Spouse Visa options India

[mayuri.asrani]

I am from India and my fiance is also an Indian in canada having studied in Canada and having a valid work permit(PGWP) for 3 years. We would be getting married in Oct or Jan. I wanted to know which of these options has more chances of getting the Temporary Resident Visa.

1. We get married in Canada while I am on a visitor visa and then return back to India and apply for TRV and open work permit.
2. We get married in India. I apply for visitor visa and once in Canada I apply for TRV and open work permit while in canada.

I also want to know will my TRV be valid till my husband's work permit is valid or I need to keep extending it every 6 months?

Thanks in advance.

 

[ashpur88]

I am assuming you don’t have a visitor visa yet.

In Option 1, you can apply for a visitor visa before the wedding and stand a good chance of getting it as long as you don’t mention the fact that your fiancé lives in Canada. If you mention that your fiancé lives here, the officer might not be convinced that you will return to your home country and reject the application. Also, I am not sure how it will affect your further applications if you get married in Canada on a tourist visa. It might reflect poorly since you came here to visit, did not mention that your fiancé lives here and then got married. I would avoid this route.

In Option 2, the chances of getting a visitor visa after your marriage is very low. The officer will have no reason to believe that you will return to home country when your husband is living in Canada.

My advice will be to get married in India and apply for SOWP from India right after your marriage. It takes about two months to get it.

If you already have a visitor visa, then get married in India, come here as a visitor after marriage and then apply for SOWP from Canada itself.

 

[mayuri.asrani]

Yes you are correct. I dont have a visitor visa yet.
According to your suggestion. I should go and visit my Fiance for his convocation in October and then get married in India in Jan.
Will the same visitor visa work when I travel back with my husband after marriage in Jan? Would I need to inform anyone of the change in my marital status?

 

[ashpur88]

Yes you are correct. I dont have a visitor visa yet.
According to your suggestion. I should go and visit my Fiance for his convocation in October and then get married in India in Jan.
Will the same visitor visa work when I travel back with my husband after marriage in Jan? Would I need to inform anyone of the change in my marital status?

The same visitor visa will work provided you get the required validity. However, if you indicate in your application that your fiance/spouse lives in Canada, the visa officer will likely refuse your application.

I am not sure if you need to inform the immigration office about the change in your marital status. Hopefully someone else can help you with that question.