De Explorer said:
Dear Kollins
I dont completely agree. The check on non-accompanying spouse is not only good if the couple involved may be getting divorced in the near future. It may be tricky and erroneous to assume that non accompanying spouses may be getting divorced. The essence of non accompanying can be applied to a number of scenarios.
First and foremost we have to appreciate the essence of a PR visa. It implies permanent migration to Canada and you can only maintain this status if you are able to spend a certain cumulative number of years in Canada.
If the spouse is not immediately available to migrate and is unable to spend this required number of years in Canada, it is definitely not advisable to tick the accompanying option as the Visa would be issued and activated upon landing. The implication is that the spouse stands to loose the PR status if he or she is unable to fulfill residency requirements as the Visa will otherwise not be renewed.
Worse still, the spouse may also face difficulties in obtaining a temporary visa afterwards because of his or her records. Reasons being that he or she may have to explain why he or she was turned down at a Canadian Border which you agree may be complicated and require legal representation.
There are several reasons why the Spouse may not be able to immediately accompany the family which is not limited to the following:-
1. Political interests
2. Business concerns
3. Work priority
4. does not intend to reside in Canada permanently e.t.c.
It is therefore preferable to plan to sponsor the non accompanying spouse when he or she eventually intends to permanently migate to Canada. For this purpose there is an in-country application and out of country application.
The in-country application can be made from within Canada. The good news is that Canada has started a pilot program for this cadre of spouses which enables them work in Canada while their application is being processed. It is called the OPEN WORK PERMIT. Please click on this link to read information on this.
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=177&t=17
@ De explorer,
unfortunately i disagree with you, and you may need to reconsider Kollins advise to the respective party.
It is safer to include accompanying spouse nowit will only delay by weeks than apply for an open work permit..DELAY ISNT DENIAL
your link below only accommodates and for answers for individuals from within canada
http://www.cic.gc.ca/english/helpcentre/answer.asp?q=177&t=17
however, you must also understand that spouse in question's information is definitely in the additional family information as the Husband or partner and this person also did medicals if i am not wrong..
More reason AVO always ask for an update of information at every stage..
worse case a request for application fee would be requested and also additional RFRF fees would be required to be paid..
open work permit can't work in this situation.. however open work permit take about 3- 6 months..
why waste time when the delay may only be for another 45days max and they can all do their landing together..
its important to understand the canadian system properly..
NO WONDER THEY ALWAYS ASK FOR UPDATED INFORMATIONs on changes of your situation up until PPR.. hence her situation has changed and she needs to do the needful asap.. she should contact AVO, via CSE...( there is no difference btw adding husband and family except for fees that needs to be paid..
This is an expert advise from a friend that was in a similar situation and also a friend that had an open work permit for close to 6 years before getting his PR last year.. so i know what i am talking about..
NB... Accompany spouse doesn't need to do landing with principal applicant.. as it can be done separately( as every individual has his/ her own Copy of COPR).. BUT the principal applicant MUST BE THE FIRST TO COMPLETE LANDING if they decide not to do landing together due to spouse busy schedule/other business plans/ any other reasons that may be..
