Dependent PR and SOWP after TRV (visitor visa)

[wanderer88]

Hi,

I am currently in India and my wife is working in Canada and she has a PR.
My plan is to resign from my current job in India, go to Canada on a visitor visa, and apply for PR as a dependent from within Canada in SCLPC class and simultaneously apply for the spouse open work permit (SOWP).
Reason for doing this, as far as I know for SCPLC can be applied inland only.
https://www.canadavisa.com/inland-spousal-common-law-partner-sponsorship.html#gs.8jndi2
"In contrast to Outland applications (where the spouse is residing outside Canada), the person being sponsored through the Inland route may be eligible for an Open Work Permit while his or her application is being processed. "


My main concern is,
1. How do I make sure that my visitor visa gets approved? we need to show strong ties to my home country while filling Visa application, and that's not possible especially when I leave my job and go there and I do not have any property on my name.
2. Once I get the visitor visa, what should I be telling to the immigration officer or other authorities? I heard this would be a case of duel intent, wherein I should ideally be showing strong ties to my country and show that I will be returning to India while I go on visitor visa.
On the other hand, my plan is to apply for PR and open work permit.

Is it a good idea to book a return ticket and inform them about my plan and tell that I would be coming back in case my PR or work permit is not processed by that particular date?

Obtaining a Temporary Resident Visa (TRV) is the 1st step and that should not go wrong.

These things are contradicting each other. To get SOWP in SCLPC class, I have to be in Canada on TRV, but for TRV I have to show strong ties to my home country and prove that I'll be going back.


Also, I do not have any links for where I should be applying or getting details on form filling for PR or specially for spouse open work permit. It would be great if anyone can share the same with me.

 

[canuck78]

Would discourage you from leaving your job until you get a TRV. When did you get married and when did your wife get PR?

 

[wanderer88]

Would discourage you from leaving your job until you get a TRV. When did you get married and when did your wife get PR?

I got married in Feb end 2019 and my wife got PR somewhere at the end of December 2017, but she moved to Canada in May 2018.
I am planning to resign only after getting my TRV, but won't that cause issues during immigration?
Secondly, I'll be needing a letter from my HR while applying for TRV right? I dont want to let anyone is my company know before I resign, and not sure if my HR would give the letter if I ask.

 

[wanderer88]

Someone just told me today that I can apply for spouse open work permit directly from the country where I'm residing, based on my spouse's PR as a dependent, and then go to Canada based on this SOWP and avoid the hassle of going for visitor visa.
If this is the case then it would be great. I need to confirm, especially after reading all the contents stating that we can apply for SOWP only along with or after applying for dependent PR from within Canada.

 

[canuck_in_uk]

Someone just told me today that I can apply for spouse open work permit directly from the country where I'm residing, based on my spouse's PR as a dependent, and then go to Canada based on this SOWP and avoid the hassle of going for visitor visa.
If this is the case then it would be great. I need to confirm, especially after reading all the contents stating that we can apply for SOWP only along with or after applying for dependent PR from within Canada.

Someone is an idiot. You do not qualify for an OWP based on being the spouse of a PR.

 

[wanderer88]

Someone is an idiot. You do not qualify for an OWP based on being the spouse of a PR.

ok. By someone I mean that was a visa consultant. Btw you mean I cannot apply for OWP from outside Canada right? and can apply for SOWP from within Canada while applying for dependent PR.

 

[canuck_in_uk]

ok. By someone I mean that was a visa consultant. Btw you mean I cannot apply for OWP from outside Canada right? and can apply for SOWP from within Canada while applying for dependent PR.

Being a visa consultant does not preclude someone from being an idiot.

You can't apply for an OWP based on being the spouse of a PR. You can apply for an OWP based on submitting an inland sponsorship app.

 

[wanderer88]

Did anyone ever do this? I'm surprised I don't find a single person who has gone through the same situation.
I seems simpler for someone whose spouse is in Canada on work permit or student visa.
I talked to the hepline number given here on top of this page, they said we have to be honest while filling the TRV application. Need to tell that I will be going to Canada and apply under sponsorship for PR and SOWP and mention that will be going back to my home country if that doesn't work out, so have to show strong ties to my home country as well.
But honesty is not appreciated these days . Although I'm sure I'll not be doing anything illegal, how do I prove that to the visa authorities by revealing about my purpose to visit Canada .

 

[canuck_in_uk]

Did anyone ever do this? I'm surprised I don't find a single person who has gone through the same situation.
I seems simpler for someone whose spouse is in Canada on work permit or student visa.
I talked to the hepline number given here on top of this page, they said we have to be honest while filling the TRV application. Need to tell that I will be going to Canada and apply under sponsorship for PR and SOWP and mention that will be going back to my home country if that doesn't work out, so have to show strong ties to my home country as well.
But honesty is not appreciated these days . Although I'm sure I'll not be doing anything illegal, how do I prove that to the visa authorities by revealing about my purpose to visit Canada .

There are dozens and dozens of threads on this forum of people who have tried this route.

Do not mention sponsorship in the TRV app. Regardless of what you put on the app, you have a low chance of approval simply because you are married to a PR.

 

[rahulanandtalk]

I am in a similar situation to yours. Any progress in your case ?

 

[wanderer88]

For those seeking information on similar case, you can apply for Spouse open work permit from outside Canada only if your spouse is in Canada on work permit or on student visa. In case spouse is a PR, then you need to be in Canada and apply for PR from within Canada to be eligible to apply for SOWP.
Secondly, contrary to comments stating that there are less chances of getting a visitor visa if your spouse is a PR, I guess you can obtain it by showing strong ties to your home country and showing strong proof of relationship with your spouse, maybe by showing wedding photos, chats/call logs before marriage etc. apart from marriage certificate. Not sure if this counts though.

 

[brs.123]

HI I have a question.

If i have applied for the PR. I am in Canada and my husband is back home. If the PR is in process can i apply for his sowp?

 

[wanderer88]

HI I have a question.

If i have applied for the PR. I am in Canada and my husband is back home. If the PR is in process can i apply for his sowp?

Do you have a work permit? If you have a work permit then he can directly apply for SOWP from your home country.
If you have a work permit and applied for PR, then that's a tricky question.
Might depend on which stage of processing your PR is in or may depend if the decision on your PR is already made. I'm just guessing. Hope you get an answer to that soon.
Also keep in mind that after you get your PR, your husband can apply apply for sowp only from within Canada and not from your home country. So if that situation ever arises then plan and apply.

 

[brs.123]

yes i have a work permit and noc b job. i applied before for his sowp they rejected. i gave salary slips employment letters bank proof everything. i have not applied for PR yet.i am not sure waht to do stuck at 460 and waiting for the ITA.

I have applied for him twice. they rejected that he will not leave the country we showed property papers etc.. so was asking
1. what should i do? apply again for visitor or sowp?
2. wait till its .. once i apply PR can i apply for sowp? what are the chances then?

 

[brs.123]

not its ITA sorry for the writing errors