aditi_001 said:
Hi,
I am getting confused with lot of information and need some clarification. My PR under CEC is under process and I have closed work permit valid until Aug 2016. I am getting married on Jan 16, 2016 and I would like to call my spouse in Canada right after marriage.
- I am currently working under NOC category 0714
- I have work permit valid until Aug 2016
- I am getting my marriage registered in Court on Jan 18, 2016
Under what grounds I can call my husband here. Can I apply Open Work permit for him? Do I have to be in Canada while applying OWP in India? Do I have to wait for some time after marriage or can apply right after our marriage? What is the difference in getting TRV and OWP from India.
Please advise.
You have several possibilities depending upon when your PR process gets completed vs when you get married.
a) A spouse of a skilled worker is eligible for SOWP provided the job is skilled - i.e. NOC 0, A or B. Yours is, so you can apply for his SOWP immediately after marriage.
b) However, the other option is to add him to your PR application via notifying CIC. When you had applied for PR it clearly tells you that you immediately need to notify CIC of a change in your circumstances, primarily marriage. You can do this even if your PR has been approved i.e. you have received COPR but you haven't landed yet but gotten married now.
c) You have landed as a PR and get married after that. In that case your spouse is no longer eligible for SOWP and you have to apply for Spousal Sponsorship which could take a long time. Recently there have been suggested changes of granting work permits to Spouse of PRs but it is not in place yet and Spousal sponsorship can take any length of time since that is not processed via express entry.
So the best course of action for you is first b) and then a). Avoid c) at any cost.
This translates into
1. If you receive COPR before getting married, just delay your landing, get married and then intimate CIC of change i.e. marriage. They are going to ask for all documents of your spouse as well as medicals. Once that is done they would issue you a new COPR.
Careful though, if there is a problem in your spouse's medical or any thing else, you might be denied PR entirely.
2. If your PR still remains in process and you get married, just add your spouse to your PR application. If it seems to be taking too long, your spouse can get a SOWP meanwhile.
However, depending upon where you are applying from, currently SOWP might take equal or longer than EE based PR process. So this may not be of any use.
But if your spouse is from a visa exempt country, he might get a work permit at the border when landing in Canada.
Lastly, do not try to delay informing CIC in any way of marriage. The truth always prevails and is the best course of action. But if you don't want to risk/delay your PR because of your spouse, you can always delay your marriage until your PR is completed and landed.
The disadvantage is that spousal sponsorship after that will take a long time and he will not be eligible for SOWP, unless CIC puts new rules in practice.
