Adding spouse after AOR - applying for spousal open work permit while waiting for PR

[thereorthereabouts]

Hi All,

This forum has been a great resource for me and my fiancee over the last few months - thanks for all the information. We are now facing what we think is fairly common situation and figured we would move from being lurkers on the forum to actively looking for advice by writing this post. I am not sure if this is the right forum to post this so will also cross post in the Canadian Experience Class (CEC) section.

The specific details of the case are:

Me:
I am currently in Canada (Ontario) on a post graduate work permit (PGWP) that is valid till 2020. I am currently working in Toronto on a NOC-A job (at least the job description that matches best with my job is in NOC A) for over a year and I applied for PR on 23 September 2018 under the Canadian Experience Class (CEC). The exact timeline is:

EAOR - 23 September 2018
Medical passed - 24 October 2018
Current status - IP2 (best guess as the status reads - we are processing your background check)

My Fiancee:
Currently in India. Already has a valid temporary resident visa (TRV) for Canada.

My fiancee and I are getting married in December 2018 and we plan to have the following documents in order by that time:

• An updated IMM0008 Generic and updated IMM5406 "Additional Family Information" form for myself
• An updated IMM0008 Generic and updated IMM5406 "Additional Family Information" form for my fiancee
• A copy of my fiancee's birth certificate,
• A copy of our marriage certificate
• A copy of our wedding card and photographs of our wedding
• A compilation of our emails, texts, photographs etc documenting our relationship
• A copy of the my fiancee's valid passport,
• Police certificates for my fiancee
• Upfront medical for my fiancee
• My fiancee's travel history
• A letter of explanation

We intend to add my fiancee to my application after our marriage and travel back to Canada together at the end of the month. We would be grateful for your advice on the following questions:

a) Is there any document missing from the list above that could be requested by the CIC? We just want to make sure that we have all our documents in place before we add my fiancee so that this is a smooth process.

b) Is it possible add all these documents to the webform update we will send to the CIC - thereby eliminating the need for them to ask us for documents and delaying the processing?

c) Given that my fiancee will be travelling with me to Canada (me on a work permit and my fiancee on a TRV) what are the documents that we need to have with us when we go through immigration at the airport? Would a return ticket for my fiancee within her TRV permitted length of stay be all that is needed or does she anything else?

d) We are not from a visa-exempt country (India) but my fiancee does have a valid TRV - can she apply for a spousal open work permit at airport when she enters the country? The PGWP I have is an open work permit

e) If not, can we do flag poling at the Canada / US border for her open work permit?

f) If we do not pursue either of these options, then can my fiancee apply online for the open work permit while in Canada on a TRV? and would that be an inland or outland application for work permit?

g) In each of these cases what documents do we need to apply for spousal open work permit?

From reading the forums, I could see the following list:
-last 3 paystubs for me
-marriage photos
-marriage certificate
-graduation certificates for both of us
-passport copy for both of us
-my work permit
- my employment letter (which notes my role, salary, duration of employment etc but not the NOC category of the job I am working in)
- my fiancee's medical certificate and police clearance

Is there any other document that we need to be providing?

h) While my fiancee is in Canada, is it a good idea or a bad idea for her to have a joint bank account / rental lease with me before she gets her work permit / her PR? Is it legal to have these in place before she gets her work permit / her PR?

Thanks for reading this through to the end. We are hoping to get specific feedback and hopefully have this serve a reference post over at least next year (before some regulations change) so other people can also benefit from it.

 

[Ivric]

Hi,

Have you heard anything on your PR so far ?

I'm from India and I'm in almost similar situation as yours. I work here in Canada on a PGWP. NOC A job. We are married in mid 2018 and we applied for PR EE CEC, my wife as dependent. AOR Sept 30th 2018. Med Passed Oct 30th 2018. IP1 or IP2. (we are processing your background check)
Current status: Eligibility under review | Criminality in progress | Security not started.

My question is, what did you guys end up doing ? Have you applied for Visitor visa/TRV or applied for Spousal open work permit and waiting. ?

So far from my research here I heard that getting a visitor visa for spouse is challenging since she doesn't work back in India nor have any property. so we're thinking to apply for Spousal open work permit, since this PR process is also taking time. Please let us know your thoughts we could help each other.

 

[thereorthereabouts]

Hi,

Good to hear that we have company as we go through this process!

