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AvByT

Newbie
Nov 14, 2012
3
0
Hi All - I'm a Canadian Citizen living in India and my wife's an Indian Citizen. We are looking to move to Canada in 30 or so days.

OPTION#1
She already has a Multiple Entry visitor visa on her passport and I'm thinking of applying for PR before we leave India as it seems a much faster process. My question is can she come with me and stay with me for the few months left on her visa while her PR application is processed in India. I understand that she will have to come back to India to finish the PR process.

OR

OPTION#2

Take her with me to Canada and start the PR process once we reach Canada? I know it takes longer almost 4-5 months longer but it saves the hassles of Dual Intent denial of Temporary Visit visa if she wants to come to visit me.

Thanks in advance for all the help/insights.
 
Read Leon's post at the top of this thread. It is very informative.
 
Rusty - Thanks for the pointer. I tried going through but unable to get the exact information in the multiple pages thread. Do you have links to any particular page that can help me?

Or it would be best if you could help me with my queries.

Thanks
 
AvByT

I can tell you what is best. My wife and I decided to apply inland for the simple reason that we could be together. Does it really matter how long it takes if you are both together. Our case is different though because we were not married when my wife came to Canada. We got married once she was here and then applied inland.
 
AvByT said:
Rusty - Thanks for the pointer. I tried going through but unable to get the exact information in the multiple pages thread. Do you have links to any particular page that can help me?

Or it would be best if you could help me with my queries.

Thanks

You will have to make the decision with what is best for your case - nobody can tell, as it really depends on so many personal factors..

If you decide for outland, it also depends on when you are thinking of moving to Canada.... IF you have the application ready now, you can apply, and if you are planning on moving in 6 months, you might be almost done by then.... if you are moving in 2 months it's a different story.

New Delhi is one of the very fast VO, but of course it depends if your case is complicated. Because you are a Canadian citizen ( not a PR) you can stay out of the country for the whole process... so you could also apply now, wait that the PR is granted, and move together...

Or - apply now, and move even if the PR is not granted. There is always a risk fr your wife to be denied entry at the border, but you can try and minimize the risks - by having a return ticket for example for your wife to India, and show her ties to India...

Your wife will have to travel back to India even if an interview is not required as you can not send Indian passports overseas... it's illegal. So you can also prepare that as an argument at the border - if you move before the PR is granted. If you have a return ticket, a PR application already going on ( and proofs of that), chances are that your wife will be let in at the border - but it's up to the border officer to decide.

Inland can also work, it depends on your situation, if you don't mind waiting a little more - your wife would probably get through the first stage ( and get an open work permit if she applies at the same time) after 6 to 7 months ( as inland is now). So really - choice is yours, and I don't think that anybody on this forum can tell you what is best in your case - we can tell you what we did ( for my case, applied outland, moved on a tourist visa before the PR was granted and waited it out here - was granted PR a few days ago).

Good luck,
Sweden
 
Thanks Sweden and congrats on the success. Few followups to understand better:

Outland: So you were successful in getting a visitor Visa while your PR was processing? Was it easy process?

Inland: Can she travel with me to Canada now on a Vistor visa(multiple entry) and mention in her visa application that we intend to apply for her PR when we get there?
Also, can she travel in/out of Canada at all over the inland PR processing time?

I didn't know that the work permit application can be submitted with the PR application so thanks for that detail but I need more clarification to understand. Is the work permit application a way of extending time for her to stay till the PR processing take time? Sounds like if the Work Permit comes through before PR then get automatic status in Canada, right?

Thanks!
 
AvByT said:
Thanks Sweden and congrats on the success. Few followups to understand better:

Outland: So you were successful in getting a visitor Visa while your PR was processing? Was it easy process?

Inland: Can she travel with me to Canada now on a Vistor visa(multiple entry) and mention in her visa application that we intend to apply for her PR when we get there?
Also, can she travel in/out of Canada at all over the inland PR processing time?

I didn't know that the work permit application can be submitted with the PR application so thanks for that detail but I need more clarification to understand. Is the work permit application a way of extending time for her to stay till the PR processing take time? Sounds like if the Work Permit comes through before PR then get automatic status in Canada, right?

Thanks!

For outland: I am from a visa-exempt country, so I didn't need to apply for a visa beforehand, I can ask for a 6 months tourist visa at the border. I was very open about my PR though - when asked for how long I wanted to stay, I stated that I would like at least 6 months because I have a PR application on going (I had the sponsorship letter with me in case they asked for proofs, but they didn't), and I wanted to remain in Canada to wait out the PR. The border officer asked a couple of more questions (whether I was still employed - no, and where I will stay - with my partner), and then stamped my passport (good for 6 months). I didn't have a return ticket, but I had printed extracts of my bank account to show that I had the funds to pay for one if needed - but was not asked for it either. All in all, a fairly easy process, but being from visa-exempt country is of course a big help.

Inland - I am not sure about the answer of your first question. I know that spouses of Canadian citizen are quite often denied visitor visa because the government doesn't think that the person will leave the country at the end. But if your wife already has a multiple entry visa, maybe it's different, and I don't know enough to be able to answer that question.

About traveling - no, she can't. Well technically she can, but if when trying to come back into Canada, she is denied entry, her inland application will be deemed abandoned ( because the applicant should stay in Canada while inland processing), so it's a very important factor to consider... if she is denied entry, then you would have to put together a new application and sponsor her outland.

For the work permit : You send the the application for an open work permit at the same time as the inland application, and once you get the AIP ( Approval in Principle), then they will also look at the OWP - so once you have the AIP, you get a work permit, and your wife can work while waiting for the rest of the PR application to be processed. I have applied outland, so I don't know much about the inland process, but that part is explained in different posts on the forum.

If you applied for inland before your wife's status in Canada expires, then she will be on "implied status" until her application is processed, but she won't have a work permit until the first stage is approved.
Here is the excerpt from Leon's first post about inland:

If your spouse is staying in Canada as a visitor or on some other visa, you can pick whether you want to apply outland or inland. Outland is generally faster and has appeal rights but a downside to outland is that if an interview is required, your spouse will have to travel to the visa office in the country where it's being processed. Inland has the downside that it's generally not advised that your spouse travels while you are waiting for your processing because it is a requirement of inland that they reside in Canada and if they are denied entry at the border for some reason, your application is gone. If an interview is required for inland, you may also have to wait a long time for it. The inland application would be sent to Vegreville and if all goes well, you would get a first stage approval, usually in 6 to 8 months. The current processing times can be seen here: http://www.cic.gc.ca/english/information/times/canada/process-in.asp#perm_res Then the file is forwarded to your local CIC office where you live and they will contact you for a landing appointment. Getting the PR with inland usually takes 12-18 months. If an interview is required for inland, Vegreville will not give first stage approval but instead will forward the application to the local CIC office without it and you will have to wait for them to have time for your interview. In some cases that can take a year or two. If you do get the first stage approval, your spouse will usually be eligible for health care and an open work permit. It is actually a good idea when applying inland to send an application form for a visit visa extension as well as the open work permit to be given at first stage approval all in one package so it's tied together.

Sweden