A slightly complicated spouse visa sponsorship

[pvatham]

Dear All,

I am an Indian national. I was a graduate student in Canada and obtained my Phd in 2013. During this time I also became a Permanent Resident in September 2010. Since June 2013, following the end of Phd, I have been working in South Korea as a postdoctoral fellow. My contract in South Korea is done in April 2015 and I have an offer to start a new post-doctoral fellowship in Canada in May 2015. As far as I have checked since my PR is valid until November 2015 and I have spent enough time in Canada in the last five years, I can simply go ahead and begin my job. There is one issue. I also got married in July 2014 and my wife is with me on a dependent visa in South Korea. If I take up the job in Canada, I would like my wife to accompany me to Canada and also find employment there. Again as far as I checked it does not look like I can sponsor her PR while residing abroad. I am interested in working there and would like for my wife to be able to do the same. More importantly it would be best if she could enter Canada when I go there in May to begin my job. What is the best course of action? Should I apply for a open work permit for my wife? Can I apply for a temporary visa for her so that she can accompany me and later apply for a work permit/ PR from within Canada? This is indeed a very non-standard situation. Any help is welcome! Confused.

Thanks!

 

[BrianDell]

I'd recommend trying to get her a U.S. visit visa first. The 2014 U.S. rejection rate for "B" class non-immigrant visas is just under 20% for Indian nationals. You could emphasize your education and your employment in a support letter that talks about how you will be travelling in the U.S. together before you start your job in Canada. The U.S. interviews everybody, but that's good news for honest folk. If she's rejected, no real harm done, and it'd be strong evidence it wouldn't be worth trying to get her a Canadian temporary resident visa.

Having got a U.S. visa, that should make it easier to get her a Canadian temporary resident visa. It didn't work for me, though, as I got my then girlfriend a U.S. B2 visa and she was then rejected for a Canadian visit visa. Your wife would have to be able to get the Canadian visit visa without any letter of support from you, because they'll quite likely reject her application for a Canadian visit visa if she's married to a Canadian PR already living and working in Canada.

There's probably no easy way to avoid a long separation if you return to Canada to start work, I'm afraid. If the system were fair, they'd grant your wife a 6 month visit after which she'd return to Asia to continue to wait for her own PR. But too many people don't go back when their visit visas expire, evidently, so the rest of us can't bring our spouses over to visit at all.

 

[pvatham]

hi BrianDell. Thanks for your detailed answer. This unfortunately seems to be the situation. I was also wondering if I went ahead and gave up my Permanent Residency of Canada and then applied for a work permit myself, if things would change. This is a rather drastic step but I do not know of an easier way out.

 

[canadianwoman]

Does your wife have the type of education needed to get a visa to Canada on her own? If so, that would be the easiest way for her to be in Canada with you. For a TRV, she has to show ties to her home country. Being married to a Canadian PR will make that difficult. I would not give up your PR just to reapply for a work permit. Too many things could go wrong.

 

[studypermitportal]

Youcan sponsor your spouse even if your not living in Canada. There is more than enough info on cic s ite. It's called an outland application. I was in the similar position. We started the application abroad. And my spouse came in as a visitor. My spouse will get her OWP 4months (new rule pased in dec 2014) after we submitted the application. We had an amazing rep as well.

 

[MilesAway]

As a PR you must be residing in Canada. So ignore the previous post about applying outland. You cannot apply inland if you are not in Canada, so don't try that either.

I would say that your situation is pretty standard. Unfortunately, your options are limited.

 

[Applechunks]

Youcan sponsor your spouse even if your not living in Canada. There is more than enough info on cic s ite. It's called an outland application. I was in the similar position. We started the application abroad. And my spouse came in as a visitor. My spouse will get her OWP 4months (new rule pased in dec 2014) after we submitted the application. We had an amazing rep as well.

If your spouse has applied for an OWP under the new program then you are completing an inland application as this option is not available to outland applicants.
You are giving the OP misleading information.

 

[little_apple]

My opinion is:
Try to get a visitor visa for her and when you are both in Canada decide if you want to apply inland or outland. Outland is usually faster but with the new inland rules she would get an OWP after only a few months.

If she can't get a visitor visa I would go to Canada alone and then apply for PR outland. I know it will be hard to be separated but these two options are the only ones that make sense.

Don't give up your PR!

 

[pvatham]

Does your wife have the type of education needed to get a visa to Canada on her own? If so, that would be the easiest way for her to be in Canada with you. For a TRV, she has to show ties to her home country. Being married to a Canadian PR will make that difficult. I would not give up your PR just to reapply for a work permit. Too many things could go wrong.

I think she does. She has a post-graduate diploma in advertising and marketing from a reputed university in India. Thanks for the answer..I will look into possibilities for a direct visa application without sponsoring.

As a PR you must be residing in Canada. So ignore the previous post about applying outland. You cannot apply inland if you are not in Canada, so don't try that either.

I would say that your situation is pretty standard. Unfortunately, your options are limited.

Thanks for the answer. I am guessing "studypermitportal" thought I was a Canadian citizen. I am indeed learning that my options are limited. I understand it is difficult for the Canadian government to formulate policies covering this issue as they do face quite a lot of immigration applications.

My opinion is:
Try to get a visitor visa for her and when you are both in Canada decide if you want to apply inland or outland. Outland is usually faster but with the new inland rules she would get an OWP after only a few months.

If she can't get a visitor visa I would go to Canada alone and then apply for PR outland. I know it will be hard to be separated but these two options are the only ones that make sense.

Don't give up your PR!

Thanks little_apple for the suggestions. The one question I had is the following - when applying for the visitor visa does my wife have to get a letter of invitation from me? Moreover, can she apply for a visa to visit me before I return to Canada? I ask because currently I am still living outside Canada and will return if I take up this job offer I mention in my original post..

 

[pearlmehay]

hey
please tell me from where you are?

 

[Hasan9999]

While you are abroad, she could apply for student visa if she wants to pursue higher study in Canada. In this situation, student visa might be easier instead of TRV.