In terms of where we are at:

a) My spouse has a valid TRV to Canada from before we got married so she was able to travel with me.
b) At the airport we obtained a document called a visitor record for her - so now she is able to stay as a visitor for the length of my work permit without leaving.
c) We were unable to flag pole at the airport but were told that if we applied for the work permit for my spouse online then it should be a straight forward case.
d) We are now waiting for the PR process to unfold (a little over a month before our application hits the 6 month mark - had previously added my spouse to my application after we got married) and thinking of applying for an open work permit as well.

Hope this clarifies some points for you. This forum has been very useful for us - glad to be able to pay it forward!

 

[Ivric]

Hi,

Good to hear that we have company as we go through this process!

In terms of where we are at:

a) My spouse has a valid TRV to Canada from before we got married so she was able to travel with me.
b) At the airport we obtained a document called a visitor record for her - so now she is able to stay as a visitor for the length of my work permit without leaving.
c) We were unable to flag pole at the airport but were told that if we applied for the work permit for my spouse online then it should be a straight forward case.
d) We are now waiting for the PR process to unfold (a little over a month before our application hits the 6 month mark - had previously added my spouse to my application after we got married) and thinking of applying for an open work permit as well.

Hope this clarifies some points for you. This forum has been very useful for us - glad to be able to pay it forward!

I'm glad to hear that and you both are together. In our case my wife never travelled outside India. So I guess the only way is to apply for SOWP. Meanwhile the PR process is also taking time. My eligibility is under review, criminality in progress and security not started so not sure when it would finish.

 

[thereorthereabouts]

Yes, would definitely recommend going down the SOWP pathway - think it would be a straightforward case and hopefully relatively fast.The TRV is a much harder path although I have read some success stories there as well.

Yeah the PR process is definitely taking a long time - hope both of us get a positive answer soon. Your reply makes me think I should also get the GCMS notes as well - will post an update once I have more information.

 

[RaghuRam123]

Hi,

Have you heard anything on your PR so far ?

I'm from India and I'm in almost similar situation as yours. I work here in Canada on a PGWP. NOC A job. We are married in mid 2018 and we applied for PR EE CEC, my wife as dependent. AOR Sept 30th 2018. Med Passed Oct 30th 2018. IP1 or IP2. (we are processing your background check)
Current status: Eligibility under review | Criminality in progress | Security not started.

My question is, what did you guys end up doing ? Have you applied for Visitor visa/TRV or applied for Spousal open work permit and waiting. ?

So far from my research here I heard that getting a visitor visa for spouse is challenging since she doesn't work back in India nor have any property. so we're thinking to apply for Spousal open work permit, since this PR process is also taking time. Please let us know your thoughts we could help each other.

Hi Ivric,
i am in same situation as both of you
pls provide answers for below questions.

1. are you planning to wait until PR process for your spouse or you are applying for SOWP/ visitor visa? and pls mention reasons for your option.
2. my wife never travel outside india, i applied for PR under EE CEC. my Open work permit expires on FEB 2020.
is it possible to apply SOWP in my case,
3. if yes, if SOWP application approved, will they give work permit and visa to my spouse in india itself?
4. any negative impact on PR application decision because of SOWP/Visitor vis application.
5. any negative impact on SOWP/Visitor visa because of PR application in progress

ITA: OCT 2018
AOR: NOV 2018
Marriage: DEC 2018
updated CIC through CSE in JAN 2019 (waiting for response from CIC, for updated forms for me and spouse documents)

Thanks In advance

 

[Ivric]

Hi Ivric,
i am in same situation as both of you
pls provide answers for below questions.

1. are you planning to wait until PR process for your spouse or you are applying for SOWP/ visitor visa? and pls mention reasons for your option.
2. my wife never travel outside india, i applied for PR under EE CEC. my Open work permit expires on FEB 2020.
is it possible to apply SOWP in my case,
3. if yes, if SOWP application approved, will they give work permit and visa to my spouse in india itself?
4. any negative impact on PR application decision because of SOWP/Visitor vis application.
5. any negative impact on SOWP/Visitor visa because of PR application in progress

ITA: OCT 2018
AOR: NOV 2018
Marriage: DEC 2018
updated CIC through CSE in JAN 2019 (waiting for response from CIC, for updated forms for me and spouse documents)

Thanks In advance

Hi RaghuRam

1. No I'm planning to apply for SOWP coz I lost faith in IRCC timelines for CEC.
2. Same my open WP also expires Feb 2020, as per my research so far I think it is possible to apply for SOWP in this situation.
3. They may only give a TRV in India, SOWP maybe given on arrival at the airport. - This is what I read somewhere here.
4. I asked this question many times, they said there shouldn't be any impact. - I think as long as the information supplied in the SOWP application is consistent with PR application it should be fine.
5. There is Dual intent - which is nothing wrong, although we need to show strong ties back to India and convince the VO that we would leave Canada should the PR application don't work.

