Open Work Permit/Visitor Visa for Spouse

[vanandsh]

Hi, I am an Indian citizen and have a valid work permit till 2023. I am getting married in the 1st - 2nd week of May, and want to understand what is the best way to get my fiancée(also an Indian citizen) here.

I am planning to travel to India sometime in April and move back here by end of May. Considering we get legal status by the end of April, will it be better to apply for an Open Work Permit for her after getting married on paper, or ask her to get a visitor visa asap and apply for a work permit once she is here.

The priority is to get her a visa with which she can travel, work can be delayed by a few months.

Any advice would be helpful. Also interested in the time it would take for both the routes. Thanks!

 

[scylla]

Hi, I am an Indian citizen and have a valid work permit till 2023. I am getting married in the 1st - 2nd week of May, and want to understand what is the best way to get my fiancée(also an Indian citizen) here.

I am planning to travel to India sometime in April and move back here by end of May. Considering we get legal status by the end of April, will it be better to apply for an Open Work Permit for her after getting married on paper, or ask her to get a visitor visa asap and apply for a work permit once she is here.

The priority is to get her a visa with which she can travel, work can be delayed by a few months.

Any advice would be helpful. Also interested in the time it would take for both the routes. Thanks!

Open Work Permit is normally the better choice.

Note that TRV processing times from India are currently 250+ days.

 

[vanandsh]

Open Work Permit is normally the better choice.

Note that TRV processing times from India are currently 250+ days.

How long does the Open Work Permit take usually? TRV, If I understand correctly is required for both Visitor and Work Permit?

 

[scylla]

How long does the Open Work Permit take usually? TRV, If I understand correctly is required for both Visitor and Work Permit?

I believe SOWP processing time is around 6+ months. So a bit shorter than TRV but not by much.

Unless processing times speed up very dramatically by May, either route is going to take quite a bit of time unfortunately.

 

[vanandsh]

I believe SOWP processing time is around 6+ months. So a bit shorter than TRV but not by much.

Unless processing times speed up very dramatically by May, either route is going to take quite a bit of time unfortunately.

Can we apply for Spouse Open Work Permit with her being a partner right now and no legal status? We have evidence showing we are together for 3 years now.

 

[scylla]

Can we apply for Spouse Open Work Permit with her being a partner right now and no legal status? We have evidence showing we are together for 3 years now.

Have you lived together for at least one year?

In order to apply, you either need to be married or common law. Common law means you have lived together continuously for at least one full year and have evidence to prove cohabitation (e.g. joint lease).

 

[vanandsh]

Have you lived together for at least one year?

In order to apply, you either need to be married or common law. Common law means you have lived together continuously for at least one full year and have evidence to prove cohabitation (e.g. joint lease).

I checked the requirements for a common-law partner and definitely don't have the documents to prove that. I guess the best option is to get married and apply for SOWP and hope the processing times improve.

Thanks for taking out the time to reply to my questions.

 

[canuck78]

I checked the requirements for a common-law partner and definitely don't have the documents to prove that. I guess the best option is to get married and apply for SOWP and hope the processing times improve.

Thanks for taking out the time to reply to my questions.

You will need proof of the wedding and registered marriage. Your spouse will also need special authorization to come to Canada at the moment and proof that her travel is essential. Not all spouses have been approved even with an SOWP. On a positive note if you have proof of a 3 year relationship before marriage and time dating in person that will be very helpful for approval of the SOWP. Assume you work in NOC 0, A or B.