Spouse sponsorship - Inland vs Outland and accompany immediately ***HELP NEEDED*

[jul2014]

Hi all,

I have applied PR under CEC category in July 2014, most likely my PR process will be completed by Aug 2014. I have a situation and need guidance.

Let me describe my case:
1. After I become PR of Canada, I am getting married to an Indian Citizen
2. After marriage, I want my spouse to accompany me right away
3. Once she is with me in Canada, I will be sponsoring her

Questions:
1. After marriage, if spouse have to accompany me right away, should She apply visitor visa? Can she get extension to stay longer than 6 months on this visa, how?
2. Should I get married in India or in Canada, what will be the benefits of either one for getting PR for my wife?
3. If she is in Canada on visitor visa and I apply for inland sponsership, can she exit and reenter canada based on her existing visitor visa where inland PR is in progress?
4. If she is in Canada on visitor visa and I apply for outland sponsership, when she is required to leave the country (before 6 months of expiry or for interview for PR)? If she exits canada for vacation, can she reenter based on her existing visitor visa where outland PR is in progress?
5. If she is in canada on visitor visa and for her PR, I initiated family sponsership, when can she apply for work permit, after my sponsership is approved or after AOR issuance?

Request you all to advise. Appreciate your help.

 

[truesmile]

1. Yes she should. Yes, by applying to extend.
2. No benefits either way other than timelines.
3. No. Visit visa (unless multiple-entry) expires on exiting Canada. Also inland applicants are to remain in Canada. If she is denied re-entry, your inland application will be cancelled.
4. See 3.
5. With outland, upon receiving PR. With inland, you can apply for and receive an OWP after 4 months.

 

[tishness]

Firstly, apply for the Visitor visa, that will make your decision for you.
If she gets approved, go ahead with your plan to apply inland, knowing that she will need to apply for extensions through the process, until you receive AIP (approval in principal)/OWP (open work permit). As far as the wedding, it is better that you have a traditional wedding, that most of your family/friends can attend. So if that means doing it at home, then do so, as it is most beneficial for proving a genuine relationship. If you apply outland, it is very unlikely (though not impossible) she will be provided an extension, or another visitor visa during your processing, so you should anticipate that.

 

[jul2014]

Thank you tishness and truesmile.

For inland application, offical time lines is 26 months, but in practical what you guys have observed? 26 months is too long and am worried in this duration in case spouse left country and refused for reentry, entire PR application will jeopardize..

Thanks & Regards
Rahul Shah

 

[jack87]

In addition to the suggestions from truesmile and tishness, I *strongly* recommend that she applies for her visitor visa BEFORE you two get married. This is because CIC deems that a spouse (of a visitor visa applicant) who is a Canadian citizen or permanent resident establishes an applicant's family ties to Canada rather than their home country and thus the applicant can be considered to be at risk of overstaying their visitor visa. This would make it much harder for her visitor visa to be approved - she would need to show significant ties to India such as a job, property, etc. Same goes if you are living common-law with her.

 

[jack87]

Thank you tishness and truesmile.

For inland application, offical time lines is 26 months, but in practical what you guys have observed? 26 months is too long and am worried in this duration in case spouse left country and refused for reentry, entire PR application will jeopardize..

Thanks & Regards
Rahul Shah

You can apply outland even if she is in Canada with you - the current processing time for the New Delhi office is 16 months. She can leave Canada and even if she gets refused re-entry, it will not jeopardize the PR application for her. The only drawback of that is that if the New Delhi office requires an interview, she will have to go back to India to attend it. I'm not sure about how accurate the processing time for inland applications are, but for outland applications, the processing times indicate the total time it took to process 80% of applications submitted within a certain time frame, so chances are that the processing time for an outland application will be even shorter than that.

For example, I applied outland via Mexico City (processing time of 17 months) and it took about 12 months to process and even in the Mexico City thread that was considered a long time, so it's entirely possible that it will take about the same time if you guys apply outland via New Delhi.

 

[jul2014]

Thank you all for your help. I am now atleast clear with inland vs Outland.

Last questions, if I go for Outland and she had visitor visa before marriage. What she should say to immigration agent when purpose of visit is asked. Coz at tht time she will be married.

Also If she is in Canada on visiting record, she might have to leave in 3 weeks or 3 months (just example). So in tht case I should apply visitor record extension. Right?

 

[canadianwoman]

When she enters Canada on a TRV, she must be clear that she is just visiting. Even if she is married, she should still state she is visiting, because that is all she can do until she gets the PR visa. Having a return ticket is a good way to show you are visiting. She can state she is coming to visit her husband, but I suggest she bring a copy of some proof of the PR application, such as the receipt.
If they give her 3 weeks, or whatever, she can still apply to extend this.

 

[jul2014]

Thanks alot everyone.

I have given a thought on all the options/ suggesion given here.

Below is what I am going to follow:
1. Get my spouse visitor visa before marriage
2. Get married in court in india and complete registration process
3. She can apply for unpaid vacation for 4-5 months in India (Most likely it will be approved)
4. We both come together to Canada and face agent (We say truth, we are married and she have intention to stay here for 4-5 month, here is return ticket, Back india, she have a job. However long term intention is to get PR but before we apply; she want to see the country and get comfortable)
5. Hopefully agent grants 6 month visitor visa and once in side country, I will sponsor her for outland application
6. Apply visitor visa extention and also apply student visa so that she study in her field of interest

For applying outland PR, we will do medical and PCC within canada and not from home country.

Any further input/ clarifications are surely going to be helpful.

Thanks
July2014

 

[canuck_in_uk]

2. Get married in court in india and complete registration process

Having a court marriage in India is a red flag for CIC, as it goes against the cultural norm of the traditional large wedding. You will need VERY strong relationship proof to counteract this.

 

[jul2014]

Hi canuck_in_uk,

What if I get married in Canada?

Thanks
July2014

 

[canadianwoman]

They will still wonder why you didn't have the large elaborate wedding that is typical in your culture. If you have a reason for not wanting to do this, tell us - for example, if you two are not the same religion, or your parents don't approve, might be possible reasons to have a small wedding. However, you then have the problem of your parents not approving and of marrying someone of a different faith.
If you do have a small wedding, you will need more proof that your relationship is genuine. If it is a love match, and not an arranged marriage, you should be able to prove this. (Note this advice really only applies to cultures where big weddings are the norm - if you were both from a western country, nothing would seem suspicious about a court marriage.)

She will need her police certificate from India, and from any other country where she has stayed for 6 months or more (except Canada). The medical can be done in Canada or India.

 

[jul2014]

Hi canadianwoman,

It is our 2nd marriage and that is why we do not want to do large marriage. Court marriage is the only way we want this marriage to happen.

About medical and PCC is fine with us and we have to get it.

 

[canuck_in_uk]

It is our 2nd marriage and that is why we do not want to do large marriage. Court marriage is the only way we want this marriage to happen.

About medical and PCC is fine with us and we have to get it.

A court marriage between 2 Indians will be a red flag regardless of where it is because it goes against the cultural norm. You will need to address this and have very strong relationship proofs.

 

[canadianwoman]

Agreed. Is it the second marriage for both of you?
What is the norm for second marriages in your and your fiancee's culture? A slightly smaller wedding celebration? Or a court marriage only?