Dependent visa for my fiance

[saju_321]

Hi Leon

Thanks for replying to that query.

I hear a lot from my friends that it is not easy to get a visiting visa for my fiance because she doesn't have any travel records.
What do you say about this?

Also, is there any minimum requirement of funds that needs to be shown in her account for getting the visa?

 

[Leon]

Yes, it can be hard to get a visa for a fiancee. Immigration must believe she is not planning on overstaying.

 

[saju_321]

Hi Leon/Amira

Time has passed and my Police Clearance Certificate has been submitted to CIC. I have some questions in my mind right now which i am listing below:

1. I got my work permit extended until Sept 2015 using my AINP nomination. This is a closed work permit. I have made my vacation travel plans to leave for India on 04th Jan 2014. Will there be any problems for me to re-enter Canada if my PR application is getting approved in Nov 2013 or Dec 2013 or Jan 2014. I will be re-entering Canada on 02nd Feb 2014 with a valid work visa. I heard from my some of my friends that i will have to wait for 30-45 days to get my PR visa on my passport after when my PR is approved before when i travel. If this is true, i will be in trouble, if my application is getting approved in Nov/Dec 2013.

2. Do i need to inform CIC if i am leaving the country? I am going on vacation for 1 month.

3. I am getting married in Jan 2014 and i will be adding my wife's details in my PR application. My yet-to-be wife was rejected for a visiting visa. She will be applying for an open work permit in India, after marriage. I am a bit concerned about this application for open work permit getting rejected because her visiting visa application was rejected. Do i need to prepare any affidavit or show some photos of marriage or proofs of our honeymoon along with the application package? Also, can you please confirm if IMM1295, IMM5645 and IMM5257 are the application forms for applying for spousal open work permit?

4. Will there be any problem for her to get an open work permit because i am currently on a closed work permit?

P.S : Your replies were vital to me until now. It helped me a lot. Thank you so much.

 

[Leon]

Hi Leon/Amira

Time has passed and my Police Clearance Certificate has been submitted to CIC. I have some questions in my mind right now which i am listing below:

1. I got my work permit extended until Sept 2015 using my AINP nomination. This is a closed work permit. I have made my vacation travel plans to leave for India on 04th Jan 2014. Will there be any problems for me to re-enter Canada if my PR application is getting approved in Nov 2013 or Dec 2013 or Jan 2014. I will be re-entering Canada on 02nd Feb 2014 with a valid work visa. I heard from my some of my friends that i will have to wait for 30-45 days to get my PR visa on my passport after when my PR is approved before when i travel. If this is true, i will be in trouble, if my application is getting approved in Nov/Dec 2013.

2. Do i need to inform CIC if i am leaving the country? I am going on vacation for 1 month.

3. I am getting married in Jan 2014 and i will be adding my wife's details in my PR application. My yet-to-be wife was rejected for a visiting visa. She will be applying for an open work permit in India, after marriage. I am a bit concerned about this application for open work permit getting rejected because her visiting visa application was rejected. Do i need to prepare any affidavit or show some photos of marriage or proofs of our honeymoon along with the application package? Also, can you please confirm if IMM1295, IMM5645 and IMM5257 are the application forms for applying for spousal open work permit?

4. Will there be any problem for her to get an open work permit because i am currently on a closed work permit?

P.S : Your replies were vital to me until now. It helped me a lot. Thank you so much.

If you are planning on getting married and adding your wife to your PR application, you should inform the visa office about this now so they can postpone your processing. Otherwise, you may be in the position that they want to give you a visa after you have gotten married but before you can add your spouse which is no good for you.

There are 4 possible scenarios here. 1. You get the PR visa before you get married, you land as a PR and then have to get married later and sponsor your wife on a separate application. 2. You get your visa before you get married but still get married before you land. In this case, you would have to return your PR visa to the visa office and ask to add your wife and have your visa re-issued along with her visa because you can not land on a visa you got as a single person if you had gotten married in the meantime. 3. You get your visa after you got married but still issued for you as a single person because you had not informed the visa office you were getting married. In this case like 2. you would have to return the PR visa to the visa office and ask to add your wife to the application. 4. You inform the visa office you are getting married and they postpone issuing your visa until you get married and so you and your wife will both get your visas issued at the same time.

