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September 08, 2008, 03:35:47 am
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Author Topic: Getting Married and Landing Papers are suppose to come  (Read 333 times)
vkbh15
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« on: April 17, 2008, 06:12:07 am »

Hi,

My brother is working in Canada on work permit valid till 2010. He applied for PR after completing all Medial in Jan 08 etc. PR Application was also submitted in Jan 08.

He is suppose to receive his landing paper anytime after July 08, that will be valid till Jan 09.

He is also getting married in Dec. 08, the girl is in India. We want that she (my brother's to be spouse) should travel with him soon after marriage.

Our approach, is after my brother receive the landing Papers in July 08, he will not land in Canada. Because after getting PR, sponsoring spouse is a 8 months process.
So, he will visit India in Dec 08 to get married. Soon after marriage he will apply for Spouse dependent visa from India and then re-enter Canada with his wife. Dependent spouse visa I hope will take approx 2 to 4 weeks.

When he re-enter Canada landing paper will be invalid because he applied for PR when he was Single, but at the time of landing he will be married.

My question:
1. Is this the correct approach?
or
2. Its better to get married before receiving landing papers and apply for spouse dependent visa?
or
3. Should he inform Canadian immigration to stop his PR process and re -apply for same after getting married. Is this possible, if Yes, any risk in this?

Thanks
Vivek
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PMM
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Posts: 3114


« Reply #1 on: April 17, 2008, 04:53:45 pm »

Hi

Hi,

My brother is working in Canada on work permit valid till 2010. He applied for PR after completing all Medial in Jan 08 etc. PR Application was also submitted in Jan 08.

He is suppose to receive his landing paper anytime after July 08, that will be valid till Jan 09.

He is also getting married in Dec. 08, the girl is in India. We want that she (my brother's to be spouse) should travel with him soon after marriage.

Our approach, is after my brother receive the landing Papers in July 08, he will not land in Canada. Because after getting PR, sponsoring spouse is a 8 months process.
So, he will visit India in Dec 08 to get married. Soon after marriage he will apply for Spouse dependent visa from India and then re-enter Canada with his wife. Dependent spouse visa I hope will take approx 2 to 4 weeks.

When he re-enter Canada landing paper will be invalid because he applied for PR when he was Single, but at the time of landing he will be married.

My question:
1. Is this the correct approach?
or
2. Its better to get married before receiving landing papers and apply for spouse dependent visa?
or
3. Should he inform Canadian immigration to stop his PR process and re -apply for same after getting married. Is this possible, if Yes, any risk in this?

Thanks
Vivek

1.  About the exact opposite of what he should do.  If he receives his PR visa and does not land before marrying, he will never be able to sponsor his wife and there is a good chance he will lose his PR status for misrepresentation.
2.  As a PR he cannot sponsor abroad, once he is "landed" he can go to India and marry, but he must return to Canada before he can sponsor his wife.  She will not be issued a visitor visa, but will have to wait in INdia until the application is processed.
3.  If he marries before the visa is issued, he can amend his application and add his wife to the application , she would have to complete the forms and he would have to amend his forms to reflect his new martial status.

PMM
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