Spousal Visitor Visa

[manubobby]

Hi Guys,

I would like to ask a few questions if you dont mind answering. I applied for PR to canada under PNP Family Stream as my sister is living there back in 2011.. and got my passport back last week with the visa.. I am planning on flying to Canada next month and do my landing ... I am currently single and I have been in 7 year long relationship and intend on marrying her soon.. and was waiting to get my visa and I do not want to get married now as I will have to return the visa and get do the whole application with the spouse that will be another 6 to 8 months delay.. ive already waited for 20 months to get this far. So I want to do my landing next month, and then planning on coming back to India in June or July and get married, so that I will have my PR card by then, what I would like to know is what is the easiest way to take my wife along with me when I get back? I dont want her to stay back in India after marriage while me being in Canada.. Do you think I get a visit visa for her? If so what are the requirements and later on how do I sponsor her to become a permanent resident and what are the requirements for that ? we have email chats that go back to 2007 and enough photographs, so I am assuming that shouldnt be a problem. What I would like to know if she should apply for visitor visa prior to getting married or after we get married? The important thing here is that I would like the two of us to go back soon after the marriage .. I do know that she wont be able to work when is on visitor visa, but do you think she can get an open work permit when I apply for a spousal PR? also while being in Canada on visitor visa, would I be able to apply for outland spousal visa or is it mandatory that I have to apply inland? Please do reply.. looking forward to your response.. Cheers

 

[just_do_it]

Good Call on not getting married untill you land as a PR. I've seen enough thick heads make that mistake and get their Pr taken away for misrepresentation upon landing.

As for getting married, Canada does not have a fiance visa. So you will have to get a regular visitor visa for her if you want her to accompany you to Canada. There a high chance of refusal. The reason being (as far as i think) is that even though you are married and you will eventually sponsor her for PR, there's a chance that your sponsorship may get denied due to whatever reason. So if they give your wife a visitor visa and she is in canada and your sponsorship is denied, there are very high chances she would just stay back in Canada with no status. so they try to minimize the risk. Thats just what i believe.

for your options, you can do the following:

1. Apply for her TRV after marriage and hope for the best. If she gets the TRV, you can spnsor her via inland processing. this takes a while before she becomes a PR but she will get an Open work Permit after initial assessment (which is still 7-12 months i believe). For outland, she can either apply via the US (if she has a valid status for 1 year in Canada) or via India. the down-side to that s that she will have to go to India/ US if an interview is requested and send her passport overseas to get stamped (which is always risky).

2. You sponsor her after returning to Canada. It does not take that long for straight forward cases with no complications. You said you have enough proof to show your marriage as genuine. then it should not take long. I have seen spousal visa's issued at New Delhi within 3-4 months of applying.

Good Luck.

 

[manubobby]

thanks a lot for the response buddy.. probably the best Ive got so far,

so basically what I am planning to do is that, she will apply for a visitor visa prior to getting married coz she has enough assets to prove that she will come back, and then after we get married (or the marriage function) we fly back together, it takes about a month to get the marriage certificate and while she accompanies me and stay with me for a few months, I will apply outland with India and then she will fly back to India to get her visa and stay there for a few months and once she gets her PR she will fly to Canada as Permanent Resident, the reason why I want to do this is that her father does not want her to stay in India for a long period after we get married, he wants us to fly to canada together and stay together for a few months before she heads back I suppose.. (society pressure.. wish I could explain or you should understand if you are INdian ).. so please let me know what you think about that.