spouse visa

[Bhadana007]

I (never married) am planning to get married to my girlfriend (she is getting divorce in February 2025) and we are planning to get married here in march.
Her work permit is expiring in June 2025. i am having my PR since 2022. i am planning to apply for spousal visa. Will there be any issues i could face while applying for her work permit extension or permanent residency?
What kind of question i will get asked because of her status is expiring in near future and i will be sponsoring her for the PR.

 

[armoured]

I (never married) am planning to get married to my girlfriend (she is getting divorce in February 2025) and we are planning to get married here in march.
Her work permit is expiring in June 2025. i am having my PR since 2022. i am planning to apply for spousal visa. Will there be any issues i could face while applying for her work permit extension or permanent residency?
What kind of question i will get asked because of her status is expiring in near future and i will be sponsoring her for the PR.

Suggest you post in the family sponsorship forum.
Main questions will depend on how soon you get married after her divorce and how much evidence you have of a genuine relationship.

For example If she has been separated for some time and you live together, it should be fairly easy to show it. (BTW if you have been living together for more than 12 months already, can apply as common law already). If you have not spent much time together/short relationship/not living together, it may get more scrutiny.

Work permit: I don't know about extending; under the spousal sponsorship she can apply to extend her stay and for a work permit, that may take months.

 

[YVR123]

You need to read up about spousal sponsorship. (there is no spouse VISA)
After the PR sponsorship application reach AOR, she can apply for open work permit.
But there is not route to "extend" a work permit only because she is married to a PR.
Also you will need the marriage certificate to apply and that takes time.
As mentioned, go to the Family Class Sponsorship section and read up on the discussions.

 

[Bhadana007]

Suggest you post in the family sponsorship forum.
Main questions will depend on how soon you get married after her divorce and how much evidence you have of a genuine relationship.

For example If she has been separated for some time and you live together, it should be fairly easy to show it. (BTW if you have been living together for more than 12 months already, can apply as common law already). If you have not spent much time together/short relationship/not living together, it may get more scrutiny.

Work permit: I don't know about extending; under the spousal sponsorship she can apply to extend her stay and for a work permit, that may take months.

THANK YOU SO MUCH FOR YOUR REPLY! WE DID NOT LIVE TOGETHER AS SHE WAS IN DIFFERENT CITY TO GET LMIA, HER SEPARATION SHOULD BE ATLEAST 1 YEAR GAP TO GET DIVORCE AND IT WILL BE IN FEB 2025, I AM PLANNING TO GET MARRY HER IN FEB-MARCH. WE ARE NOT SURE IF WILL GET WORK PERMIT EXTENSION.

 

[YVR123]

THANK YOU SO MUCH FOR YOUR REPLY! WE DID NOT LIVE TOGETHER AS SHE WAS IN DIFFERENT CITY TO GET LMIA, HER SEPARATION SHOULD BE ATLEAST 1 YEAR GAP TO GET DIVORCE AND IT WILL BE IN FEB 2025, I AM PLANNING TO GET MARRY HER IN FEB-MARCH. WE ARE NOT SURE IF WILL GET WORK PERMIT EXTENSION.

as reply she CANNOT get work permit extension.
Do not type in ALL CAP. It's yelling.

 

[Bhadana007]

You need to read up about spousal sponsorship. (there is no spouse VISA)
After the PR sponsorship application reach AOR, she can apply for open work permit.
But there is not route to "extend" a work permit only because she is married to a PR.
Also you will need the marriage certificate to apply and that takes time.
As mentioned, go to the Family Class Sponsorship section and read up on the discussions.

MARRIAGE CERTIFICATE FROM CANADA OR INDIA? i am planning to get marry in court in Canada and then in India.

 

[armoured]

THANK YOU SO MUCH FOR YOUR REPLY! WE DID NOT LIVE TOGETHER AS SHE WAS IN DIFFERENT CITY TO GET LMIA, HER SEPARATION SHOULD BE ATLEAST 1 YEAR GAP TO GET DIVORCE AND IT WILL BE IN FEB 2025, I AM PLANNING TO GET MARRY HER IN FEB-MARCH. WE ARE NOT SURE IF WILL GET WORK PERMIT EXTENSION.

