I'm a PR but my wife isn't. How can she come to Canada with me ?

[ahmadka]

Hi guys ... I'm in a pickle and I can't figure out the solution. I'm currently working in the US and I got Canadian PR in 2016 when I was single. I just got married a month ago and want to come to Canada permanently with my wife pretty soon. But CIC has a rule that I have to be in Canada for me to sponsor my wife, and that can take 12 months or so. What do I do ..... ??? How can I come to Canada WITH my wife ??

EDIT: Both me and my wife are in the US. I'm in US on H1B visa and my wife is on H4 spouse visa.

 

[Wakki]

Hi guys ... I'm in a pickle and I can't figure out the solution. I'm currently working in the US and I got Canadian PR in 2016 when I was single. I just got married a month ago and want to come to Canada permanently with my wife pretty soon. But CIC has a rule that I have to be in Canada for me to sponsor my wife, and that can take 12 months or so. What do I do ..... ??? How can I come to Canada WITH my wife ??

You became a PR in Canada in 2016......so your PR Status is okay, as to maintain your status as a permanent resident, you must live in Canada for at least two years within a five-year period. During this time you must be here physically.......so between 2016 and 2021....you must be in Canada for 2 years.

Who can become a sponsor:
https://www.canada.ca/en/immigratio...ship/spouse-partner-children/eligibility.html

As a PR in Canada, you are not eligible to sponsor your spouse from outside Canada......

I can understand the rule is frustrating, but if your could get help for a visitor visa to Canada for your spouse, then you could move from US to Canada and while your spouse visitor visa is still valid, and she has legal visitor status, you could apply for Sponsorship "INLAND" with the Open Work Permit, which could allow your spouse to reside here in Canada legally with IMPLIED STATUS while the sponsorship is been processed and approved, and enable your wife to work.

Based on the current rule, you are required to move to Canada as a PR to be eligible to sponsor your spouse.

 

[ahmadka]

I can understand the rule is frustrating, but if your could get help for a visitor visa to Canada for your spouse, then you could move from US to Canada and while your spouse visitor visa is still valid, and she has legal visitor status, you could apply for Sponsorship "INLAND" with the Open Work Permit, which could allow your spouse to reside here in Canada legally while the sponsorship is been processed and approved, and enable your wife to work.

Hi and thanks for your help. Can you elaborate more on this idea ? What is an Open Work Permit and how would my wife get it ? Are there any requirements for it ? Is it needed before I an apply for INLAND sponsorship of my wife ?

 

[scylla]

Hi and thanks for your help. Can you elaborate more on this idea ? What is an Open Work Permit and how would my wife get it ? Are there any requirements for it ? Is it needed before I an apply for INLAND sponsorship of my wife ?

Both you and your wife must be physically in Canada in order for you to sponsor your wife inland.

An open work permit would allow your wife to work for any employer in Canada while waiting for PR status. The OWP application must be submitted together with the inland sponsorship application. The OWP will be granted around four months after the inland application + OWP application is submitted.

So if you want to go the inland route, the first step is for both of you to be in Canada.

 

[Wakki]

Hi and thanks for your help. Can you elaborate more on this idea ? What is an Open Work Permit and how would my wife get it ? Are there any requirements for it ? Is it needed before I an apply for INLAND sponsorship of my wife ?

If you meet the requirements to sponsor your spouse "INLAND"...i.e., in-Canada Class.....you are allowed to submit an application for a Work Permit for your spouse (i.e., the Principal Applicant)........application for a Work Permit is not needed before you can apply for INLAND sponsorship of your spouse.

Spouse or Common-Law Partner in-Canada Class:

http://www.cic.gc.ca/english/helpce...7.1621238750.1522622002-1704604713.1522622002

https://www.canada.ca/en/immigratio...-dependent-child-complete-guide.html#incanada

Note: If your spouse currently has US Green Card, she will be visitor visa exempt to Canada.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=593&top=16

 

[ahmadka]

Thanks scylla and Wakki.

So for inland sponsorship, the first step is to land in Canada. I'm assuming my wife would need to enter Canada on a visitor visa.

Is it even allowed to get a Canadian visitor visa with the intention of applying for inland PR once landed ?

 

[Wakki]

Thanks scylla and Wakki.

So for inland sponsorship, the first step is to land in Canada. I'm assuming my wife would need to enter Canada on a visitor visa.

Is it even allowed to get a Canadian visitor visa with the intention of applying for inland PR once landed ?

For you as a PR to be eligible to sponsor your wife, you have to reside in Canada.

For you to sponsor your wife "INLAND", your wife has to be in Canada and have legal status, like be on a student or visitor visa.

If you move to Canada and able to obtain a Canadian visitor visa for your wife, you could sponsor her "INLAND".

If you move to Canada and your wife resides outside Canada, you must sponsor her "OUTLAND".

 

[ahmadka]

For you as a PR to be eligible to sponsor your wife, you have to reside in Canada.

For you to sponsor your wife "INLAND", your wife has to be in Canada and have legal status, like be on a student or visitor visa.

If you move to Canada and able to obtain a Canadian visitor visa for your wife, you could sponsor her "INLAND".

If you move to Canada and your wife resides outside Canada, you must sponsor her "OUTLAND".

Thanks, but I already understand all that.

What I'm asking is, suppose my wife applies for a visitor visa. I'm sure CIC will want to know WHY my wife wants to visit Canada. Is it okay to say that she's looking to enter Canada for Inland sponsorship for Canadian PR ?

 

[scylla]

Thanks, but I already understand all that.

What I'm asking is, suppose my wife applies for a visitor visa. I'm sure CIC will want to know WHY my wife wants to visit Canada. Is it okay to say that she's looking to enter Canada for Inland sponsorship for Canadian PR ?

If she states that as her purpose - then refusal is pretty much guaranteed.

 

[Wakki]

Thanks, but I already understand all that.

What I'm asking is, suppose my wife applies for a visitor visa. I'm sure CIC will want to know WHY my wife wants to visit Canada. Is it okay to say that she's looking to enter Canada for Inland sponsorship for Canadian PR ?

Completely agree with scylla.

Visitor visa is usually approved when the visa officer is convinced the visitor visa applicant will return and not stay in Canada.