If you really want scenario 4., you should inform the visa office now. If you are contemplating that 1. might be better, you can delay informing them until they ask for your passport but there is actually very little time left for that to happen. If you want to leave on January 4th and they ask for your passport now and you send it, you would have to hope that you will get it back before you want to leave or otherwise, you can't and will have to postpone your wedding. I think that the best solution is really that you inform the visa office or your wedding plans.

After the wedding, your wife will be eligible to apply for an open work permit based on your permit but she still needs to show that she is not a risk to overstay. You having applied for PR and stating in a letter along with her work permit application that you will be adding her to your application may help her get approved for a work permit.

 

[saju_321]

Thanks for your quick reply Leon.

However, i still have some doubts in my mind.

1. As you said, i think its better to inform CIC about my wedding plans which will delay the processing of my PR. But how do i do that? Just send a letter to CIC? Do i need to send it to Centralized Intake Office-Nova Scotia or CPP-Ottawa?

2. If i am adding the details of my wife into my PR application after marriage, doesn't it show that we are planning to stay permanently in Canada? You said that when my wife applies for open work permit, she should show that there is no risk of overstay. Isn't this kind of contradicting each other? Can you explain a bit more about this?

3. I hope i do not have to inform CIC separately in a letter that i will be out of the country for 1 month.

4. Can you please confirm if IMM1295, IMM5645 and IMM5257 are the application forms for applying for spousal open work permit?

5. Will there be any problems for my wife to get an open work permit because i am on a closed work permit?

 

[Leon]

Thanks for your quick reply Leon.

However, i still have some doubts in my mind.

1. As you said, i think its better to inform CIC about my wedding plans which will delay the processing of my PR. But how do i do that? Just send a letter to CIC? Do i need to send it to Centralized Intake Office-Nova Scotia or CPP-Ottawa?

You send it to the visa office that is processing your file right now.

2. If i am adding the details of my wife into my PR application after marriage, doesn't it show that we are planning to stay permanently in Canada? You said that when my wife applies for open work permit, she should show that there is no risk of overstay. Isn't this kind of contradicting each other? Can you explain a bit more about this?

Temporary workers usually have to show that they are not a risk to overstay. However, if you are applying for PR and have reached a certain stage in the process, they know you are getting your PR anyway so they will not worry about overstay any more.

3. I hope i do not have to inform CIC separately in a letter that i will be out of the country for 1 month.

Inform them at the same time you inform them about the impending wedding.

4. Can you please confirm if IMM1295, IMM5645 and IMM5257 are the application forms for applying for spousal open work permit?

Right. Use the forms here: http://www.cic.gc.ca/english/information/applications/work.asp

5. Will there be any problems for my wife to get an open work permit because i am on a closed work permit?

If you are on a closed work permit with a skilled NOC, that is actually better than if you were on an open permit because if you were on an open permit, it would be up to you to prove that your job is skilled.

 

[saju_321]

Thank you for answering my questions, Leon.

I hope a letter explaining my wedding plans which is signed by me is enough. Do i need to follow any specific format?

 

[Leon]

Thank you for answering my questions, Leon.

I hope a letter explaining my wedding plans which is signed by me is enough. Do i need to follow any specific format?

No specific format. Just state that you are getting married on (date) and that you will be adding your spouse to your PR application. Remember to include your file number

 

[saju_321]

Okay

Thanks a ton, Leon.

 

[saju_321]

Hi Leon

From what you have told me about my status when i re-enter Canada, now there is another fear in my mind

As i said, i am exiting Canada on 04th Jan 2014 and re-entering Canada on 02nd Feb 2014. I will be single when i leave Canada and i will be married when i re-enter Canada. After when i get married, how do i make sure that CIC is informed about my change in status before when i re-enter Canada? I am guessing that i need to inform them about this by mail and not email. Can you please tell me if there is something that i must do in order to stay out of trouble?

 

[Leon]

Hi Leon

From what you have told me about my status when i re-enter Canada, now there is another fear in my mind

As i said, i am exiting Canada on 04th Jan 2014 and re-entering Canada on 02nd Feb 2014. I will be single when i leave Canada and i will be married when i re-enter Canada. After when i get married, how do i make sure that CIC is informed about my change in status before when i re-enter Canada? I am guessing that i need to inform them about this by mail and not email. Can you please tell me if there is something that i must do in order to stay out of trouble?

As you will still be a temporary worker and not landing as a PR when you re-enter, you do not have to add your spouse before you re-enter, you just have to inform immigration when you re-enter that the purpose of your trip was getting married and that you have a PR application going and you will be writing to the visa office to add your spouse to your application.

