Adding details of my wife to my PR application/Spousal open work permit applicat

[saju_321]

Hi everyone

I have some doubts in adding details of my wife to my PR application and applying for spousal open work permit application.

Below is my current status:

I am currently working in Canada on closed work permit and my wife is in India.
My PR application status in CIC's website says "Decision Made".
I got married when my PR application was "In process".
My wife's details are added to my application as a 'Non-Accompanying Dependant' and she has been asked to undergo a medical exam in India.

I was thinking that when my wife's details are added to my application, both of us will become PR together.
But now it doesn't look like that. I clarified this with CPP-Ottawa. They say that my wife will have to undergo a medical exam in India and she need not pay RPRF as she is added as a 'non-accompanying dependant' to my application. That means i will have to sponsor her after when i become a PR.

Simultaneously, i was thinking of submitting a spousal open work permit application for her in India as i am working in a skilled occupation (closed work permit) and bringing her to Canada on work visa.
And, when she is in Canada, i can sponsor her for PR.

Can somebody tell me if i am doing the right thing here?

 

[Leon]

Ask if you can change her status from non-accompanying to accompanying. That way, she will get a PR visa as well and can become a PR right away. It shouldn't add much time to your processing because they have already done her medicals and background checks.

She could apply for an open work permit based on your work permit as you are not a PR yet but there is no guarantee that it would be granted.

 

[saju_321]

Hi Leon

Thanks for replying

I think the mistake that i did was i listed my dependent wife as a "Non-accompanying" family member when i added her details in my application.

As you said, i will be requesting CPP-Ottawa to change my wife to an accompanying family member.

What do you think the chances are for CIC to accept this change request?

I am a bit nervous as my status in CIC's website says "Decision Made".

 

[saju_321]

Hi Leon

I got the below reply from CPP-Ottawa today regarding my request to add my wife to my PR application :

"New regulations have been put in place that we cannot simply add your spouse to your existing Provincial Nominee application. You may be eligible to sponsor your spouse after you have become permanent resident or Canadian Citizen. It’s not your mistake that on the IMM 0008 that your spouse is listed as a Non-Acc. Dependent, even if she is listed as an Accompanying Dependent, the same measure would apply."

My wife has been asked to undergo her medical exam in India . And then, they are planning to request my passport alone for stamping my PR visa.
Now this is what i am planning to do

1. My wife will apply for spousal open work permit in India without showing the reference of my provincial nomination. I thought of not showing my provincial nomination, because if i show that, they will come to know that CPP-Ottawa has taken my application to "Decision-Made" status and this might lead to a refusal of my wife's application to spousal open work permit in India. Nonetheless, i don't know if Canadian Visa office will find out if my wife is married to me and that my status is "Decision-Made". I am going to give it a try.

2. There is 60 days for my wife to undergo her medical exam. She will do it closer to completion of 60 days and then they will ask for my passport for stamping PR visa. I wanted to delay her medical exam because, she will get an open work permit only if i am on a closed work permit. She cannot apply if i am a PR. I am just hoping that everything will go alright.

Can you tell me if this will work or if there is any other better way to approach this situation?

 

[Leon]

I think your plan is good. I hope it works for you. Good luck.

Hi Leon

I got the below reply from CPP-Ottawa today regarding my request to add my wife to my PR application :

"New regulations have been put in place that we cannot simply add your spouse to your existing Provincial Nominee application. You may be eligible to sponsor your spouse after you have become permanent resident or Canadian Citizen. It's not your mistake that on the IMM 0008 that your spouse is listed as a Non-Acc. Dependent, even if she is listed as an Accompanying Dependent, the same measure would apply."

My wife has been asked to undergo her medical exam in India . And then, they are planning to request my passport alone for stamping my PR visa.
Now this is what i am planning to do

1. My wife will apply for spousal open work permit in India without showing the reference of my provincial nomination. I thought of not showing my provincial nomination, because if i show that, they will come to know that CPP-Ottawa has taken my application to "Decision-Made" status and this might lead to a refusal of my wife's application to spousal open work permit in India. Nonetheless, i don't know if Canadian Visa office will find out if my wife is married to me and that my status is "Decision-Made". I am going to give it a try.

2. There is 60 days for my wife to undergo her medical exam. She will do it closer to completion of 60 days and then they will ask for my passport for stamping PR visa. I wanted to delay her medical exam because, she will get an open work permit only if i am on a closed work permit. She cannot apply if i am a PR. I am just hoping that everything will go alright.

Can you tell me if this will work or if there is any other better way to approach this situation?

