Marriage on Student Visa

[sreenathvs]

Hi,
I hope that you can give me the best advice in my situation. PLEASE and THANK YOU..

I came here as a student from India, now I have completed my studies and I have a post graduation work permit for 1 year. Now I am planning to marry my girlfriend who has a permanent residence in Canada. I have got few doubts about this,

1. My work permit is for 1 year, I heard that after marrying a permanent resident I will get an open work permit. So if I marry her now will my PGWP will be useless or will I get open work permit from the date of expiry of my PGWP?

2. If I marry her, do I have to wait until I get the PR card to travel to India? If that is the case I will visit my home country before the marriage.

3. Please suggest me what is my best option. What is the best time for me to get married or rather what is the best time for me to apply for PR? Because I don't want to go back to India and wait for my PR card.

 

[Kayaker]

1. My work permit is for 1 year, I heard that after marrying a permanent resident I will get an open work permit. So if I marry her now will my PGWP will be useless or will I get open work permit from the date of expiry of my PGWP?

2. If I marry her, do I have to wait until I get the PR card to travel to India? If that is the case I will visit my home country before the marriage.

3. Please suggest me what is my best option. What is the best time for me to get married or rather what is the best time for me to apply for PR? Because I don't want to go back to India and wait for my PR card.

1. No, after marrying a permanent resident you will not get an open work permit.
2. If you marry her, nothing changes in your visa status, so you can go to India (if you want to come back, you will need a valid visa to re-enter Canada.)
3. Unless you apply for PR, nothing will change in your visa status. Marrying your fiancee does not change your visa status in Canada. You need to apply for PR, which you can do as soon as you are married. You can apply "Outland" or "Inland". Contrary to what the names suggest, it does not mean you have to wait outside Canada if you apply Outland. You can apply "Outland" while living in Canada, and write your Canadian address on the application forms.

pros of Outland:
- faster processing times. CIC will send your application to New Delhi or Ottawa. In either case, it will be processed much faster than Inland.
- You can leave Canada at any time. If you want to re-enter, you will need some visa to re-enter. But leaving Canada will not affect your application.
cons of Outland:
- IF they ask for an interview, you will have to travel to the visa office for an interview. This might be New Delhi (or Ottawa). You cannot choose where or when to have the interview. That said, interviews are not common. Reasons for interviews are: they suspect marriage of convenience, criminal record, history of getting in trouble with immigration before (not just Canada, but also other countries).
- IF they have not finished processing your application when your 1 year post graduation work permit expires, you will have to stop working and wait until your PR application is approved. That said, I think even in New Delhi, many people get their PR earlier than in 1 year, or close to it. You can find a thread for New Delhi applicants, and ask around. They can tell you how long you might have to wait.

pros of Inland:
- 4 months after applying, you can get an open work permit. However, you don't need it right now because you already have your post graduate work permit. However, you can work after your 1 year post graduate work permit expires.
cons of Inland:
- you should not leave Canada until your PR application is approved, even for emergencies. This may take well over 2 years. There is a big backlog in Inland applications.
- you will wait a very long time to get PR. Currently, people are waiting over 2 years, but people applying now might wait even longer. CIC seems to prioritize Outland applications.

I think it depends on how important it is for you to be able to travel to India (or anywhere else) in the near future, and how long you are prepared to wait for PR. If it is ok for you not to leave Canada for the next 2 or 3 years, you could apply Inland.
If you want the freedom to travel and you want to be a PR sooner, you should apply Outland.

In either case, you can work with your post graduate work permit for a year.

 

[sreenathvs]

Thank you so much for your kind reply.

Finally I have decided to marry her and will go to India for a quick trip. After coming back I will apply for a inland.

Are you sure that the processing time is more than 2 years?