Urgent Query in Spousal Visa

[eva88]

Hello All,

I have a different and very important query as My fiance'e is currently working on OPEN WORK PERMIT in Canada.
His PR application is in progress. He has also received Medical Reciept request for his PR .
Please clear the below doubts -

1 ) What's the Processing time to get PR after Medicals are sent ?

2 ) Will there be any problems for him to come to India for wedding in next 3 months ?

3 ) In case if his PR Status still remains in progress, Will I apply for Spousal Open Work Permit Visa ? and In case if he gets his PR in between.
How will it affect my visa application ? Will my Visa get delayed or will i need to follow some other procedure ?

Early Response is much much appretiated.

Thanks.

 

[amira_mais]

Hi, I can offer some information.

1. Which program did your fiance apply for PR under? You can look up the overall processing times (you probably already have) but if the medicals have been requested, should be in the later stages of processing. And out of curiosity, what program did he get his OWP under?

2. On the face of it, there shouldn't be any problem for him to travel, but you need to provide more details if you have a specific concern.

3. If you get married while his PR application is in progress:

(a) You may be eligible to apply for a spousal OWP but it depends how your fiance got his own OWP.

(b) More importantly, if you marry while his PR app is still in progress, he MUST inform CIC and add you to his PR application. Otherwise, if he gets his visa and lands, by not declaring you, he would be guilty of misrepresentation and could lose his PR, and he can never sponsor you to come to Canada.

4. If you marry after he gets PR, then he can just sponsor you in the normal fashion.

Hope that helps.

 

[eva88]

Hello,

Thanks a lot for your response

1 ) My Fiane'e applied PR through MPNP Program and He got his Open Work Permit after he post graduated ( after Student Visa ).

2 ) My Concern is that are wedding is scheduled in around April. So He should be able to travel to India without any problems.

3 ) Once we get married, then from INDIA only he should inform CIC to add me in his PR Application ? and what is the process to do that ?

and when we get married, if His PR is still in Process, WHICH VISA i would apply for from India so that i can accompany my husband in Canada ?

Please tell me all the pros and cons involved.

Thanks a lot !!

 

[PMM]

Hi

Hello,

Thanks a lot for your response

1 ) My Fiane'e applied PR through MPNP Program and He got his Open Work Permit after he post graduated ( after Student Visa ).

2 ) My Concern is that are wedding is scheduled in around April. So He should be able to travel to India without any problems.

3 ) Once we get married, then from INDIA only he should inform CIC to add me in his PR Application ? and what is the process to do that ?

and when we get married, if His PR is still in Process, WHICH VISA i would apply for from India so that i can accompany my husband in Canada ?

Please tell me all the pros and cons involved.

Thanks a lot !!

1. Once you are married, he will have to amend his application to include you. You will need to complete the application and include all documents, passport copy, birth certificate, PCC
2. You would have to apply for a TRV (visitor visa) whether you get one or not is another matter.

 

[eva88]

Hi PMM,

Thanks for your reply !!

Can you please tell me why have you suggested TRV and why not Spousal Open Work Permit ?

 

[PMM]

Hi

Hi PMM,

Thanks for your reply !!

Can you please tell me why have you suggested TRV and why not Spousal Open Work Permit ?

Because she needs a TRV to enter Canada. Also as the spouse is on a PGWP work permit it has be demonstrated the job is a skilled A, B or O, so a letter from the employer outlining the job duties to be eligible for a and OSWP.

 

[eva88]

Hi PMM,

I have observed that there are more chances of TRV getting rejected. Why can't I apply for OWP with all Documents related with NOC and letter from my husbands employer. can you please throw some light on this ?

 

[PMM]

Hi

Hi PMM,

I have observed that there are more chances of TRV getting rejected. Why can't I apply for OWP with all Documents related with NOC and letter from my husbands employer. can you please throw some light on this ?

The Open Work Permit is NOT a visa. As an Indian citizen needs a TRV to enter Canada. She can apply to ND with all the documents, just because she is eligible to apply for an OWP (which is issued at the POE) doesn't mean that or the TRV is going to be issued.

 

[eva88]

Oh ... i meant by spouse visa for open work permit.

 

[amira_mais]

PMM gave you the correct advice. As an Indian citizen, you need a TRV (or visit visa) to legally travel to/enter Canada. The OWP is a completely separate authorization that allows you to legally work in Canada.

So in theory, you could apply for (1) a visit visa alone but then of course you can't work or study, or (2) you can apply for an OWP + visit visa assuming you're eligible (depends on your fiance's job skill level - has to be 0, A or B).

You seemed worried that your fiance might have issues travelling to India for the wedding as his PR is in process, but that's not a cause for concern. Does he have a multiple entry visa (multiple entry TRV) to return to Canada? If not, as long as his OWP remains valid, he shouldn't have any trouble getting a TRV for himself.

Lastly, sorry to say you're right that it's difficult for people in your position to get TRVs - but you lose nothing by trying except some time and money. If you apply, you need to demonstrate strong ties to India (job, family, studies, etc.).

Hope that clarifies things.

 

[eva88]

Hello Amira_mais,

Thanks for your reply !

1 ) Yes My Fiance'e has multi level entry Visa so as PMM and you said it won't be a problem for him to travel.

2 ) Yes I am also eligible to work with his qualification with appropriate NOC level.

In Which case there are chances of faster acceptance of Visa IN both the cases - Is it in TRV or OWP + VISITOR VISA ?

Thanks again !

 

[amira_mais]

In Which case there are chances of faster acceptance of Visa IN both the cases - Is it in TRV or OWP + VISITOR VISA ?

I would think a TRV alone is faster for your situation.

However, see: http://www.canadavisa.com/canada-immigration-discussion-board/application-for-spousal-open-work-permit-from-india-t128835.15.html

Posters in the above thread are also seeking spousal OWPs and it seems the wait times are longer than what's posted on CIC's website. Perhaps someone in that thread could give you better info than me at this point... just share the specifics of your case because that's pertinent.

 

[eva88]

Thanks for replying.

Can you please tell me in what way my husband can inform CIC ( about our marriage and to amend his PR application ) from India ? e-mail OR any online portal or Letter ?

and will i have to apply for my Visa ( either TRV or OSWP ) ONLY AFTER he informs CIC to amend his PR application ?

 

[amira_mais]

As mentioned, after marriage, your husband will have to update/amend his application – in other words, he should fill out and resend the forms that contain spousal information sections. He'll have to include supporting documents – marriage certificate, passport copy, birth certificate, police clearances – and others maybe (I haven't used this application so don't have a complete list). He could add a cover letter to explain why he's resending the forms.

Remember that only the TRV is a visa (a type of travel authorization) whereas the SOWP which is a work permit (obviously a work authorization). Sorry to be pedantic but it's hard to properly interpret/answer some questions if you use the word visa for both situations. You can apply for the TRV or TRV+SOWP either before or after CIC receives the updated PR application – there's no rule about it so you have discretion.

But, (totally my opinion), you have a better chance of success if you do it after, as CIC will see he's being upfront and prompt in keeping them updated on changes in his family composition – and this is a key concern for them in immigration matters. When you apply for the TRV, they'll check his records in their database which will show he has a PR app in progress. You don't want them to think he's delaying adding you to his application for any reason, which could make them be suspicious and refuse your TRV application. But again, this is just my opinion.

Hope things work out for you. Let us know how it goes.