Canadian/Iranian - Question about time and what to do in the meantime...

[hba]

I have a question, I think you guys have a lot of practical experience...so I hope to get some much needed info

I'm a canadian citizen, live and work in vancouver. My wife (to be is Iranian living in Iran.

- It looks like it would take a year or for her get her visa to come to canada is that about right?
- Clearly, I don't want to live without her for a year so how do you guys do it (or did it)?
- Is there a way for her to come to Canada and wait for her papers here?

Gosh the idea of being apart from her for who knows how long...doesn't sound right.

Honestly, I'd go and live in Iran, except; I'd lose my job here...and I'm not sure if I can support our family in Iran.

Your insight is much appreciated.

Thanks

 

[canuck_in_uk]

To be honest with you, there is almost no chance that she would be allowed to enter Canada as a visitor. As she is not visa-exempt, she would need a TRV to enter; to get a TRV, a person must show stronger ties to their home country than to Canada. CIC pretty much always considers a spouse in Canada to be stronger than any tie in the home country. She can still apply for a TRV, there have been a few very rare times that it has been approved, but don't count on it.

If you don't want to be apart, then going to Iran is your best option.

At the moment, Ankara (processes Iranian apps) is at 16 months, plus it is another month for sponsor approval, so 17 months altogether to process 80% of applications. Given that there is a visa officer strike right now, there will be delays that will increase processing times, so it could be longer than that.

 

[hba]

Thank you for the detailed response...

Man, that is horrible! I can't believe that is the law...it seems so unfair.

 

[Sweden]

It's hard to be apart, and going to Iran would have some positive sides: you would not be away from your wife, and living together will make your case stronger - CIC will be judging if your relationship is genuine, and if you move to Iran to live with her while waiting for the PR to come through, there won't be much doubt... which would mean most likely a shorter processing time. I won't say it will cut it to a specific amount of months, because it's difficult to know, but in general: the stronger the proofs about the relationship, the faster the application (within the parameters of your VO of course).
It can also be done if you stay in Canada - not going to Iran won't prevent you from sponsoring your wife - but because you are a citizen (and not a PR), you're allowed to be outside of Canada to sponsor your wife.
Good luck,
Sweden

 

[hba]

The main problem with going to Iran is that I have no idea how I would make many. The second problem is that I would lose my job in Canada, so once we return we'd have a super tough time finding a job again.

Gosh this is terrible.

 

[canuck_in_uk]

The main problem with going to Iran is that I have no idea how I would make many. The second problem is that I would lose my job in Canada, so once we return we'd have a super tough time finding a job again.

Gosh this is terrible.

Yes, it is a very difficult situation that many find themselves in. I hope it works out for you no matter what you decide to do.

 

[hba]

I read somewhere that if we marry in Canada, then she can wait for her papers in Canada. Is that true?

Although, I have no idea how to get her into the country...

 

[canuck_in_uk]

I read somewhere that if we marry in Canada, then she can wait for her papers in Canada. Is that true?

Although, I have no idea how to get her into the country...

There are 2 ways to apply, inland and outland. You aren't required to get married in Canada to apply inland but you both must be IN CANADA. By submitting an Open Work Permit app with the inland PR app, she would get implied status and be allowed to stay in Canada. However, there are drawbacks to applying inland; she cannot leave Canada at all during the processing time (currently around 14-16 months) and there is no option of appeal.

She could try for a TRV now. If she gets it and comes to Canada, you guys could get married here. You could then apply inland with the OWP app and she would be on implied status and allowed to work after about 6-8 months once you receive sponsor approval.

 

[Bluesky2016]

I am going to send my inland application that I came across by this point about Inland application "she cannot leave Canada at all during the processing time (currently around 14-16 months) and there is no option of appeal." So now I am confused and I have some questions that would appreciate it if you advise me:
- Is it true that if I apply inland, I have to stay Canada during processing time, even I find a job in another country?
- I would like to apply Outland ( because it has shorter processing time), but is it possible for a person in Canada? Have you seen any successful case?
- Now processing time is 26 months or 14- 16 months?
- about open work permit, should I apply for it after submitting application or with it?

Many questions today I was going to post my package that came to this forum. Now I am stuck with lots of questions, anxiety...

There are 2 ways to apply, inland and outland. You aren't required to get married in Canada to apply inland but you both must be IN CANADA. By submitting an Open Work Permit app with the inland PR app, she would get implied status and be allowed to stay in Canada. However, there are drawbacks to applying inland; she cannot leave Canada at all during the processing time (currently around 14-16 months) and there is no option of appeal.

She could try for a TRV now. If she gets it and comes to Canada, you guys could get married here. You could then apply inland with the OWP app and she would be on implied status and allowed to work after about 6-8 months once you receive sponsor approval.

 

[canuck_in_uk]

I am going to send my inland application that I came across by this point about Inland application "she cannot leave Canada at all during the processing time (currently around 14-16 months) and there is no option of appeal." So now I am confused and I have some questions that would appreciate it if you advise me:
- Is it true that if I apply inland, I have to stay Canada during processing time, even I find a job in another country?
- I would like to apply Outland ( because it has shorter processing time), but is it possible for a person in Canada? Have you seen any successful case?
- Now processing time is 26 months or 14- 16 months?
- about open work permit, should I apply for it after submitting application or with it?

A requirement of inland is that you be residing IN CANADA with your sponsor throughout the entire process. If you leave and IRCC finds out, they can cancel the app for failing to meet that requirement. If you leave even for a short time and are refused re-entry, your app will be cancelled.

Many thousands of people apply outland while in Canada. There is no issue doing this.

26 months. The post you quoted is from 2013...

If applying inland, you need to submit the OWP app with the PR app.