-You did not say when she got separated, so I have no info on that.
-Is she living in a different city than you now, or not?
-I would not recommend applying until you are living together (but I don't ihave all the information to say for sure).

 

[Bhadana007]

as reply she CANNOT get work permit extension.
Do not type in ALL CAP. It's yelling.

I am sorry, i didn't realize it was caps. thanks for letting me know.

 

[Bhadana007]

-You did not say when she got separated, so I have no info on that.
-Is she living in a different city than you now, or not?
-I would not recommend applying until you are living together (but I don't ihave all the information to say for sure).

she is going to India in Feb 2025 and will get the divorce paper and will come back to Canada.
yes! she is in thunder bay for now to get her LMIA and i am working in Sudbury.

 

[iSaidGoodDay]

she is going to India in Feb 2025 and will get the divorce paper and will come back to Canada.
yes! she is in thunder bay for now to get her LMIA and i am working in Sudbury.

Are you sure that's how it is going to happen? The petition to separate is a 12-18 month long process. Have they received a court date for the petition to separate and have they met the separation interval criteria? I'm painting a full picture here in case if you are unaware as the divorce process in India is lengthy and if she hasn't started it yet, you folks are look at a year+ for divorce certificate.

 

[Bhadana007]

Are you sure that's how it is going to happen? The petition to separate is a 12-18 month long process. Have they received a court date for the petition to separate and have they met the separation interval criteria? I'm painting a full picture here in case if you are unaware as the divorce process in India is lengthy and if she hasn't started it yet, you folks are look at a year+ for divorce certificate.

She completed one year of separation last month in November. They are mutually getting divorced, and the lawyer said they can waive the cooling-off period. She will get the divorce papers in February 2025, so we decided to get married in February or March.

 

[Bhadana007]

Are you sure that's how it is going to happen? The petition to separate is a 12-18 month long process. Have they received a court date for the petition to separate and have they met the separation interval criteria? I'm painting a full picture here in case if you are unaware as the divorce process in India is lengthy and if she hasn't started it yet, you folks are look at a year+ for divorce certificate.

I just want to ensure everything is in order before I sponsor her. What documents should I have ready on my side, and what preparations do we need to make to ensure the process goes smoothly? I’m a bit unsure about the process because she will be divorced in February, and her work permit will expire in June 2025. Since we are getting married in March, I am concerned that IRCC might think she is marrying me for PR, which is not true, of course. I just want to avoid any hurdles. I would be grateful if you could guide us on this

 

[armoured]

I just want to ensure everything is in order before I sponsor her. What documents should I have ready on my side, and what preparations do we need to make to ensure the process goes smoothly? I’m a bit unsure about the process because she will be divorced in February, and her work permit will expire in June 2025. Since we are getting married in March, I am concerned that IRCC might think she is marrying me for PR, which is not true, of course. I just want to avoid any hurdles. I would be grateful if you could guide us on this

Read the instructions.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html

Go through and start filling out the forms in advance (obviously as if already married/already done, and update with specifics later). That is the best way to understand what they are looking for and what kind of evidence of your relationship is going to demonstrate it's a real relationship.

I repeat: I'd suggest you start living together as soon as possible. And be prepared that she will likely NOT get work permit quickly enough to keep working without interruption, and will therefore have to extend/convert her type of status in Canada (needs to remain 'in status' eg as visitor) to be eligible for work permit.

 

[Bhadana007]

Read the instructions.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html

Go through and start filling out the forms in advance (obviously as if already married/already done, and update with specifics later). That is the best way to understand what they are looking for and what kind of evidence of your relationship is going to demonstrate it's a real relationship.

I repeat: I'd suggest you start living together as soon as possible. And be prepared that she will likely NOT get work permit quickly enough to keep working without interruption, and will therefore have to extend/convert her type of status in Canada (needs to remain 'in status' eg as visitor) to be eligible for work permit.

if we start staying together would that make any difference ? We are not married yet! She will be divorced in February, which is in two months, and only then can we get married."

 

[armoured]

if we start staying together would that make any difference ? We are not married yet! She will be divorced in February, which is in two months, and only then can we get married."

Physical time together is more credible, yes, and esp living together. Whether this is feasible or makes sense in context of her work and you living in cities that are a ten hour+ drive apart, I don't know.