Hi people,
I'm a Canadian citizen living in Canada, and my girlfriend is an Indonesian citizen, living in Indonesia. We are planning to get married in 2012, in Indonesia.
We are both still trying to decide whether we will live in Indonesia or Canada, right after our wedding. After we have settled in a place (i.e: either Canada or Indonesia), we will start the sponsorship process. We would prefer to be together as the sponsorship is being processed.
My questions are:
1. If we ended up choosing to live in Indonesia, would it be possible to start the sponsorship? Am I, as the sponsor, obligated to live in Canada as the sponsorship is being processed?
2. Since the marriage will take place in Indonesia (both religious and civil), would it be more difficult to sponsor her to Canada? What I am trying to ask is, could the Canadian immigration potentially see foreign marriage certificates as being less legitimate?
3. If we ended up choosing to live in Canada, then a possible way for her to stay here legally is by applying for the visitor visa, correct? How frequent will the visitor visa need to be extended? Every 6 months? 1 year?
As the extension application is being processed, can she remain in Canada, or does she have to get out and be elsewhere temporarily? (I've heard of people having to go to the US, and go back to Canada again, as they're applying for a brand new Canadian visitor visa.)
4. If we ended up choosing to live in Canada, would it be better to go for the outland or inland sponsorship? Why?
5. If we lived in Canada, would she be allowed to work as the sponsorship is being processed? Is it a simple matter of getting a work permit?
Thanks in advance!!
1. As a citizen, you are allowed to reside outside of Canada while applying to sponsor your spouse. However, you must provide proof of your intention to re-settle in Canada if/when the PR visa is issued for your spouse.
2. No, CIC will have no problem with the marriage certificate from Indonesia as long as it is legal in that country AND that your wife is 18 years old or older.
3. Yes, your wife can apply for a visitor's visa. Whether or not she will get it with a PR application in process is another story. A visit has a beginning and an end. Having a PR application in process shows an intent to settle permanently in Canada which contradicts the purpose of a visitor's visa. If she does receive a TRV and you travel to Canada, you can apply to extend it within Canada (apply to CPC Vegreville) as long as it is done before her allowable time for the visit expires.
4. I prefer overseas sponsorship. Usually much faster and it protects the client's right of appeal if the application is refused. However, you need to check processing times and read about the differences between the two. It is a big decision to make.
5. No. If you apply via the inland route, she can apply for a work permit AT THE SAME TIME you apply to sponsor her and if she receives first stage approval (takes approx. 11 months) she will receive an open work permit. If you apply via overseas then there is no provision for spouses to apply for a work permit. The other alternative is if she finds an employer that wishes to hire her and has a positive Labour Market Opinion from Service Canada allowing them to hire foreign nationals, she can apply for a work permit.
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