get married after spouse sent the passport

[woshihaoxiongdi]

Hi,

My spouse has already sent the passport to get the landing visa. We want to get married.Can he still add me in the application?　Is it too late? I have work permit expiring next year.

 

[computergeek]

Hi,

My spouse has already sent the passport to get the landing visa. We want to get married.Can he still add me in the application?　Is it too late? I have work permit expiring next year.

You say "spouse" - if you are already married or living in a common-law relationship then he must not land without adding you to the application. Otherwise, he will not be permitted to sponsor you because you will be excluded as a member of the family class.

If you are not presently in a qualifying relationship, then it may be easier for him to land, you can marry (so you are in a qualifying relationship) and then he can sponsor you. In that case, you may be able to include an open work permit application with an inland sponsorship application and continue working until such time as they make a decision on the open work permit application.

 

[woshihaoxiongdi]

thank you very much for your response. We are not married yet. Actually, I decided to leave Canada permanently. However, I cant seem to leave him after all. So if we get married,say next week, do we need to inform CIC? Meanwhile, if CIC reprocess our application(in the case he add me into the application) how long will it takes?(My work permit will be expiring next summer, so did his）

IF we get married after he got the PR Card. And he sponsors me, how long can I get the open work permit? It probably will take him at least 2 month to land. Thanks again.

 

[computergeek]

OK, I'm going to be absolutely clear here because I really don't want you to get into trouble: Have you lived together for at least 12 months? CIC doesn't care about marriage, they care about "qualifying relationship". If you have lived together for at least 12 months then you are in a qualifying relationship and you have exactly one option (amend the application). Otherwise, you have two options.

If you are not in a qualifying relationship (and have never been in a qualifying relationship) then once you enter one (married or living together for one continuous year) he must add you to his application (which will likely take 6 months for the visa office to process - and I think they charge a fee once the final visa is issued PLUS the fees for adding you to the application) if he hasn't landed yet.

If he has landed, then he may sponsor you via the inland or outland process. Since you have a work permit you can continue working under its terms until it expires. If it is a normal work permit you may apply for an open work permit under the inland processing route at the same time as your inland PR application and then you will be covered by implied status and may continue working until they decide on your OWP application. If it is not a normal work permit then it may not be possible to extend it and you must stop working at its expiration. Once granted an OWP then you can resume working.

Since you do have a work permit, it probably does make sense to amend the application with the visa office. He will need to return his paperwork to them (COPR and visa) because they must be cancelled. He must also send in updated documents to add you to the application as a co-applicant.

 

[woshihaoxiongdi]

Thanks again.

No, we have not lived together for the past 12 month.

Is it too late since he already mailed the passport.( CIC probably got the passport already) By 6 month, do u mean both of us will get the landing visa in 6 month? ( both our work permit will expiring next summer) I dont want to delay his application if possible.
Also, does the main applicant have to meet income requirement like sponsorship?

I have an open work permit. So, do u mean I can work after expiration date after I submitted my inland application?

Again, thank you very much. I truly appreciate your time and effort

 

[Leon]

If you are not in a common law partnership but you get married at some point before he lands as a PR, he must include you. If you want to do this, as he has already sent his passport, you would have to contact CIC immediately and ask them to stop his visa because you are about to get married. If they issue his visa as a single and you get married before he lands, his visa will become invalid and he will have to send it back and add you. Of course it will delay his application but it will probably not take as long as sponsoring you.

If you choose to marry after he lands and he applies to sponsor you inland and you apply for an open work permit at the same time, it will give you implied status to continue working as long as you don't leave Canada. Getting the open work permit through inland takes around 10 months.

 

[woshihaoxiongdi]

Thanks for the response.

About adding me before landing, do u know approximately how long it will take for both of us to get the landing visa? I dont want to delay it that much. I think it took about 10 month for all the federal application and heath check for him. Can I apply for an extension of work permit if mine expires during this process?

 

[woshihaoxiongdi]

also, if he add me in the application, are there any financial requirements or experience requirements? I have a work permit. But I havent worked for a year.(Doing investment at home)

 

[Leon]

I figure it will take anywhere between a couple and a few months to add you to the application because you will need background checks too and depending on how complicated they are, it can take a while.

If you are married to a temporary foreign worker who has a valid permit, you can apply for a spouse permit. This is regardless of having a PR application going.

 

[woshihaoxiongdi]

Thanks for your response.

If I am added to the application, will CIC process it faster since the main applicant is approved? Meanwhile, can I gather my documents(security checks) and doing health check together to save time? (The main applicant did security check first, then waited for the notice to get body checked.)

Yes, I understand that. However, my permit expiring in May, and his permit expiring in Aug. Even if I renew the permit, it will be just 3 month longer.

Again, thank you very much.

 

[Leon]

If I am added to the application, will CIC process it faster since the main applicant is approved? Meanwhile, can I gather my documents(security checks) and doing health check together to save time? (The main applicant did security check first, then waited for the notice to get body checked.)

Yes, I understand that. However, my permit expiring in May, and his permit expiring in Aug. Even if I renew the permit, it will be just 3 month longer.

Your background checks will take however long they take, regardless of him having been approved.

If he extends his work permit before August so he can continue working, then you can extend your work permit too as a spouse.