Advice needed! marriage on trv...please help

[2Rxist]

Hello,

I just discovered this forum, and wow! What an eye opener. I thought I had a good understanding on how to get PR for my fiancé, but reading various posts here has got me thinking twice about my plan. I would love any feedback or advice, as you all seem very knowledgeable and know the ins and outs of the process.

I am a 29 year old Canadian Citizen, born and raised. She is 25 year old Kenyan Citizen. We met at pharmacy school (India) and have been friends for 4 years and together for 3 years (she graduated one year before me). I graduated in June 2013, she has been working in Kenya for the past year, and has a stable job as a pharmacist.

This was our plan, based on what research I did from CIC website.

1. She comes to Canada on TRV.
2. We do a registered marriage.
3. Apply for PR, and we wanted to do Inland so she can stay here during the process (implied status)

We were thinking this route because obviously we want to be together (have been in distance for over a year) but also because we are serious about starting life together in Canada. The licensing process for a pharmacist is long, with exams being written only twice a year. We wanted to write our first exam together in January, then the next one is in May. That's the main reason we want to do PR this route, so we can study together and write at the same time.

With regards to me being the Sponsor,
I have a pharmacy job starting in August (which pays good money), and have 11 years experience working in Retail Pharmacy, so our job prospects are very very good. We would be living with my parents (rent free) until we get our license.

So that's our situation. She was about to apply for her TRV in Nairobi, Kenya, and then I found this forum. So I told her to wait until we get some feedback.

Will getting married while she on TRV look bad during the PR application process? Or do you think we are ok going this way? Anything to look out for in general??



I would really really appreciate any thoughts or advice. Thanks guys!

 

[canuck_in_uk]

Hi

Welcome to the forum

It's actually getting the TRV that is the hard part, as your fiance needs to show strong ties to Kenya to get it, like her job, property, family obligations etc.

If she can get the TRV, there is no issue with you guys then getting married in Canada and applying inland. This is a common scenario for many couples, especially when the applicant isn't visa-exempt. In order for her to get Implied Status, she must submit an Open Work Permit app with the inland PR app. The PR app on it's own does not give her Implied Status.

Good luck

 

[scylla]

Agreed with the above.

Make sure you have a plan B. Unfortunately there's a good chance her TRV will be refused.

 

[DaleandMonica]

Hi.

I met my husband on internet....we were first friends for a long time, and then feelings started to grow He is a Canadian citizen and I came from Sweden.

After hours and hours on the phone every day, he pleaded for me to come visiting him here in Canada. We are around 50 both of us.....so my kids were grown ups and had both moved away and living by them self. So I thought it was my time to dare to live a little I traveled to meet Dale as a visitor. We had no plans for the future. But we wanted to see if the love was real and would last and grow if we met I had a ticket to stay 4 month and during these month he asked me to marry him And I said yes. Oh we were so happy together....and still is
We didn't know about this forum either....and we started to study about these applications. To give our self's a little more time and just enjoy our wedding and marriage in the beginning, we applied for a longer tourist visa, and got it. An during that time we started to work on our applications. So in one way we are walking on the same road you guys seams to walk towards.

To do it inlands, like we are doing, takes a longer time before everything is done. The downside is that I'm not allowed to leave Canada while the application isn't approved. So it's a long wait. But we can live together during and that is great. I am retired and I have my income for life from Sweden, so we are doing okay. But I know many that is struggling while they wait, since you are not allowed to work or study or apply for work visa until you are approved in Stage 1. And that can be a long wait.

Your planes for future work is better then good enough.....since you, as a sponsor, wont be judge on how much you earn. But that both of you have good plans for the future and how to support your self's will just be a plus....I think.

Take a lot of pictures and document your time together, when she arrives.....and during your time together and wedding and everything. They want a lot of proof that you are for real as a couple. That is what is the main thing in all of this, as I have understood it. So document your life together and your journey building up a life together.

Wish you guys all the best

 

[2Rxist]

Thanks for the input guys! She is applying for TRV next week..fingers crossed!

 

[2Rxist]

Hello everyone! Great news, my fiancé ended up getting her TRV and we got married! We are now in the stages of preparing our spousal sponsorship application (Inland), I had just a few questions about the process.

We have gone through the checklist, and pretty much everything is done. We are just gathering the proof of relationship stuff and getting declarations from people who know about our relationship, but my main concern is regarding her implied status during the process, basically filling the OWP application properly.

So her TRV expires February 2014, and we are planning to submit before the new year.
Do we need to apply for a Visa extension too?

And with regards to the OWP, we really don't want to mess up, please bear with us ;D

So we are filling Form IMM5710E

1. In Box 3, we have checked off the following 2/4 options
- a work permit with a new employer
- restoration of temporary resident status as a worker
is this correct?

