am a PR holder and planning to get married this year. Would it be easier to get sponsorship if we register our marriage in Canada ? Or we can get married in India and then apply from India ? I have heard that if we register the marriage in Canada and apply PR from there then the spouse cannot travel out of Canada until PR decision is made - is this true
Spouse sponsorship
- Thread starter Nchoudhary
- Start date
You cannot sponsor your spouse from India if you are a PR holder, you will have to stay in Canada through the sponsorship process (1 year). Does your spouse hold a TRV currently?
No this is not true. If you are resident in Canada, as required for a PR to be a sponsor, you have the option of applying under Family Class, which does not require the Principal Applicant to reside in Canada.
Yes my to be spouse has travel visa, if we marry in India - do I have to be present in Canada for a year until his sponsorship is completed ? Can he travel in and out of Canada during that process ?
So whether we marry in Canada or in India he would have the liberty to travel ? I was told that if we get married in India , I have to be present in Canada for a year to sponsor him - this way he can travel Canada meanwhile his application is under process. But if we get married in Canada and we apply for sponsorship from Canada then he cannot travel out of Canada...so very confused
The PR sponsor must stay resident in Canada during the whole of the application process.
The applicant is required to be resident if you apply under the "Spouse or Common-Law Partner in Canada Class" .
The applicant is not required to be resident if you apply under the "Family Class".
Where you marry is not relevant.
I think you are getting confused with inland vs outland sponsorship. If you apply inland in Canada then yes he needs to be here. But you can also apply outland while he stays in Canada. I would read up on outland vs inland.
1. All sponsorship will require for you to remain in Canada the whole time. A vacation of 2-3 weeks seems to be tolerated.
2. In inland your spouse would have to remain in Canada the full time (2-3 weeks vacation seems tolerated but no guarantee he can reenter). He can also apply for a OWP with the inland option. It will take around 4 months to receive. For Outland he can travel. Never any guarantee he will be let in after any visit. He won’t qualify for a work permit so won’t be able to work in Canada until he gets PR.
2. In inland your spouse would have to remain in Canada the full time (2-3 weeks vacation seems tolerated but no guarantee he can reenter). He can also apply for a OWP with the inland option. It will take around 4 months to receive. For Outland he can travel. Never any guarantee he will be let in after any visit. He won’t qualify for a work permit so won’t be able to work in Canada until he gets PR.
I would recommend reading up on the differences between inland and outland sponsorship. If you apply for inland sponsorship, it means the principal applicant is living in Canada already. Outland sponsorship is for when the principal applicant lives outside of Canada. Because you are a PR holder, you can only be a sponsor while you live in Canada, only citizens can initiate the process from outside Canada. The principal applicant can visit Canada while the sponsorship process is ongoing, but just be warned that it can be hard to get a tourist visa. Since your partner already has one, they shouldn't have a problem. Where you get married doesn't matter, as long as you are able to get the official documentation to show that you are married. Hope that is helpful!
For reference :
"Spouse or Common-Law Partner in Canada Class" = "inland".
"Family Class" = "outland".
That is all...
"Spouse or Common-Law Partner in Canada Class" = "inland".
"Family Class" = "outland".
That is all...
I was simplifying specifically for this post. I know you can apply outland if your spouse lives with you in Canada if you want to. I was trying to explain to the OP that if her husband is going to be living in India, outland sponsorship is what to do.
Hi
1. You still haven't got it right. The sponsor is a PR, and must reside in Canada during a "outside" sponsorship. Only Canada citizens can sponsor a spouse while residing abroad.