 

[saju_321]

As i was planning to send the above discussed letter to CIC about delaying my application, i received an email from Centralized Intake Office saying that my application has been forwarded to CPP-Ottawa and that i need to pay the Right of Permanent Residence Fee (RPRF) as soon as possible. If i don't make the payment sooner, there are chances that my medical and police clearance may get expired. My medical was done on 17th July 2013 and my PCC was issued on 05th Oct 2013. Now, here is my plan :

1. Make the payment for RPRF online around 20th December 2013 and mail the receipt to CPP-Ottawa by December 31st along with a letter requesting CIC to delay my application.
2. Exit Canada on 04th Jan 2013.
3. Get married while i am in India.
4. Re-enter Canada on 02nd Feb 2013 on work visa regardless if i am being asked to submit my passport for stamping PR visa. I will not submit my passport unless i am back in Canada. I heard that i will have 60 days to submit my passport.
5. Submit my spouse details first along with a letter re-instating my condition.
6. Submit my passport.
7. CIC requests for police clearance and medical for my wife
8. Both of us get the PR together.

What do you think? Will i get into trouble, if i do so?

 

[Leon]

As i was planning to send the above discussed letter to CIC about delaying my application, i received an email from Centralized Intake Office saying that my application has been forwarded to CPP-Ottawa and that i need to pay the Right of Permanent Residence Fee (RPRF) as soon as possible. If i don't make the payment sooner, there are chances that my medical and police clearance may get expired. My medical was done on 17th July 2013 and my PCC was issued on 05th Oct 2013. Now, here is my plan :

1. Make the payment for RPRF online around 20th December 2013 and mail the receipt to CPP-Ottawa by December 31st along with a letter requesting CIC to delay my application.
2. Exit Canada on 04th Jan 2013.
3. Get married while i am in India.
4. Re-enter Canada on 02nd Feb 2013 on work visa regardless if i am being asked to submit my passport for stamping PR visa. I will not submit my passport unless i am back in Canada. I heard that i will have 60 days to submit my passport.
5. Submit my spouse details first along with a letter re-instating my condition.
6. Submit my passport.
7. CIC requests for police clearance and medical for my wife
8. Both of us get the PR together.

What do you think? Will i get into trouble, if i do so?

I don't think you will get into trouble but when you get asked to submit your passport, it may come with a letter stating that you should not submit if you have had changes in your family composition. If that is the case, you should not submit but in any case, if you submit, make sure to include a letter stating that you have gotten married and are about to add your wife to the application.

Also for 1. ask them to delay your processing specifically because you will be getting married on date x and you will need to add your wife to your application.

 

[arc22]

hello everyone..i have gone through the thread and felt it very helpful and informative.
i too have some doubts regarding sponsoring wife and dependent child to Canada.
my husband left for Canada on 2012 Aug in student visa and his visa as student is till may 2013.
his course gets over next month and currently he is working in a bank ( since Aug 2013).
What will be his status after his course, will it be work permit? while he is on work permit he can sponsor me and child and what will be the duration for that? i will be able to work over there?
Or should we wait till he gets PR approved?
Thank you

 

[Leon]

hello everyone..i have gone through the thread and felt it very helpful and informative.
i too have some doubts regarding sponsoring wife and dependent child to Canada.
my husband left for Canada on 2012 Aug in student visa and his visa as student is till may 2013.
his course gets over next month and currently he is working in a bank ( since Aug 2013).
What will be his status after his course, will it be work permit? while he is on work permit he can sponsor me and child and what will be the duration for that? i will be able to work over there?
Or should we wait till he gets PR approved?
Thank you

So from what you are saying, your husband already graduated and is now working. In order to work, he must have a work permit. If he doesn't have a work permit, then he is working illegally right now.

It sounds like he took a 1 year course which would give him the right to a 1 year post-grad work permit. If his job is considered skilled and he can prove that with a letter from his employer, you could apply for a work permit based on his permit, see http://www.cic.gc.ca/english/helpcentre/answer.asp?q=199&t=17 You would still need to prove that you will not overstay in Canada. You can apply for a TRV or study permit for minor for your child at the same time. The duration would be the same as his work permit.

Before his work permit expire, he will have to figure out how to extend in order to stay longer. If he has at that point managed to apply for PR and get first stage approval, he may be eligible for a bridging work permit or if not, his employer can get and LMO and he can apply for a regular permit. You can apply to extend for you and your child at the same time.