Bringing my Mexican wife to Canada while having a Post Graduate Work Permit

[aristi2]

Hello,

I am not in a bad situation yet, but I want to prevent a huge issue that could present in the next couple of months.

I am from Mexico, did my Masters degree in Canada and found a good job here. I am currently a Post Graduate Work Permit holder, and am planning to marry my girlfriend of 5 years on May.

She has a Canadian visitor visa and has already come to Canada to visit me last year, but because we are not yet married she has not applied for the same permit I have. We are getting married in Mexico this May and I would like for her to come back with me after the wedding. I know for a fact that she can apply for the same permit I have while inside Canada (please let me know if this is not possible, I know my sources are credible but I would appreciate any replies I can get).

This all sounds nice, but I am really scared about her coming with me in May and people in Customs not letting her in, saying that she only married me because she wanted to come to Canada or something like that (we would be married for only a couple of days when we come back to Canada). Do you think that something like that is likely? I don't even know if I should buy her a one-way ticket (From Mexico to Canada only) or buy a two-way one just to prevent suspicion...

Has anyone been or heard about a situation like this?? All replies are greatly appreciated!

 

[scylla]

You hold a post graduate work permit. She will not apply for the same work permit you have. She will apply for a regular open work permit based on your PGWP. Note that you must have a full time job that is NOC A, B or 0 skill level in order for her to qualify to apply.

Yes - she can apply from within Canada.

It's impossible for any of us to say whether she will be allowed back into Canada if she leaves. This will be up to the CBSA officer you encounter at the border. How long she has already been in Canada may also affect re-entry. For example, if she spends five months in Canada, returns to Mexico for two weeks and they tries to re-enter Canada again, CBSA may not like this behaviour since she'll be behaving more as a resident of Canada rather than a visitor.

She must travel on a return ticket when she flies from Mexico back to Canada. If she only has a one way, the airline will deny her boarding.

 

[jairichi]

She must travel on a return ticket when she flies from Mexico back to Canada. If she only has a one way, the airline will deny her boarding.

In my humble opinion no airline has the authority to deny boarding for having a one way ticket and not having a return ticket. Only an immigration officer can deny entry in that case.

 

[scylla]

In my humble opinion no airline has the authority to deny boarding for having a one way ticket and not having a return ticket. Only an immigration officer can deny entry in that case.

Incorrect. Airlines do in fact deny boarding for those with one way tickets. All airlines have the full authority to do this and use this authority regularly. We've seen a number of examples on this forum. This is especially true for those who are traveling on a visitor visa. The airline requires they have a two way ticket in case they are refused entry into that country for any reason and are sent home on the next available flight. If the person does not have a two way ticket - the airline ends up eating the cost of the return flight. For this reason airlines demand two way tickets.

 

[jairichi]

Incorrect. Airlines do in fact deny boarding for those with one way tickets. All airlines have the full authority to do this and use this authority regularly. We've seen a number of examples on this forum. This is especially true for those who are traveling on a visitor visa. The airline requires they have a two way ticket in case they are refused entry into that country for any reason and are sent home on the next available flight. If the person does not have a two way ticket - the airline ends up eating the cost of the return flight. For this reason airlines demand two way tickets.

Well, that is wrong from the part of airlines asking for return tickets for boarding. I had spoken about this to two immigration officers (not in Canada but one in Frankfurt and other in US) and they told me that airlines has no authority on this. If they do then it is completely wrong. Airlines need to check whether the passport information is correct and look whether proper visa or documentation for travel is there. If return tickets are not available and if the passenger is denied entry and return back they recover that money from passenger through legal means.

If anyone faces such situation they need to take up with the higher authority of concerned airline or airport manager. Having said that however it is a requirement to have return tickets on a visitor visa to satisfy the immigration officer at POE.

 

[scylla]

Well, that is wrong from the part of airlines asking for return tickets for boarding. I had spoken about this to two immigration officers (not in Canada but one in Frankfurt and other in US) and they told me that airlines has no authority on this. If they do then it is completely wrong. Airlines need to check whether the passport information is correct and look whether proper visa or documentation for travel is there. If return tickets are not available and if the passenger is denied entry and return back they recover that money from passenger through legal means.

If anyone faces such situation they need to take up with the higher authority of concerned airline or airport manager. Having said that however it is a requirement to have return tickets on a visitor visa to satisfy the immigration officer at POE.

Have you ever read the small print on an airline ticket? You realize there are many reasons why an airline can deny someone boarding? They have the authority to deny boarding no matter what you may think. They do not require immigration authorization to do so.

 

[jairichi]

Have you ever read the small print on an airline ticket? You realize there are many reasons why an airline can deny someone boarding? They have the authority to deny boarding no matter what you may think. They do not require immigration authorization to do so.

All I am saying is they cannot deny boarding for not having return tickets.

 

[aristi2]

Thanks both jairachi and scylla for your replies. It is obvious that until she applies for a work permit I will have to buy her a return ticket, which is disappointing, but no big deal.

One thing though scylla, on that example you used. Let's say she stays in Canada for 5 months with me (as a visitor she can stay up to 6 months, correct?) and while she is here, she applies for the work permit (as you said, she wouldn't apply for the one I have, but for an open one with the same duration as mine). Once she gets it, can she cancel her flight back? I imagine it might have negative effects on her history, but not too sure.

I am asking because our goal, obviously, is to apply for PR together. In my current job I am able to apply for PR after one year of working (I live in Nova Scotia, not completely sure the name of the program, I work in Finance/Accounting). So it would be easier if she just doesn't go back, and if she does, I wouldn't want her to be stuck in Mexico for more than 2 weeks. And of course I don't want the end result to be the one in your example, in which she's not permitted to return.

 

[scylla]

One thing though scylla, on that example you used. Let's say she stays in Canada for 5 months with me (as a visitor she can stay up to 6 months, correct?) and while she is here, she applies for the work permit (as you said, she wouldn't apply for the one I have, but for an open one with the same duration as mine). Once she gets it, can she cancel her flight back? I imagine it might have negative effects on her history, but not too sure.

Yes - she can certainly cancel her flight back or simply not board it.

Note that how long she is allowed into the country is determined by the CBSA official she speaks to when she enters the country. Most visitors are given the default six months - but some aren't.