Visitor Visa or SOWP?

[pujadoshi93]

Hi Everyone,

We are in a dilemma and would appreciate your honest opinion. I am working in Canada on work permit since last November. I got ITA in December and added my husband after getting married in March 2019. Yet to receive any update from IRCC.

Now, what will be the consequences of following choices while PR application is processing. I need to know if it will have negative affect on PR.

Which one is better in terms of processing times and chances of approval?

1) applying for tourist visa for my husband. And getting open work permit once he's in Canada.

2) applying for dependent visa (Spouse open work permit) for my husband directly.

 

[wanderer88]

I am going through the same situation. My wife is in Canada on PR and we are planning to go through the 1st option you mentioned.
As far as I know and im sure, spouse open work permit can be applied only inland and not if your husband is outside canada. You should be applying for PR under SCLPC class.

https://www.canadavisa.com/inland-spousal-common-law-partner-sponsorship.html#gs.8jndi2

"In contrast to Outland applications (where the spouse is residing outside Canada), the person being sponsored through the Inland route may be eligible for an Open Work Permit while his or her application is being processed."

Check the eligibility in the below link:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/partner.html

2 main points
1. the SCLPC class applicant resides at the same address as the sponsor
2. the SCLPC class applicant has valid temporary resident status (as a visitor, student or worker)

So, according to the process, we should go on visitor visa and then apply for spouse open work permit. But for visitor visa we need to show strong ties to our home country and prove that we will be going back. These 2 things are contradicting.

I'm more concerned about obtaining tourist visa, as that is the 1st step and that should not go wrong.
The process is clear, but I have not searched on where to apply yet.

As you are also working in Canada, could you also please find out if anyone has done the same thing, and how did they tackle the issues with visitor visa when they were planning to apply for PR and SOWP after reaching Canada?

 

[pujadoshi93]

I am going through the same situation. My wife is in Canada on PR and we are planning to go through the 1st option you mentioned.
As far as I know and im sure, spouse open work permit can be applied only inland and not if your husband is outside canada. You should be applying for PR under SCLPC class.

https://www.canadavisa.com/inland-spousal-common-law-partner-sponsorship.html#gs.8jndi2

"In contrast to Outland applications (where the spouse is residing outside Canada), the person being sponsored through the Inland route may be eligible for an Open Work Permit while his or her application is being processed."

Check the eligibility in the below link:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/partner.html

2 main points
1. the SCLPC class applicant resides at the same address as the sponsor
2. the SCLPC class applicant has valid temporary resident status (as a visitor, student or worker)

So, according to the process, we should go on visitor visa and then apply for spouse open work permit. But for visitor visa we need to show strong ties to our home country and prove that we will be going back. These 2 things are contradicting.

I'm more concerned about obtaining tourist visa, as that is the 1st step and that should not go wrong.
The process is clear, but I have not searched on where to apply yet.

As you are also working in Canada, could you also please find out if anyone has done the same thing, and how did they tackle the issues with visitor visa when they were planning to apply for PR and SOWP after reaching Canada?

Did you check this page ?

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=177&top=17

I think SOWP can be applied from outside Canada. My husband filled a questionnaire on CIC website and was given document checklist.

 

[pujadoshi93]

I am going through the same situation. My wife is in Canada on PR and we are planning to go through the 1st option you mentioned.
As far as I know and im sure, spouse open work permit can be applied only inland and not if your husband is outside canada. You should be applying for PR under SCLPC class.

https://www.canadavisa.com/inland-spousal-common-law-partner-sponsorship.html#gs.8jndi2

"In contrast to Outland applications (where the spouse is residing outside Canada), the person being sponsored through the Inland route may be eligible for an Open Work Permit while his or her application is being processed."

Check the eligibility in the below link:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/partner.html

2 main points
1. the SCLPC class applicant resides at the same address as the sponsor
2. the SCLPC class applicant has valid temporary resident status (as a visitor, student or worker)

So, according to the process, we should go on visitor visa and then apply for spouse open work permit. But for visitor visa we need to show strong ties to our home country and prove that we will be going back. These 2 things are contradicting.

I'm more concerned about obtaining tourist visa, as that is the 1st step and that should not go wrong.
The process is clear, but I have not searched on where to apply yet.

As you are also working in Canada, could you also please find out if anyone has done the same thing, and how did they tackle the issues with visitor visa when they were planning to apply for PR and SOWP after reaching Canada?

Your link is about open work permit for spouse of PR holder.

I am talking about SOWP for someone who is on student/work permit.

 

[wanderer88]

Your link is about open work permit for spouse of PR holder.

I am talking about SOWP for someone who is on student/work permit.

Oh k.. it is pretty confusing. I read in other threads that open work permit can be applied from outside Canada only if you have an offer letter. Or from within Canada if the person is from a country which does not require temporary resident visa to enter Canada.
Anyways, Please let me know if you find something, I would do the same.

 

[pujadoshi93]

Oh k.. it is pretty confusing. I read in other threads that open work permit can be applied from outside Canada only if you have an offer letter. Or from within Canada if the person is from a country which does not require temporary resident visa to enter Canada.
Anyways, Please let me know if you find something, I would do the same.

You need to show offer letter and pay stubs of your wife. We will be filing it pretty soon. Will keep you posted.

 

[wanderer88]

You need to show offer letter and pay stubs of your wife. We will be filing it pretty soon. Will keep you posted.

Sure thanks. I mostly want to know what precautions should we take to avoid any issues with the visitor visa. In case I will be resigning from my job and going there and I do not have any property in my country on my name. Should I mention while filling visitor visa application that I will be applying for Dependent PR or SOWP etc?

 

[pujadoshi93]

Sure thanks. I mostly want to know what precautions should we take to avoid any issues with the visitor visa. In case I will be resigning from my job and going there and I do not have any property in my country on my name. Should I mention while filling visitor visa application that I will be applying for Dependent PR or SOWP etc?

No. Don't mention during visitor visa application about your PR plans. It shows dual intent.

Also, don't resign from your job. Take 1 month leave and get a letter from HR. This shows strong ties as you would return for the job. Latter you can resign from Canada and buy back your notice period (if that's an option)

 

[wanderer88]

So out of the 2 options, what is the option 2? Im confused about what a dependent visa is?
I consulted a consultancy today and they said I can apply for spouse open work permit directly from India and need not go for visitor visa, he seemed pretty confident about it. Any idea whether we are eligible to apply for spouse open work permit directly and then go to Canada based on this SOWP?

In all the contents what I have read (links provided in my 1st comment), it says SOWP can be applied only after inland application of PR.
If we can apply for SOWP from outside Canada then that would be awesome, that would also avoid all the complications in visitor visa.

 

[mathu1610]

Hi All,

I currently hold a Temporary Resident Visa (TRV) and my husband holds a Work Permit. We both are currently in our home country and would be travelling to Canada only after 3-4 months. I want to apply for Spousal Open Work Permit. Can I do it from my home country?

 

[canuck78]

Hi All,

I currently hold a Temporary Resident Visa (TRV) and my husband holds a Work Permit. We both are currently in our home country and would be travelling to Canada only after 3-4 months. I want to apply for Spousal Open Work Permit. Can I do it from my home country?

Yes.

 

[mathu1610]

Thank you very much. For the additional information along with my application, I will not have the Canadian Pay stubs of my husband as we have not yet moved to Canada. Will that be okay ?