(?) Question about marriage after a divorce

[mahendraaaaa]

Hi all,

I have posted the same question under foreign worker forum. But I think there are more experienced people in this forum. So, here it is again.

I am a foreigner who hold a post-graduate work permit, and I am planning to apply for PR as soon as I achieve a year of work experience. My partner is a foreigner too, who was recently divorced in the States. There is a long background story about our relationship. She was my girlfriend when we were together in the States as international students, and we had to separate for some stupid reasons. Back to the topic, we are planning to get married to get her a work permit too, so she won't just be sitting alone at home.

My question is, do we need a period of time before we could get married and process all the paperwork in order to get her a work permit? Or, from my story above, will we face some problems in getting any Canadian visa?

Regards,
Mahendra

[CharlieD10]

You're planning to get married so she can get a work permit so she won't be sitting at home alone? 

Anyways...the fact that you had a past acquaintance means you are not total strangers to each other.  I suggest that if you are deciding to get married again after a recent divorce, you take time to consider whether you are marrying for all the right reasons, and not because someone is on the rebound. 

You haven't yet applied for your own PR, and nothing is certain.  You may want to apply for it, get your status confirmed, and then marry your girlfriend and sponsor her.

[mahendraaaaa]

Hi Charlie,

Thanks for your reply.

I know that it sounds like a bad idea to marry somebody after she got divorced with somebody else. But before she got married with somebody else, we had a very good relationship, and I regret that I ever left her. I have decided to be with her regardless when we will get married. But the problem is, if we are not getting married soon, she won't have a legal status to stay here in Canada (sorry for the confusion for saying "sitting at home").

My only concern is, will the immigration have problems granting the visa to her?

Regards,
Mahendra

[CharlieD10]

Can your girlfriend not go back to the US?  It might be hard for a while for you guys to do things long-distance, but as you said, you have history together, and you want to be together again.

For her to stay on as a visitor past the time allowed is not a good idea.  If she can return to the US, she should do so.  Then the two of you can take your time, plan things properly and do them properly.  Neither immigration nor marriage are things to go off into without forethought as to how you will manage.

I suggest you examine your (both of you) situation as it is now, get an idea of where you want to be, and then PLAN to get there.  Take some time and look at things properly.  How long will it take her to get a work permit if you marry right away?  And how soon will you be able to get married? Will she go out of status during that time?  How will that impact her ability to get the WP?  Consider all the angles, that's all I'm saying.

[mahendraaaaa]

Hi Charlie,

Thank you for your concern. Unfortunately, both of us are not Americans or Canadians. And we are not from the same country. So, it is really hard to decide what we should do now.

As for "How long will it take her to get a work permit if you marry right away", I think it is all the same with other applicants, right? It is 34 days for online application.

And for "And how soon will you be able to get married", since we will not hold a wedding ceremony, we could do it right now if we wish to.

Do you think I need to hire a lawyer to get things done? Because I sent an email to info  @  canadavisa.com asking about this, and I have not received any reply.  

[CharlieD10]

It's a holiday period, most people are off work until Tuesday.

During the 34 days wait for the WP, will she remain in status in Canada?  Does she even have status now?

I don't know that you need a lawyer, unless you have the funds and lack the inclination to help yourself, you should be able to manage without one.

[mahendraaaaa]

Hi again,

She is a visa exempt holder. She could stay more than 6 months if she provides medical, etc. So, I guess it won't be a problem.

Yeah, I think I will send one more time after the holiday period.

Thank you so much for responding, and enjoy your new year!

[AtHomeInMontreal]

It is 34 days for online application.

Hi mahendraaaaa,

I may understand this incorrectly...

Where did you get the idea that she could obtain a work permit after 34 days?

Perhaps you are referencing the approximate amount of time needed for a PR/Citizen of Canada to obtain sponsorship approval (outland) for someone??

Given that neither you nor she are PR/Citizens of Canada, wouldn't she have to go through a process started by a prospective employer to get a work permit?  There is no absolute timeframe, nor any guarantee for this...

[scylla]

As for "How long will it take her to get a work permit if you marry right away", I think it is all the same with other applicants, right? It is 34 days for online application.

Just one word of caution... Don't automatically assume she will get an open work permit just because you have a PGWP. There are several stories on this forum where work visas (and also visit visas) have been refused for individuals whose spouses are here on a PGWP. I would have a back up plan.

[mahendraaaaa]

Hi both of you,

AtHomeInMontreal, I think your question has been answered by scylla. I got that processing time from cic, which is the processing time for work permit.

And thank you scylla for the pre-caution. We will try to find a back up plan for that.

Happy holidays!

[AtHomeInMontreal]

Yes, I love cross posting!

Best of luck.

[scylla]

Happy holidays!

Thanks! Same to you!