Married after becoming PR

[SS_Canada]

Hi Guys,

Tricky situation.

I became PR, did soft landing and came back to India. Got married, my wife applied for visitor visa before marriage (assuming that it will be approved and we both can fly to Canada together), however it did not happen. Her visitor visa got rejected by embassy.

Now, she is trying to get a project in Canada from her company so that she may fly on work permit and I can accompany her.

Q 1. Does rejection of visitor visa have an impact on work permit application?
Q 2. If she already has company bound work permit, while applying for spousal visa can I also apply for open work permit?
Q 3. I have not registered my marriage yet. If I register before her work permit application is submitted would it make any difference (as I am apprehensive that wp might get rejected considering that she is wife of a PR and might not return even after wp expires?


The whole point is not to stay separate therefore I am want to file her spousal visa once she is with me in Canada. Could you please share your thoughts??

 

[evdm]

To answer your questions:

1: The work permit application is separate to the visa application and it will be assessed based on its own merits. The rejection may influence a decision on the work permit, but that's hard for anyone to say.

2: Your wife can only apply for an open work permit if she is in Canada with valid status. This status can be an existing work permit, or it can be a visitor visa. In this case, for you to sponsor her you will have to do an inland application.

3: Canada does not require you to register your marriage in Canada. If you got married in India, then your marriage has to be valid under Indian law, and recognized in Canada. You will have to sort out in India the documents you need to prove your marital status.
Your wife cannot lie on a work permit application and if her marital status is a question, she must answer it truthfully. Do not volunteer information, but do not lie on any application you make with IRCC. If you do, and you get caught, you risk exclusion orders from Canada as well as a criminal record if it is found that you have committed misrepresentation.