! we will apply the open work permit. but if we start living in Feb 2025, can we apply the open work permit just after that ? how difficult it could be from IRCC ?

 

[Bhadana007]

Got it! we will apply the open work permit. but if we start living in Feb 2025, can we apply the open work permit just after that ? how difficult it could be from IRCC ?

This is my first marriage, and I am sponsoring her as my wife. She has been here for four years. Would the process be smooth, or could we face difficulties?"

 

[armoured]

Got it! we will apply the open work permit. but if we start living in Feb 2025, can we apply the open work permit just after that ? how difficult it could be from IRCC ?

-You need to get married and have the marriage certificate to apply.
-Then you apply and wait.
-30-90 days after that, you should get AOR (acknolwedgement of receipt).
-With that, you apply for Open Work Permit. That may take several months.
-She must maintain status during this, by applying for extension of stay (or apply to switch to visitor status).

So she will likely have to spend some months without work permit. During which she cannot work.

Is this an arranged marriage? Do you have much evidence of your dating and time together before this?

I do not know why you wish to get married in Canada and India. You can, of course. But the main thing will be the Canadian marriage certificate before you can apply.

 

[Bhadana007]

-You need to get married and have the marriage certificate to apply.
-Then you apply and wait.
-30-90 days after that, you should get AOR (acknolwedgement of receipt).
-With that, you apply for Open Work Permit. That may take several months.
-She must maintain status during this, by applying for extension of stay (or apply to switch to visitor status).

So she will likely have to spend some months without work permit. During which she cannot work.

Is this an arranged marriage? Do you have much evidence of your dating and time together before this?

I do not know why you wish to get married in Canada and India. You can, of course. But the main thing will be the Canadian marriage certificate before you can apply.

Is this an arranged marriage? Do you have much evidence of your dating and time together before this? :- We started dating in May 2024, and we have many pictures and text messages together. Would you suggest it’s better to get married in Canada or India? Will there be any issues if she applies for a visitor visa, considering immigration policies are very strict nowadays?

 

[armoured]

Is this an arranged marriage? Do you have much evidence of your dating and time together before this? :- We started dating in May 2024, and we have many pictures and text messages together. Would you suggest it’s better to get married in Canada or India? Will there be any issues if she applies for a visitor visa, considering immigration policies are very strict nowadays?

-I don't think which jurisdiction you get married in makes that much difference, but it might reflect somewhat more your relationship if you get married in Canada. (They may look for a more 'traditional' wedding if you were to marry in India). This is assuming your relationship was not arranged.
-You have a very tight timeline to get all this done: it would be better for her to apply to remain as a visitor after you get the acknowledgement of receipt, which means marriage and marriage certificate before that. (And divorce decree prior to that).
-Note: requirements for a divorced person to get married in Canada can differ by province, and you need to look into that now. I think in Ontario (for example) a foreign divorce decree needs some paperwork to confirm it is valid in Canada (or recognized, or something). This may take time. Do you already know how to do this?

In short, you really need to get your act together and look into these things in more detail. Demonstrating your relationship is going to be hard enough, but you can't even get to that point if you're not prepared to show the necessary in order to get married.

 

[Bhadana007]

-I don't think which jurisdiction you get married in makes that much difference, but it might reflect somewhat more your relationship if you get married in Canada. (They may look for a more 'traditional' wedding if you were to marry in India). This is assuming your relationship was not arranged.
-You have a very tight timeline to get all this done: it would be better for her to apply to remain as a visitor after you get the acknowledgement of receipt, which means marriage and marriage certificate before that. (And divorce decree prior to that).
-Note: requirements for a divorced person to get married in Canada can differ by province, and you need to look into that now. I think in Ontario (for example) a foreign divorce decree needs some paperwork to confirm it is valid in Canada (or recognized, or something). This may take time. Do you already know how to do this?

In short, you really need to get your act together and look into these things in more detail. Demonstrating your relationship is going to be hard enough, but you can't even get to that point if you're not prepared to show the necessary in order to get married.

foreign divorce decree needs some paperwork to confirm it is valid in Canada (or recognized, or something). This may take time. Do you already know how to do this? :I Have no idea about that.
Thank you so much! I’m curious if she will be able to get a visitor visa easily after our marriage. Her work permit expires on June 30, 2025. Could you please advise when we should apply for the visitor visa?

 

[armoured]

foreign divorce decree needs some paperwork to confirm it is valid in Canada (or recognized, or something). This may take time. Do you already know how to do this? :I Have no idea about that.

When I say "get your act together", that includes figuring out what you need to get married. This can be found on the internet.

https://www.ontario.ca/page/getting-married#section-2

"
If you were divorced outside of Canada
If you were divorced outside of Canada, you will need to provide specific documents to prove that you are no longer married. These documents must be validated by the government and may take up to 4 weeks to process.

