Which is the better way

[im281213]

Hi Guys,

I needed some help, my wife and I got married a few months back and I need to get her immigration process started but I have a few questions. Firstly a little background, she is an Indian citizen and got a visit visa (expiring June 13) to Canada, we got married in Canada and she is here with me in Canada until her visa expires. I am debating which process would be faster and allow her to spend to spend the least amount of time away from me.
1. Do the outland process for her but with this process can I submit the application before her visit visa expires and she exits the country (to shorten the length of time she has to stay in India) and does she need to be in India while her application is being processed?

2. Do an inland process, with this process what are the chances of her visa being extended past the 6 months or I can get her back into the country on a student visa and then submit her application.

Any help her would be greatly appreciated ;D

 

[Sweden]

Hey,

if you're married already now - you can apply, she doesn't need to be in India.
You can apply inland or outland even if she is in Canada now.

If you apply outland: the PR process will be most likely faster as New Delhi is a relatively fast office. you could send the application now, and ask for an extension of her visa when June comes, based on the fact that you have applied for PR. She is allowed to stay until her visa extension is approved of denied ( so it buys you a few more weeks together). However, she will have to return to India to submit her passport, as Indian passports can not be sent from overseas. So if you apply now, she could probably stay with you until June, and maybe a little more if you apply for an extension. Then she travels to india, waits for her PR and returns with it.

If you apply inland: most likely it will be longer, and she will not be allowed to travel out of Canada for the time of the application (14 months for now). But as soon as you file the application, and you include a open work permit application, she will be allowed to stay in Canada with you ( even when her visa is expired) until CIC makes a decision on her application. She could get a work permit after the first stage (6 months from now), but will only get the full PR once the process is completed ( difficult to say how long it takes, but it's listed as 6 months + 8 months second stage). During this time, she can not exit Canada ( for family emergency etc).

Good luck,
Sweden