Ability to stay in Canada after applying for Inland Spousal Sponsorship

[frightenedpanda]

I am an Indian citizen with a PR and my girlfriend is a Pakistani citizen and we are planning to get married in Canada next year. She is currently in Karachi and will be applying for a tourist visa.

If her tourist visa is approved and she comes there and we do a court marriage, will she be able to stay back in Canada while her inland spousal sponsorship application is being processed even if her tourist visa expires?

I am not sure what the minimum duration of the tourist visa would be. I am worried that they might give a very short (2-3 weeks) visa.

 

[zardoz]

I am an Indian citizen with a PR and my girlfriend is a Pakistani citizen and we are planning to get married in Canada next year. She is currently in Karachi and will be applying for a tourist visa.

If her tourist visa is approved and she comes there and we do a court marriage, will she be able to stay back in Canada while her inland spousal sponsorship application is being processed even if her tourist visa expires?

I am not sure what the minimum duration of the tourist visa would be. I am worried that they might give a very short (2-3 weeks) visa.

To be eligible for inland processing she MUST be cohabiting in Canada with you for the whole application process. If you are suspecting that this is not possible, you should apply outland instead. She should stay in status if possible for inland.

 

[frightenedpanda]

To be eligible for inland processing she MUST be cohabiting in Canada with you for the whole application process. If you are suspecting that this is not possible, you should apply outland instead. She should stay in status if possible for inland.

So, cohabiting means living with me? If thats the case then yes, we do plan to stay together after getting married. Also, I am a bit confused about "staying in status". If her Tourist visa expires but her application is still in process, does that mean she is still in status?

 

[zardoz]

So, cohabiting means living with me? If thats the case then yes, we do plan to stay together after getting married. Also, I am a bit confused about "staying in status". If her Tourist visa expires but her application is still in process, does that mean she is still in status?

The PR application itself provides no status. She will need to have either a valid visa and/or an outstanding Open Work Permit application submitted with the PR application. That would provide "implied status" but if the application gets returned for being incomplete, implied status would not have applied.

 

[frightenedpanda]

The PR application itself provides no status. She will need to have either a valid visa and/or an outstanding Open Work Permit application submitted with the PR application. That would provide "implied status" but if the application gets returned for being incomplete, implied status would not have applied.

AH I get it. thanks for explaining it! So, we can apply for an OWP along with the Inland application? And if the OWP is denied, then she will return back to her country but the spousal application will still be processed? And at that time does it become an Outland or still stay Inland cos both have a different processing time.

 

[zardoz]

AH I get it. thanks for explaining it! So, we can apply for an OWP along with the Inland application? And if the OWP is denied, then she will return back to her country but the spousal application will still be processed? And at that time does it become an Outland or still stay Inland cos both have a different processing time.

Close but not quite correct.

Yes to the OWP application. If she is out of status because of the OWP being denied, it's open to the possibility of her being removed but not automatically enforced. It's much better to keep extending the visitor visa, just in case. IF she does leave, the PR application will be considered abandoned. It will not transition to "outland".

Inland processing is designed for people who are already in Canada on extended period work/study permits. It's not really aimed at visitors, although this is not prohibited.

 

[canuck_in_uk]

I am an Indian citizen with a PR and my girlfriend is a Pakistani citizen and we are planning to get married in Canada next year. She is currently in Karachi and will be applying for a tourist visa.

If her tourist visa is approved and she comes there and we do a court marriage, will she be able to stay back in Canada while her inland spousal sponsorship application is being processed even if her tourist visa expires?

I am not sure what the minimum duration of the tourist visa would be. I am worried that they might give a very short (2-3 weeks) visa.

Note that as both India and Pakistan have significant cultural expectations for weddings, anything outside that norm, such as a court wedding, is generally a red flag for IRCC.

AH I get it. thanks for explaining it! So, we can apply for an OWP along with the Inland application? And if the OWP is denied, then she will return back to her country but the spousal application will still be processed? And at that time does it become an Outland or still stay Inland cos both have a different processing time.

Provided you pay the correct OWP fees and she is in status when the app is submitted, it will not be denied. An inland app cannot be changed to outland.

 

[frightenedpanda]

Close but not quite correct.

Yes to the OWP application. If she is out of status because of the OWP being denied, it's open to the possibility of her being removed but not automatically enforced. It's much better to keep extending the visitor visa, just in case. IF she does leave, the PR application will be considered abandoned. It will not transition to "outland".

Inland processing is designed for people who are already in Canada on extended period work/study permits. It's not really aimed at visitors, although this is not prohibited.

Got it. So, if the application is considered abandoned, can we still apply for an outland application from the home country?

Note that as both India and Pakistan have significant cultural expectations for weddings, anything outside that norm, such as a court wedding, is generally a red flag for IRCC.

We both are from the same Hindu religion and we do plan to have a small gathering of friends and family in Canada to complete the religious norms side of the marriage in a temple. We just figured that a court marriage will be less expensive and will let us register the marriage faster. What do you think should be done in order to not raise any red flags? We are not very keen on doing the whole Bollywood style flashy wedding haha

 

[canuck_in_uk]

We both are from the same Hindu religion and we do plan to have a small gathering of friends and family in Canada to complete the religious norms side of the marriage in a temple. We just figured that a court marriage will be less expensive and will let us register the marriage faster. What do you think should be done in order to not raise any red flags? We are not very keen on doing the whole Bollywood style flashy wedding haha

I suggest you complete all of the religious ceremonies before you send the app. Even if it isn't the flashiest, it will go a LONG way to supporting your marriage.

 

[frightenedpanda]

I suggest you complete all of the religious ceremonies before you send the app. Even if it isn't the flashiest, it will go a LONG way to supporting your marriage.

I agree. It makes more sense. And these religious ceremonies can be finished in Canada as well, right? While she's on a visa.

 

[canuck_in_uk]

I agree. It makes more sense. And these religious ceremonies can be finished in Canada as well, right? While she's on a visa.

Yes, they can be done here.

 

[zardoz]

I agree. It makes more sense. And these religious ceremonies can be finished in Canada as well, right? While she's on a visa.

Yes.

 

[frightenedpanda]

Yes, they can be done here.

thanks so much!

 

[frightenedpanda]

Yes.

great! thanks for the reply!

 

[frightenedpanda]

Yes.

Just one more question from an above reply. Suppose the OWP is denied and the Inland application is considered abandoned, can we apply or Outland spousal sponsorship? will the initial OWP denial and abandonment be a red flag and create issues in getting the Outland application approved? And also the fact that she got married while on a tourist visa.

This is like the last last resort for us, obviously. But I am trying to gather all the info I can.