Girlfriend applies for Tourist Visa, I go marry, bring her here and apply for PR

[rakeshp]

I had my girlfriend apply for a visitors visa, and she got approved. Now I will be going to my home country to get married and planning on bringing her here using the visitors visa she obtained months earlier.

So once she lands in Canada I am planning on applying for inland sponsorship.

Is this an OK thing to do? Any response would be appreciated.

 

[AnaMaria]

If she is able to enter Canada, you can. But when she enters, she will have to be truthful that she is married as opposed to she was single when she applied for visa. Depending on where she is from, this might be viewed as risk of overstaying. You should prepare good evidence for her ties to her home country, such as job, bank statements, house, family, etc.

 

[CdnandTrini]

I had my girlfriend apply for a visitors visa, and she got approved. Now I will be going to my home country to get married and planning on bringing her here using the visitors visa she obtained months earlier.

So once she lands in Canada I am planning on applying for inland sponsorship.

Is this an OK thing to do? Any response would be appreciated.

Hi @ rakeshp. Where is your home country? Outland sponsorship could be faster. AnaMaria's answer is correct and you may need to do some very detailed preparation before you proceed. Have you checked out any of those details yet or is this your first step in your research?

 

[mikeymyke]

Inland is a bad idea because you don't get to appeal if you're refused, and most of the time, the processing time is longer.

 

[rakeshp]

Thank you guys for replying and providing some useful information.

@AnaMaria/CdnandTrini - Yes we are planning on explaining about the marriage to the immigration personnel at the airport. She is from India. Once she lands here we are planning on applying for the inland sponsorship as well as her visiting visa extension. I have also heard that after 6-8 months into the inland application she will receive her work permit as well. Is that true. Also is it OK to tell the officer that I am planning on applying for sponsorship for her without risking the denial of entry.

@mikeymyke - The thing I don't like about outland is that if they ask for an interview, then she has to travel back to India for that. I am opting for Inland hoping that they would extend her visitors visa and also after 6 months hopefully provide her with a work permit while the whole application is under process. I am somewhat confident that they wont refuse her as she belongs to a profession that is in demand for Canada.

I really to need to come up with a decision soon as our marriage is in August and she got her visiting visa last week.

Thanks once again for your valuable input.

 

[amikety]

Her profession will have no bearing on a spousal sponsorship. CIC makes decisions based on your eligibility to sponsor, if she is admissible to Canada, and if the relationship is genuine.

There is not a right to appeal persay, but you can ask for a Judical Review if denied. It should come as no surprise that Inland also has a lower refusal rate as CIC likes to see couples living together (if possible).

As long as you submit the Inland PR application with open work permit and pay the fees while she is on visitor's status, you are safe. She will have "Implied Status" on her OWP until a decision is made for Stage 1.

Just meet in mind, if she does need to travel outside Canada, Inland isn't the best option. If she's denied re-entry into Canada for any reason, her application is abandoned. If she cannot bear not visiting her family for 14 months (and sometimes longer) you may want to reconsider this.

 

[rakeshp]

@amikety- Great reply, your information has really helped me, Ive been going crazy trying to find valid information with regards to my situation.
I have a few follow up questions though.
1) Can she visit her sister in US, without having the risk of re-entry denial. As she has a US travel visa.
2) So I guess I need to apply for inland sponsorship along with a) Open Work Permit b) Visitors visa renewal and pay the appropriate fees right?
3) She applied her visitors visa this month on the pretext of visiting some friend in Canada for a few days, now she is coming to Canada in Aug as a married woman, would the officials hold this misinformation against her as her circumstances have changed.
4) Once she gets the open work permit, is she free to travel as she pleases or still no guarantee.

Thanks for making my day amikety.

 

[amikety]

1 - Probably, but there are no guarantees. You would need to weight the risks. It would probably be best to wait until after she gets her OWP if she decides to do this. Personally, I wouldn't. Risking the application and the fees aren't worth it to me.

2 - If she applies for the OWP, she doesn't need the visitor's visa. If her current TRV is still valid, she can keep using that. Even if it expires, she can remain with just the OWP until PR. Now, if you want a new TRV, then yes, you can apply, but OWP alone is enough.

3 - As long as she wasn't married when she applied, then she is okay. Officers seem to overlook the "friend" versus "boyfriend" thing, although it's up to the officer at POE. If the IO decides she lied to get the TRV, then she can be denied. (This is based on my observations, not any proof.)

4 - Same as #1, it's a risk each time she exits Canada.

 

[rakeshp]

Onto the point answers amikety, I really appreciate you taking the time to clarify my doubts. I owe you big time. Cheers!!

 

[amikety]

Thanks! Good luck to you in your sponsorship!

 

[rakeshp]

@amikety - I have one doubt regarding the tourist visa expiration.
Lets say she arrives in Canada on Sep 10th, and we apply for Inland application with OWP etc, what if she doesn't receive her OWP within the next 6 months( which is the amount of time she can legally stay in the country on a visitors visa), do we have to extend the visa or just hope that her OWP will come through soon and just overstay?

Her TRV is valid for 1 year from May 2013 - May 2014.
We will apply for Inland Sponsorship in Sep-2013 as soon as she lands in Canada.
Trying to time everything just right.

This doubt was stemmed from the 2nd point of your earlier post.

Thanks.

 

[papirico]

Everything looks nice and dandy except for that misrepresentation fact when applying for her visa knowing what her true intentions were.
An OWP is not a travel document. It does not allow someone to come and go as they please. A TRV is issued to people who do not plan to reside long-term in Canada. It also doesn't allow the cantina thing either (come and go as you please). And a TRV definitely does not allow automatic entry into Canada.
If you apply inland, she is supposed to remain in Canada for the entire length of the process, that's why it's called "inland".

 

[amikety]

@ amikety - I have one doubt regarding the tourist visa expiration.
Lets say she arrives in Canada on Sep 10th, and we apply for Inland application with OWP etc, what if she doesn't receive her OWP within the next 6 months( which is the amount of time she can legally stay in the country on a visitors visa), do we have to extend the visa or just hope that her OWP will come through soon and just overstay?

Her TRV is valid for 1 year from May 2013 - May 2014.
We will apply for Inland Sponsorship in Sep-2013 as soon as she lands in Canada.
Trying to time everything just right.

This doubt was stemmed from the 2nd point of your earlier post.

Thanks.

Once you have the OWP application in, she's fine to stay. She techincally has "Implied Status" until Stage 1 decision. If her TRV runs out before she gets the OWP, no worries. However, she really needs to stay IN Canada. Leaving for any reason is a really, really bad idea.

 

[rakeshp]

Ok my girlfriend (now my wife) was able to enter the country with her visiting visa without a problem. The immigration officer did not ask any questions and stamped 6 months stay for my wife. I will now apply for inland sponsorship for her.

Thank you guys for all your help!!

Cheers..

 

[QuebecOkie]

Glad things worked out for her to enter Canada! Best wishes with the application. Time to AIP (first stage approval, when an OWP would be approved if you submit it with her application) seems to vary wildly right now. 6 months to over 10 months. There's no way of predicting what CIC will do, as they are, unfortunately, horribly inconsistent. But at least you two are together for the long wait.