Dependent visa for my fiance

[saju_321]

Hi

Currently i am on open work permit in Alberta, Canada and I have few questions about bringing my fiance after my marriage. She is in India.

1. What is the processing time for getting a dependent visa and open work permit for my wife? If she is getting an open work permit, how long will it be valid for? My work permit is now valid till Dec 12 before which i am planning to get it extended through my PNP nomination. Hopefully i will get it extended for another year or so.

2. Can my wife work here, if she is coming on a visiting visa?

3. Is there any way so that i can start the process before our marriage? I don't know if i can bring her through partner visa since i am on open work permit.

All suggestions would be highly appreciated.

 

[scylla]

I'll help with one question.

3. To begin the process, you must either be married or common law. Common law means you have lived together at the same physical address for at least one full year.

 

[saju_321]

Okay scylla..thank you very much for your reply.....now I will wait and see if someone helps me with my other questions...

 

[amira_mais]

Hello, in answer to questions 1 and 2:

The processing time for an open work permit from one of the Indian visa offices varies – recently it seems to be 3 months or more. Her open work permit would be valid up to the same date as yours (unless her passport expiry date is earlier than that).

Your wife can't work if she only applies for a visit visa – that would be illegal.

 

[saju_321]

Thanks for the reply Amira..if she is applying for open work permit when I am on work permit and if I extend my work permit or if I get my PR, can she also extend her work permit to the same extend till when I have my extended status?

 

[amira_mais]

Yes, if you extend your work permit, she can extend hers to the same date.

Just to clarify because your last comment was a bit unclear - once you get married, you'll have to add her to your PR application, so you'll become PRs together and neither of you will need work permits any more.

 

[saju_321]

Okay amira...I will clarify what I was saying in my last point. Currently I am in Canada and my employer has agreed to support me with PNP( provincial nominee program ). So currently I am in the process of filing my PR through my employer and my fiance is not in Canada with me. We have plans to get married only in December. I will be in work permit status even then. So, what do you suggest me to do? Please help

 

[Leon]

As soon as you get married, inform the PNP that you got married and add your wife to your PNP application. Also apply for the open work permit for your wife as long as you already have your new work permit by then.

 

[amira_mais]

Okay amira...I will clarify what I was saying in my last point. Currently I am in Canada and my employer has agreed to support me with PNP( provincial nominee program ). So currently I am in the process of filing my PR through my employer and my fiance is not in Canada with me. We have plans to get married only in December. I will be in work permit status even then. So, what do you suggest me to do? Please help

Leon beat me to it...I just wondered if you knew you had to add your wife to your PR application as soon after the marriage as possible. All the other advice remains the same. Good luck.

 

[saju_321]

Thank you Leon and Amira for your valuable suggestions. However, I am still not clear about how to take the process further. It is because I am mainly concerned about the time lines of the various milestones that I have to go through during the process. I will explain the same in detail as below

It is Mar 2013 now and my employer reference letter is ready. This document is vital for my PNP application. So if I am applying through PNP this month I will get the provincial nomination by the end of April 2013. I will have to apply for my PR along with this provincial nomination to the federal government. Now since I am getting married only in Dec 2013, I won't be able to send my marriage certificate or the details of my spouse to CIC when I apply under provincial nominee class. Once I apply to CIC it takes around 1 year to get the PR approved. That will be around April 2014. My existing work permit will get expired by Dec 2013 after which I am planning to get my work permit status extended using my provincial nomination.

Are you saying that after when I get married if I update my spouse details along with our marriage certificate to CIC, my wife will become a PR the same time when I become one..i.e, by April 2014?

 

[Leon]

Are you saying that after when I get married if I update my spouse details along with our marriage certificate to CIC, my wife will become a PR the same time when I become one..i.e, by April 2014?

Yes, you will get your PR visas at the same time.

Further more and this is important, it is not an option to get married during your PR processing and not add your wife to your application.

During the processing time, it is your duty to update immigration on changes in your family composition such as getting married or birth of a baby. If you do not do this, there are harsh consequences.

Say that you get married and you think it will delay your process to add your wife and you decide not to do this. Your PR visa will be issued to you as a single person. When you land in Canada on this visa, it would be seen as you are confirming that you are still single. This is considered misrepresentation and seen very seriously by immigration. If you later try to sponsor the wife you did not add to your file and they see you got married before you landed, you can never sponsor your wife and you may even lose your own PR for not adding her when you should have.

So go ahead and apply but as soon as you get married, you must update your info with immigration and add your wife to your application.

 

[saju_321]

What s the requirement of IELTS for her when she is applying for a visiting visa/open work permit or dependant visa when I am on open work permit or PR status?

 

[Leon]

What s the requirement of IELTS for her when she is applying for a visiting visa/open work permit or dependant visa when I am on open work permit or PR status?

For a PR application, there is no IELTS requirement for dependents. For an open work permit for a spouse, I don't think there is one either.

 

[saju_321]

Just another quick qn.

If my fiance comes to Canada on a visiting visa, can we do a court marriage which will enable me to add her details in my PR application?
Both of us are citizens of India, but i will be on a working visa in Canada and she will be on a visiting visa during the court house marriage, if at all that is possible.

 

[Leon]

Just another quick qn.

If my fiance comes to Canada on a visiting visa, can we do a court marriage which will enable me to add her details in my PR application?
Both of us are citizens of India, but i will be on a working visa in Canada and she will be on a visiting visa during the court house marriage, if at all that is possible.

Yes, you can do that. You just need your birth certificates and passports as far as I know as well if you were married before, you need divorce papers for that marriage.