Apply for PR from India Or After Marriage in Canada

[Hasini3]

Hi Leon,

I am an Indian. My fiance and I are planning to get married in November 2018. My fiance currently holds a valid work visa in Canada. I have couple of questions regarding how I can immediately leave and work in Canada after marriage:

1) should I apply for my PR from India now only so that I can leave with him after marriage?
2) Or if I leave on a visitor visa with him, can I apply for work permit? if yes, how long does it take to get work permit? Do I need to apply from India or if I can apply in Canada.
3) Can we apply for PR together from Canada in December 2018? How long will it take to get the PR?

Could you please suggest what we should do to leave together after marriage?

Thank you!

 

[Bryanna]

I am an Indian. My fiance and I are planning to get married in November 2018. My fiance currently holds a valid work visa in Canada. I have couple of questions regarding how I can immediately leave and work in Canada after marriage:

1) should I apply for my PR from India now only so that I can leave with him after marriage?

You cannot apply for PR now because your fiance holds a work permit/ he is not a PR nor is he applying for PR presently/ you are not married to him.

After you are married, you can apply for your Spouse Open Work Permit (SOWP). Or your husband can include you, as his spouse, in his PR application (if he is eligible to apply for PR at that time).

2) Or if I leave on a visitor visa with him, can I apply for work permit? if yes, how long does it take to get work permit? Do I need to apply from India or if I can apply in Canada.

You would need to apply for a TRV/visitor visa. You can do this either now or later after you are married.

To have any chances of being approved for a TRV, you would need to prove you are a genuine short-term visitor + you have adequate finances for your visit + you have strong ties in India to return to.

If you are granted a TRV before you get married, you will find it incredibly difficult to find a Canadian employer who is willing to go through the LMIA process + get a positive LMIA..... before you can apply for a work permit tied to that employer. This means that your chances of getting a work permit/for you to find employment if you arrive on a TRV are almost nil.

3) Can we apply for PR together from Canada in December 2018? How long will it take to get the PR?

Like I have mentioned earlier, your husband can include you in his PR application later as his spouse. If you are not granted a TRV (now or after you are married), you will need to remain in India until the PR process is completed


I suggest you research the IRCC website + this forum to check for a solution/visa that is feasible and possible to get

 

[Hasini3]

Hi Bryanna,

Thanks for replying! May I know why I cannot apply for PR now? I am not planning to include him in my PR. I will be applying as an individual from India. Also,if I apply for PR I will remain in India till my PR gets approved. Is this not allowed?

Thanks!

 

[Bryanna]

Thanks for replying! May I know why I cannot apply for PR now? I am not planning to include him in my PR. I will be applying as an individual from India. Also,if I apply for PR I will remain in India till my PR gets approved. Is this not allowed?

You had not mentioned that you are eligible for PR presently and/or that you would like to apply for PR alone.

Yes, you can apply for PR alone before getting married. I'm assuming you are referring to the Express Entry route.

Do keep in mind that after you are married (and before you land as a PR), you must inform IRCC about your marriage + you must include your husband in your PR application

 

[Hasini3]

Sorry, I dint put my words precisely. Yes I was referring to the Express Entry route. Bryanna one more question - if after marriage I directly apply for Spouse Open Work Permit (SOWP) from India instead of TRV. Is it possible then to work there and later we can apply for PR from Canada. If yes? what is the procedure for SOWP and how many days it takes to get the SOWP approved?

 

[Bryanna]

if after marriage I directly apply for Spouse Open Work Permit (SOWP) from India instead of TRV. Is it possible then to work there and later we can apply for PR from Canada.

Yes, both are doable.

If yes? what is the procedure for SOWP and how many days it takes to get the SOWP approved?

https://www.canada.ca/en/immigration-refugees-citizenship/services/come-canada-tool.html

Estimated processing times change every week. You will need to check the estimated processing time for an SOWP when you apply

 

[Hasini3]

Thank you so much for your guidance Bryanna! Just wanted to know couple of forums says I need to apply TRV and SOWP both. Is it true? Because most of the time I have heard the TRV getting rejected as the visa officers asks an assurance that you will leave Canada (in case of TRV) but in case of SOWP you are actually demanding a work permit. However, as both situations are contradicting people usually receive a rejected TRV.

So, is it required to apply for both (SOWP and TRV) ? Also, is there any particular requirement where minimum married days are mandatory before I apply for SOWP?

 

[Hasini3]

Hi Bryanna,

I have one more query. My fiance is also currently eligible to apply for express entry just like me. If I apply now for my PR from India and if he applies for his PR from Canada (individually) and if we receive our individual PR before marriage can we travel together. Or is it required to inform IRCC about our marriage? If yes, than what is the procedure for that as well?

Thanks!

 

[Bryanna]

Hi Bryanna,

I have one more query. My fiance is also currently eligible to apply for express entry just like me. If I apply now for my PR from India and if he applies for his PR from Canada (individually) and if we receive our individual PR before marriage can we travel together. Or is it required to inform IRCC about our marriage? If yes, than what is the procedure for that as well?

Thanks!

You can apply individually for your PRs...... both of you must land separately as PRs (before marriage)..... and then get married in either India/Canada

 

[Ivric]

Hi. My situation is pretty similar to this.
Do suggest and clarify my doubts.
We are married couple. Husband stays in Canada on PGWP. I am in India. We applied for PR under Express Entry CEC, husband as main applicant. Medicals are approved and being processed further.

My question here is, can I apply SOWP at this point of time and come to Canada before PR gets issued?
Thanks in Advance and would appreciate your advice.

 

[Bryanna]

My question here is, can I apply SOWP at this point of time and come to Canada before PR gets issued?

Yes, you can apply for a SOWP. That said, you would probably get your PR before you get a decision for the SOWP

 

[Ivric]

Yes, you can apply for a SOWP. That said, you would probably get your PR before you get a decision for the SOWP

Thanks Bryanna, We applied for PR under CEC EE route and my husband included me as his dependent. Unfortunately its is still in process. AOR 30th Sept. (122 days)
1) Now we are looking to apply for SOWP, it is safe to apply ?
2) If so can we submit the same copies we submitted for PR application? We are thinking to submit my husband's employment letter and my Upfront medical exam report for SOWP application.

 

[Bryanna]

Thanks Bryanna, We applied for PR under CEC EE route and my husband included me as his dependent. Unfortunately its is still in process. AOR 30th Sept. (122 days)
1) Now we are looking to apply for SOWP, it is safe to apply ?
2) If so can we submit the same copies we submitted for PR application? We are thinking to submit my husband's employment letter and my Upfront medical exam report for SOWP application.

Any reason why your application is taking time? You can apply for a TRV instead of a SOWP

 

[Ivric]

Any reason why your application is taking time? You can apply for a TRV instead of a SOWP

Not sure, we ordered GCMS notes.
Our gckey status says:
Eligibility: being reviewed if we meet the eligibility.
Bg check: In progress
The IRCC agent said Eligibility under review. Does that mean something wrong ?

 

[Bryanna]

Not sure, we ordered GCMS notes.
Our gckey status says:
Eligibility: being reviewed if we meet the eligibility.
Bg check: In progress
The IRCC agent said Eligibility under review. Does that mean something wrong ?

Nothing wrong. You might get a decision soon