 

[canuck78]

Timeline to get SOWP from India is usually 4-6 months if you can't get a TRV. Would probably be better to wait for PR applications and add your wives if you haven't done it already.

 

[Ivric]

Timeline to get SOWP from India is usually 4-6 months if you can't get a TRV. Would probably be better to wait for PR applications and add your wives if you haven't done it already.

Right looks like either ways it's a waiting game. However Sowp may come handy if more delays happen (touch wood) to the PR process.

 

[thereorthereabouts]

Hi All,

Thanks to everyone for their thoughts - we got our PR landing interview email yesterday and will have our interview in Etobicoke later this month. This forum has been amazing resource for us - providing us with answers to questions that sometimes we were not even aware we should be asking Thanks again - will post an an update after we hopefully get our PR later this month.

@Ivric - hope the process is already complete for you / nearing completion!

 

[Ivric]

Hi All,

Thanks to everyone for their thoughts - we got our PR landing interview email yesterday and will have our interview in Etobicoke later this month. This forum has been amazing resource for us - providing us with answers to questions that sometimes we were not even aware we should be asking Thanks again - will post an an update after we hopefully get our PR later this month.

@Ivric - hope the process is already complete for you / nearing completion!

Congratulations guys, happy for you!

For us unfortunately nothing has come so far. Our file was approved in March but no interview call yet. I heard my file is sitting in Vancouver VO. What was your visa office?

 

[thereorthereabouts]

Congratulations guys, happy for you!

For us unfortunately nothing has come so far. Our file was approved in March but no interview call yet. I heard my file is sitting in Vancouver VO. What was your visa office?

Thanks! Fingers crossed you will get it soon!

Do not know what our VO was / is - we had an update in our account in the middle of April and then got this email so a relatively fast turn around which makes me think it must have been a big office - Ottawa perhaps but that is just a guess.

 

[Dima92]

Hi guys, please URGENT advice needed here.

I have recently raised a CSE to add my spouse to my application (FSW outland), and received a list of requirements from Paris VO as my application is being processed there.

THE PROBLEM IS that among the requirements they did not ask for any form of relationship evidence, they haven't even requested a relationship assessment form, or photos of the wedding. And I from what I have read on similar cases all that I mentioned is usually requested within the same email.

Can you please tell me if this is normal? Should I go ahead and attach relationship evidence even though they were NOT requested? What about the relationship assessment form? should I also just fill and send it, and if so where can I get it from?

Please your advice is much appreciated as I am very confused!

 

[thereorthereabouts]

@Dima92 - I submitted documents while writing the initial notification of change in marital status. Then we did not hear back from CIC for a while and we eventually called them. After the call, I was sent an email requesting additional documents and the CIC online account was modified to allow further addition of documents. I would suggest calling the CIC helpdesk as that worked for us. Also, definitely do submit what you have been asked to submit within the specified timeline.

 

[nitinsha85]

Hi @thereorthereabouts and fellow members,

I hope this finds you all well.

I would like to know about your opinion in this case:

I am currently working in Canada under an Open WP and received Provincial Nomination and also, I have applied for the Permanent Residency. I have received my AoR in February 2020 and now waiting for the next updates in the process. My work permit is expiring in April 2021.

I am planning to marry in August 2020, this means that my PR application will still be in process and I will be adding my spouse in my application. Also, my girlfriend and I are citizen of different countries (Peru and India resp.) and she lives in Peru but has a TRV for Canada.

Question 1: What impact (in terms of processing timeline, proof of fund etc) this will make to my ongoing application process?

Question 2 : Is there any advantage/disadvantage of the place of marriage such as marrying in India, Peru, or Canada in the application process?

Question 3: What are the options we have by which she can get the Work Permit after we marry and how much time it will take?

Please feel free to share your views.

Thanks in advance.