Applying Temporary Resident Visa while processing spousal sponsorship

[anoni]

Hi!

I would like to ask someone regarding to my status.

My wife PR application will be approve probably this June. My work permit will expire in June as well. We were planning to Apply TRV so I could stay here with here while processing our inland application for spousal sponsorhip. I'm also planning to apply for study permit in case so I could stay here in canada legally.

why question is do we need to put in the application that my reason for applying TRV is that my wife and I will be applying inland spousal sponsorhisp?
or will put the reason as I will apply study permit?

thank you and i hope someone can give an advice

 

[kriv]

Hi!

I would like to ask someone regarding to my status.

My wife PR application will be approve probably this June. My work permit will expire in June as well. We were planning to Apply TRV so I could stay here with here while processing our inland application for spousal sponsorhip. I'm also planning to apply for study permit in case so I could stay here in canada legally.

why question is do we need to put in the application that my reason for applying TRV is that my wife and I will be applying inland spousal sponsorhisp?
or will put the reason as I will apply study permit?

thank you and i hope someone can give an advice

Assuming that you are currently living in Canada and you had already submitted an inland spousal application (or planning todo so). In case of already submitted inland application(no matter at what stage it is) you must maintain a legal status throughout your stay in canada during your inland process.
generally TRV applications are made outside of canada not within canada. if you want to live in canada you can extend your stay by applying "extension to stay in canada as visitor" on approval you will be having a visitor status and it is applied at least 30 days before your current status is due to expire.
Extension to stay in canada as a visitor application can be made online and it is rarely refused in case of having an intention or if already submitted an inland sponsorship application.

you may also be eligible to apply for open work permit (a pilot project announced by cic this January) if you have submitted an inland spouse sponsorship application.

You have given a little information about your Wife PR application. If the PR application of your wife is other than sponsorship application then she can still add you in her application and you both will get PR cards at the same time no need to go for sponsorship application and this will safe you a lot of time.

Hope it helps

 

[anoni]

thanks for the reply.. we haven't submitted yet the inland application as we were waiting for the result of my wife's PR application. she haven't applied me before as we just recently got married during her PR application. So by the time my work permit expires, my wife PR applications result will be approve.

So is it possible to apply tourist visa before my work permit expire for a reason that we will apply for inland spousal application?

I don't want to try to apply the restoration of my work permit as i have heard and read a lot that it s hard to get approved as we need LMIA for restoration.

 

[kriv]

thanks for the reply.. we haven't submitted yet the inland application as we were waiting for the result of my wife's PR application. she haven't applied me before as we just recently got married during her PR application. So by the time my work permit expires, my wife PR applications result will be approve.

So is it possible to apply tourist visa before my work permit expire for a reason that we will apply for inland spousal application?

I don't want to try to apply the restoration of my work permit as i have heard and read a lot that it s hard to get approved as we need LMIA for restoration.

if your wife already has a PR application in process and during this period she got married to you SHE MUST notify cic that she is now married and INCLUDE YOU in her application. If your wife choose not to notify CIC about her marriage then she CANNOT sponsor you AT ALL in the future (CIC is very strict in this). this means she cannot even submit a sponsor application in the future to sponsor you as her husband.
she may also face serious issues for the reasons that she get her PR status as single whereas she was married at that time (this is considered as a misrepresentation, hiding information or giving a false statement) and it may even lead to loosing permanent residence status of your wife.

SO your wife have no option other than to add/include you in her PR application.She can add you now. if she adds you in her application you will not need a sponsor application as you will also get a PR CARD automatically when her PR application will be completed. (means you both will get pr card at the same time).

Once she add you in her application you will have lots of options to stay in Canada (no matter her PR case is currently in process).

As far as your question to apply for tourist visa is concerned. NO you cannot apply for a tourist visa (TRV) if you are already in canada. you can only change or extend your status to/as a visitor on the basis that you are awaiting for your PR application (in-case your wife add you) to be completed or you want to spend more time with your wife. Remember if your wife does not notify cic that you are her husband now and the moment you apply for any visa, extension, work permit, work permit extension or any other cic document you obviously have to mention that you are now married and u have to give your wife's name. in such a case your wife's pr application will be badly effected plus rejection to your application with a ban to enter/remain in canada. and if you also choose to hide about your marital status too then you obviously can never prove that she is your wife.

Conclusion: if your wife does not declare you as your husband then you both will face serious problems.
1- if your wife is married she must declare it now before her pr application gets completed.
2. If your wife is thinking to declare you after she gets her PR card then she may loose her PR status on giving this information.
3. You cannot be sponsored or you cannot submit an inland or out land application if she gets her PR card without declaring you as her husband.

Hope it helps

 

[anoni]

thank you for your reply. it really helps me a lot and understand a lot. so it means I need to change my status now? where should i declare that I'm married? is it in the Service Canada? should I also change my status in my workplace as well?

thank you so much

 

[kriv]

thank you for your reply. it really helps me a lot and understand a lot. so it means I need to change my status now? where should i declare that I'm married? is it in the Service Canada? should I also change my status in my workplace as well?

thank you so much

Your wife will update her information in her pr application and also send the following documents
- proof of your marriage
- identity documents of husband (copy of passport, work permit, I'd card etc)
- educational and job documents of husband
- cic additional forms (schedule a, family information etc)
- upfront medical exam of husband
- fee of husband to process Pr
One your wife submit the above documents you both will get pr card at the same time

 

[anoni]

thanks for all the advises I really appreciate. But last question, is there going to be any problem with my wife PR application? or it will cause her application delayed?

 

[kriv]

thanks for all the advises I really appreciate. But last question, is there going to be any problem with my wife PR application? or it will cause her application delayed?

1) Problem with your wife application --> No, to get married is not a crime. As far as everything is genuine no problem at all.
2) application delayed --> it may or may not add some extra time to the overall processing time. Depends at what stage her application is.