 

[DivD]

Hi Leon,
I have diligently following your posts! They are super helpful!
I am an Indian, received my PR in August 2010. I am getting married in India, getting my marriage certificate and then returning to Toronto to start the PR application process for my spouse.
My question is regarding the present and the permanent address on the marriage certificate. Should I give my parental address in India as my present address while stating my permanent address to be my home in Canada? Or vice-a-versa? Which would be preferred by CIC?
Thank you

 

[Leon]

If you currently live in Canada but took a quick trip to get married, I would think that present and permanent address are both in Canada.

 

[saju_321]

Hi Everyone,

My wife applied for her spousal open work permit in India on Feb 18th and she hasn't even got a call for medical yet. I know some of them who applied during the same time and got their passport within a month's time. We are wondering if something is wrong with our application.

It'll be very helpful if someone who has applied for spousal open work permit in Jan/Feb/Mar 2014 in Canadian High Commission - New Delhi can share their experience.

Thanks.

 

[yingying1202000]

Hi, I have the similar situation with you. I got married when
My case was in process, and sent cic a email, but the did not reply, and changed my status into dm. Anyway, the marked my husband as non-acc dependent. Any update about your case?

 

[saju_321]

Hi Yingying/Leon

My wife got her spousal open work permit.
Now, i am planning to sponsor my wife after when i become PR. I have sent my passport to receive confirmation of PR. So, probably within 1 month, i will be a PR.

The processing time for sponsoring spouse from within Canada is currently shown as 17 months.

Leon, is there any other way that my wife can become a PR? Her work permit is expiring in Sept 2015.

 

[Leon]

You can sponsor her outland through India which may be faster. If you sponsor inland through Canada, she would be eligible for a spousal open work permit at first stage approval after around 8 months.

 

[saju_321]

Hi Leon

My wife is landing Canada on 09-May-14 on spousal open work permit only.

In that case, i don't think i can apply for her PR through outland process, right?

I think i can apply for her PR from within Canada only, no other option available - wait 17 months for her PR.

 

[Leon]

Hi Leon

My wife is landing Canada on 09-May-14 on spousal open work permit only.

In that case, i don't think i can apply for her PR through outland process, right?

I think i can apply for her PR from within Canada only, no other option available - wait 17 months for her PR.

You can always sponsor outland whether your wife is in Canada, India, 3rd country, working on a cruise ship or in the space station, it doesn't matter.

However, for inland, your wife must be in Canada and committed to staying in Canada. Should she leave Canada and for some reason can't re-enter, she would lose the inland application.

 

[saju_321]

Hi Leon

Thanks for your reply, however i have a few questions.

1. You were talking about getting spousal open work permit after first stage approval after around 8 months. But since my wife is already in Canada on a spousal open work permit, what you said won't be applicable, right?

2. If i am sponsoring my wife through outland process while she is residing in Canada, can i keep our Canadian address as the residential and mailing address? I hope i have to keep 'Canada' as the current country of residence.

3. Is there a way that i can apply online for sponsorship? Or, do i have mail the application by international courier from Canada to the visa office in New Delhi, India? I guess, if i proceed with applying outland for my wife's sponsorship, I will have to mail my wife's PCC and passport by international courier at some point of time, right?

4. Can i apply to any other country other than Canada (current country of residence) and India (country of citizenship) based on shorter processing time?

 

[Leon]

Hi Leon

Thanks for your reply, however i have a few questions.

1. You were talking about getting spousal open work permit after first stage approval after around 8 months. But since my wife is already in Canada on a spousal open work permit, what you said won't be applicable, right?

2. If i am sponsoring my wife through outland process while she is residing in Canada, can i keep our Canadian address as the residential and mailing address? I hope i have to keep 'Canada' as the current country of residence.

3. Is there a way that i can apply online for sponsorship? Or, do i have mail the application by international courier from Canada to the visa office in New Delhi, India? I guess, if i proceed with applying outland for my wife's sponsorship, I will have to mail my wife's PCC and passport by international courier at some point of time, right?

4. Can i apply to any other country other than Canada (current country of residence) and India (country of citizenship) based on shorter processing time?

1. It's a different spousal permit. Your wife is now on a WP for spouses of TFW's / international students. Inland after first stage approval grants an open spousal work permit for spouses being sponsored by PR's or Canadians.

2. You can keep your Canadian addresses in the application but you say say you request processing in her home country.

3. You can't apply online. You don't send the application package to ND, but to Mississauga. You have to mail the PCC with the application package but the passport later. India has a law against mailing passports out of the country. Some people have gone around that by sending with international courier as "documents" to a relative in India, have them mail it in, have the embassy mail it back to them and they ship it to you via international courier again.

4. She can apply outland in Canada. You would use the outland forms but pick Ottawa as your processing visa office.