Need clarification on spouse sponsorship..

[asker]

I am an applicant under Canadian Experience Class and already submitted my medicals.

I am looking to get married very soon so wanted to know up until when I can include my spouse with my application.

I noticed that the rule on http://www.cic.gc.ca/english/resources/manuals/op/op25-eng.pdf states :

""" Family members can be added to the application at any time during the process, including after the visa is issued but prior to obtaining permanent resident status""".

Could anyone clarify for me "what is visa issued" means and what is "obtaining permanent resident status" mean - what are the the steps of processes between these two?.

 

[scylla]

If you get married anytime before you land in Canada with your PR visa and become a permanent resident in Canada, then you must add your wife to your application. If you have already been issued a PR visa (but haven't landed) by the time you get married, then you must return the PR visa that has been issued to you and submit the paperwork required to add your wife to your application. Once CIC has reviewed your wife's paperwork and approved her as well, you will be issued a new PR visa along with your wife.

 

[truesmile]

Just to add . . . following Scylla's instructions above as noted CANNOT be "underemphasized" ! ! (By the way, you don't "obtain PR status" until you have "landed", even though you may have your COPR - Confirmation of PR)

If you do NOT declare your spouse before you land, your spouse will FOREVER be EXCLUDED from being sponsored under 'Family Class'.

There is no "I didn't know", there is no "won't they grant us some leeway", there is NO (successful) APPEAL on this clause famously known as para. 117(9)d.

 

[canadianwoman]

Include her as soon as you get married. There is no point in delaying notifying CIC of your change in status. You must add her to your application, so waiting until they have already issued you a visa is just wasting time. That visa will then be revoked while they process your wife, and then the two of you will get new visas, supposing she is admissable to Canada.

Do not marry her, go to Canada and land as single, then try to sponsor her. This never works.

 

[asker]

Thanks guys, would be great if could get some further clarifications regarding "landing".

At present since I am already working in Canada, I believe once I receive COPR - Confirmation of PR, I would need to re-enter Canada to change my status.

My question is - if I travel out of Canada after I receive a PR application approval ... (say to get married)...when I reenter Canada, does my current work visa automatically change to PR visa EVEN if I want to continue with my work visa? The reason for this would be to give me the time to include my spouse once I am back in Canada.

 

[Rob_TO]

Thanks guys, would be great if could get some further clarifications regarding "landing".

At present since I am already working in Canada, I believe once I receive COPR - Confirmation of PR, I would need to re-enter Canada to change my status.

My question is - if I travel out of Canada after I receive a PR application approval ... (say to get married)...when I reenter Canada, does my current work visa automatically change to PR visa EVEN if I want to continue with my work visa? The reason for this would be to give me the time to include my spouse once I am back in Canada.

You don't become a PR until you officially land as a PR. So if you got your COPR as a single person, then went back home to get married... the COPR would immediately be voided since you are no longer single, so you wouldn't be able to land or get your PR status. You would have to come back to Canada under your existing work visa. You would need to inform your visa office and add your new wife to the application, get a new COPR for the both of you, and then land.

If you got COPR and landed as single and became a PR, THEN left to get married... then you would need to sponsor your wife in a separate application.

 

[canadianwoman]

My question is - if I travel out of Canada after I receive a PR application approval ... (say to get married)...when I reenter Canada, does my current work visa automatically change to PR visa EVEN if I want to continue with my work visa? The reason for this would be to give me the time to include my spouse once I am back in Canada.

To 'land' means to use the PR visa to enter Canada. So I suppose you could not enter Canada with the PR visa, even though you have it already, and enter with your work visa. Which would leave you free to add your wife to your PR visa application.
But it sounds a little risky. I would consult a lawyer about this.