You will need to send the following documents to ServiceOntario:

• marriage licence application form: completed and signed
• statement of sole responsibility: for each divorce (signed by both people who are planning to get married and a witness)
• legal opinion letter: from an Ontario lawyer, addressed to both people who plan to get married, giving reasons why the divorce or annulment should be recognized in Ontario"

Etc.

Note the legal opinion letter, while not necessarily difficult, does mean dealing with a lawyer who can give a legal opinion on the Indian divorce docs. This is not complicated necessarily but will cost money, because legal opinions also mean they take on some liability. You should focus on a lawyer who has this specific experience: foreign divorce opinion letters in Canada and Indian divorces (important because they will know what are typical essential docs) - personally I would guess the first is more important.

Thank you so much! I’m curious if she will be able to get a visitor visa easily after our marriage. Her work permit expires on June 30, 2025. Could you please advise when we should apply for the visitor visa?

https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=943&top=25

 

[Bhadana007]

When I say "get your act together", that includes figuring out what you need to get married. This can be found on the internet.

https://www.ontario.ca/page/getting-married#section-2

"
If you were divorced outside of Canada
If you were divorced outside of Canada, you will need to provide specific documents to prove that you are no longer married. These documents must be validated by the government and may take up to 4 weeks to process.

You will need to send the following documents to ServiceOntario:

• marriage licence application form: completed and signed
• statement of sole responsibility: for each divorce (signed by both people who are planning to get married and a witness)
• legal opinion letter: from an Ontario lawyer, addressed to both people who plan to get married, giving reasons why the divorce or annulment should be recognized in Ontario"

Etc.

Note the legal opinion letter, while not necessarily difficult, does mean dealing with a lawyer who can give a legal opinion on the Indian divorce docs. This is not complicated necessarily but will cost money, because legal opinions also mean they take on some liability. You should focus on a lawyer who has this specific experience: foreign divorce opinion letters in Canada and Indian divorces (important because they will know what are typical essential docs) - personally I would guess the first is more important.



https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=943&top=25

marriage licence application form: is the marriage certificate of previous marriage ?

• statement of sole responsibility: for each divorce (signed by both people who are planning to get married and a witness) : I didn’t understand this. Where should I get it? Does it need to be signed by both me and my wife?
• legal opinion letter ... is this compulsory ?

 

[armoured]

marriage licence application form: is the marriage certificate of previous marriage ?

• statement of sole responsibility: for each divorce (signed by both people who are planning to get married and a witness) : I didn’t understand this. Where should I get it? Does it need to be signed by both me and my wife?
• legal opinion letter ... is this compulsory ?

To get married in Ontario, you need a marriage licence. Then you get married, with a person authorzed to carry out marriages. Then after that you get a marriage certificate.

This is all on the page I linked to called "getting married?"

"Is it compulsory?"

Read the page: "These documents must be validated by the government and may take up to 4 weeks to process.

You will need to send the following documents to ServiceOntario".

READ THE INSTRUCTIONS.

 

[Bhadana007]

To get married in Ontario, you need a marriage licence. Then you get married, with a person authorzed to carry out marriages. Then after that you get a marriage certificate.

This is all on the page I linked to called "getting married?"

"Is it compulsory?"

Read the page: "These documents must be validated by the government and may take up to 4 weeks to process.

You will need to send the following documents to ServiceOntario".

READ THE INSTRUCTIONS.

thank you so much

 

[lovindahubby]

To get married in Ontario, you need a marriage licence. Then you get married, with a person authorzed to carry out marriages. Then after that you get a marriage certificate.

This is all on the page I linked to called "getting married?"

"Is it compulsory?"

Read the page: "These documents must be validated by the government and may take up to 4 weeks to process.

You will need to send the following documents to ServiceOntario".

READ THE INSTRUCTIONS.

and after you have to wait 8 weeks for the certificate lol omg I hated that .. smh so long unless you can send something to get it quicker

 

[armoured]

and after you have to wait 8 weeks for the certificate lol omg I hated that .. smh so long unless you can send something to get it quicker

Yes, overall @Bhadana007 has a timeline which is quite challenging. Worth noting that given these factors, it MIGHT be better to get married in India, I just don't know how long the stages and getting docs are there. Getting married in Canada has certain advantages but for those on a tight timeline, it may not be the case (depends on other country and administration there).

 

[lovindahubby]

Yes, overall @Bhadana007 has a timeline which is quite challenging. Worth noting that given these factors, it MIGHT be better to get married in India, I just don't know how long the stages and getting docs are there. Getting married in Canada has certain advantages but for those on a tight timeline, it may not be the case (depends on other country and administration there).

That’s so true