SPOUSE APPLICATION (URGENT)

[malikjatin]

Hi
I am a Chartered Accountant from India and have a canadian PR.
I got married last year and been living in India since then.
My wife doesn't have a PR and we both want to go to Canada now.
Now, there are 2 alternatives,
1) I go to canada, and sponsor her under spousal category. How much time it generally takes once I land there to get her visa?
2) She has already given her IELTS and got 7 band overall and is eligible for express entry. So, second option is we shall apply her case independently. How much time will it take after getting WES done?

Please guide. My preference is that we should not live apart for more than 3 months in any case.
Really looking for support from this community.

Thanks

 

[malikjatin]

Please reply

 

[evdm]

Firstly, don't forget your own residency requirement; you have to be in canada for 730 days every 5 years.

Secondly, as a PR you can only sponsor someone while you are living in Canada. This process can take up to 1 year, but most cases are dealt with between 6-10 months. You would be able to visit your wife while the application is in process, but these have to be short visits (probably 2 weeks max.).

Thirdly, when did you get your PR? Was this before you met your wife? If so, you shouldn't have issues sponsoring her. If you and your wife were already together and married or considered Common Law before you landed and she wasn't examined during your application you can never sponsor her. Though from what you describe you wont have to worry about this.

If your wife qualifies for EE on her own, this might be the fastest route, and it will allow you to travel together. I don't know the processing times, but always be mindful of your own residency obligation for a rolling 5-year period. You wouldn't want to land with your wife and be reported for failure to meet RO, while she is getting hr PR. Make sure you are in canada for a minimum of 730 days in the last 5 years (or if you became a PR less than 5 years ago you can still reach 730 days in the first five years from the date of landing).

 

[evdm]

Please reply

You'll need a lot of patience when dealing with IRCC, getting answers on this board is no different. It takes time (especially when it's still early morning in Canada) for people to see your thread and reply. Adding "urgent" to the thread title also seems a little overboard to me. I understand you want an answer, but remember that nobody owes you anything. We're all here to help one another out.

 

[evdm]

I've looked through some of your older posts and this has been a question of yours for nearly 2 years. Not much has changed on the advice that's been given to you in the threads you have started on this topic.

You became a PR in September 2015 and you've been in Canada for one month since then (the date you got your PR Card is irrelevant, you landed in September 2015 and that's the date that counts). You were married in April 2016. Had you been living together with your wife for at least a year before Sept. 2015?

You are cutting it very close with your own residency obligation, and you will need to return to Canada by October of this year at the very latest (but it would be best to go sooner) to not risk losing your own PR status. And when you return to Canada you should plan on not leaving the country at all for at least 2 years, to make sure you meet the residency obligation.

You may be facing some time apart from your wife. You've been given some good suggestions on this forum already, but it seems like you aren't willing to accept them as answers. Nobody here can change the process of the Canadian immigration system, we can only share experiences and help others through it. If you're looking for a magical answer that will allow you to sponsor your wife and not be separated, while she's able to keep working in Canada, it's not going to happen. You could apply for a TRV for her, and do an inland application which allows you to apply for an Open Work Permit, but this will mean a 3-4 month gap in which she would not be allowed to work in Canada. Also, getting the TRV might be difficult to begin with.

Like I said above, her best bet is Express Entry if she qualifies on her own. But... you have to return to Canada soon (potentially before she is allowed to join you) if you are to remain a PR yourself.