Urgent !! If ICT works after marriage with Permanent Resident

[paul84]

I am a permanent Resident and planning to get married this November (2015). She is in India and working.
Her company also wants to send her in Canada(client's location) and wants to start her ICT application process.

Scenario1: If she gets her ICT (Closed Work Permit) before our marriage. Then travel Canada with her new job assignment after our marriage.

Scenario2: ICT process initiated before our marriage but completes after our marriage (marital status changes). Then travel Canada with her new job assignment after our marriage.

Is there any obligation in any of the above scenario because she is being married to a Permanent Resident ?
If she is able to come to Canada then we want to start the Spousal Sponsorship application. Is it possible ?

 

[paul84]

Can someone provide some advice on the above situation I have mentioned...It would be very helpful if I get some advice. Thanks in advance.

 

[Lammawitch]

Are you sure your future wife is eligible for an ICT work permit?

http://www.cic.gc.ca/english/work/special-business.asp

If she is, being married to a PR shouldn't affect this. Whether or not she is granted a WP, will not affect a spousal sponsorship.

 

[paul84]

One week back, one of her colleague with same years of work experience and working in same project (and technology) got his ICT approved and VISA stamping done. So, based on that I am assuming she is also eligible for ICT.

Also, since her marital status will be changing by the time she is coming (assuming she gets her ICT/VISA) , does she need to declare that in any form of documentation specially during her entry in Canada ?

 

[Lammawitch]

One should never "assume" anything, in regards to immigration !

Sorry, I referenced the wrong link
http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/transferees/index.asp

And:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2014/ob575.asp

I'd suggest having a good read of the application guide & required forms, and then either applying & moving before marriage, or applying after you marry: changing status in the middle of an application generally leads to delay, even if it's not a problem per se... I'm a big fan of the K.I.S.S process

http://www.cic.gc.ca/english/information/applications/work.asp?countrySelect=IN#applications

 

[paul84]

Thanks a lot for your response.

At this point I am not very concerned about her ICT..either way that's going to be handled by her company's immigration team and hired attorneys. If her ICT is not approved then I am going to initiate the outland Spousal Sponsorship which was our original plan and wait.

But my concern is on a different side...
1) If she gets are ICT before our marriage then will there be any problem during entry to Canada after marriage. Any chances of refusing her entry during immigration authorities ?

2) If her marital status changes during the ongoing application process, does she need to notify CIC about this change ? If she doesn't will that affect our spousal sponsorship later..?

 

[fkl]

Thanks a lot for your response.

At this point I am not very concerned about her ICT..either way that's going to be handled by her company's immigration team and hired attorneys. If her ICT is not approved then I am going to initiate the outland Spousal Sponsorship which was our original plan and wait.

But my concern is on a different side...
1) If she gets are ICT before our marriage then will there be any problem during entry to Canada after marriage. Any chances of refusing her entry during immigration authorities ?

2) If her marital status changes during the ongoing application process, does she need to notify CIC about this change ? If she doesn't will that affect our spousal sponsorship later..?

1. There shouldn't be any concern. In fact CIC probably won't know until you tell them. The criteria for her getting WP is totally different from marital status.

2. Ideally yes, and yes. CIC expects you to notify them of any change in your situation when that occurs. They can question latter on your PR application that you didn't inform them of marriage in time and hence could create issues on the actual relationship.

However, i don't think there is any issue if she applies for ICT gets approved and then get married before landing. It might raise some concern before issuance of visa (but still might be approved).

I guess you already understand the length of spousal sponsorship process after marriage from another country.

So its best to get married after her visa has been approved just to keep things clear.

If that is not achievable, then you should simply do every thing at the planned time and report marriage when that happens. At worst if they have concerns with WP (not satisfied that your spouse won't stay illegally) , they might deny that. But that still doesn't give any grounds what so ever on Sponsorship application since you would have informed CIC right away after marriage and you were already prepared to wait the time for sponsorship.

 

[paul84]

1. There shouldn't be any concern. In fact CIC probably won't know until you tell them. The criteria for her getting WP is totally different from marital status.

2. Ideally yes, and yes. CIC expects you to notify them of any change in your situation when that occurs. They can question latter on your PR application that you didn't inform them of marriage in time and hence could create issues on the actual relationship.

However, i don't think there is any issue if she applies for ICT gets approved and then get married before landing. It might raise some concern before issuance of visa (but still might be approved).

I guess you already understand the length of spousal sponsorship process after marriage from another country.

So its best to get married after her visa has been approved just to keep things clear.

If that is not achievable, then you should simply do every thing at the planned time and report marriage when that happens. At worst if they have concerns with WP (not satisfied that your spouse won't stay illegally) , they might deny that. But that still doesn't give any grounds what so ever on Sponsorship application since you would have informed CIC right away after marriage and you were already prepared to wait the time for sponsorship.

Thanks a lot fkl for such a precise response. Things are much clear to me now.