2. And under Details of Intended Work in Canada, we have put applying for OPEN WORK PERMIT.
Do we need to have a prospective employer lined up? Is an offer of employment necessary for her to get the OWP?


Anything else you guys think we are missing?

Any advice from you guys is greatly appreciated!! Thanks again

 

[Alurra71]

If it makes you and her feel better to have a verified 'valid' status, then yes, apply to extend her current visa. If you or she are not particularly concerned and are comfortable with not have a physical paper in hand, then don't worry about it as long as your application is received with your OWP attached BEFORE her current status expires. She will indeed be on 'implied' status and under the same rules/regulations as set forth by her original visa document until her OWP is either approved or denied.

No, you don't need to have an employer lined up to file an OWP. I did not file an OWP with my application. I went about it a totally different way, which is not really relevant to this thread so I won't bother filling it in here. Suffice it to say I have absolutely no clue about the Box 3 question! LOL

The only question I had from your original post back in July was:

How is she going to 'write' exams in both January and May when she is not allowed to work or study in Canada without a work/study permit or a valid PR status. That was the only thing that jumped out at me initially.

Si

 

[canuck_in_uk]

Do we need to apply for a Visa extension too?

And with regards to the OWP, we really don't want to mess up, please bear with us ;D

So we are filling Form IMM5710E

1. In Box 3, we have checked off the following 2/4 options
- a work permit with a new employer
- restoration of temporary resident status as a worker
is this correct?

2. And under Details of Intended Work in Canada, we have put applying for OPEN WORK PERMIT.
Do we need to have a prospective employer lined up? Is an offer of employment necessary for her to get the OWP?

Congrats on the TRV and marriage!

She does not need to extend her visa. Submission of the inland PR and OWP app will give her Implied Status, allowing her to remain in Canada.

1. DO NOT check restoration of temporary resident status as a worker; that is only for a person who had a work permit that expired and no longer has status. Just check work permit with new employer.

2. You don't need an employment offer. For all of those fields, as well as LMO details, just write "Open Work Permit".

Across the top of IMM5710, write something like "OWP to be processed with inland spousal sponsorship app"

 

[2Rxist]

Thanks for the help guys, we are almost ready to submit our app now! Hopefully going to send it after the New Year.

Great advice Canuck, you are a gentleman/woman and a scholar! ;D

Alurra, to write these exams, the PEBC only requires status in Canada, so TRV is acceptable. But she will need a work permit to do her studentship/internship, which we hope will workout by July 2014.

 

[canuck_in_uk]

Thanks for the help guys, we are almost ready to submit our app now! Hopefully going to send it after the New Year.

Great advice Canuck, you are a gentleman/woman and a scholar! ;D

Alurra, to write these exams, the PEBC only requires status in Canada, so TRV is acceptable. But she will need a work permit to do her studentship/internship, which we hope will workout by July 2014.

Woman

How are you expecting her to have a work permit by July 2014? She won't get the OWP for around 11 months after you submit the application.

 

[2Rxist]

Wishful thinking I suppose lol

I just saw the current time lines, is it really 11 months?? Have you heard of anyone getting it sooner??

 

[canuck_in_uk]

Wishful thinking I suppose lol

I just saw the current time lines, is it really 11 months?? Have you heard of anyone getting it sooner??

Yes, it's really 11 months. No, it won't be any sooner.

They are currently working on applications received January 15th, 2013. See here http://www.cic.gc.ca/english/information/times/perm-fc.asp

 

[santi693]

Getting her into Canada via TRV is already a great thing.
To my knowledge, it's rare.

Wishful thinking I suppose lol

I just saw the current time lines, is it really 11 months?? Have you heard of anyone getting it sooner??

 

[2Rxist]

hey guys,

we are sending our PR application Monday

a quick question,

If a form does not apply to us (eg. Additional Dependants IMM 0008DEP or Use of Representative for,) do we still need to include it in the package and write "Not Applicable" across the top? Or can we just leave it out?

Thanks!!

Oh ya, and I just noticed that apparently Inland applications are now supposed to be sent in to CPC-M Mississauga Station B?

 

[canuck_in_uk]

If a form does not apply to us (eg. Additional Dependants IMM 0008DEP or Use of Representative for,) do we still need to include it in the package and write "Not Applicable" across the top? Or can we just leave it out?

Thanks!!

Oh ya, and I just noticed that apparently Inland applications are now supposed to be sent in to CPC-M Mississauga Station B?

You can just leave them out and put N/A on the checklist.

Interesting about inland apps going to Mississauga, wonder when that happened. I couldn't find anything published by CIC to explain why it was changed or how it will affect processing.