pegasus09 said:
Hi, I am new on this forum. I'm hoping to find out some information about the process and options that could be available for me.
I have an open work permit which is valid till another 2 years. I completed my studies and have a skilled job and will meet 1 year condition of working with post graduation work permit in July 2013 and then I will be able to apply for my Permanent Residence (PR).
Since I am at that stage of my life when I should get married. I am planning to go to India in February 2013 my girlfriend is there. I want to know if it is a good idea to get married before applying for my PR? Will it create problems if I get married before applying for my PR ? Is there any other way I should do this? Should I get married after I apply my PR or I'll have to wait till I actually receive my PR to get married? Please help me as I am so ignorant about my options. I came to Canada as a student and I graduated last year and received my Open work permit (post graduation work permit) in March 2012.
I would be really thankful if someone can guide me in the right direction.
With a 2 year work permit, your spouse can obtain an open work permit for the same period of time.
Your spouse or common-law partner and children can come with you to Canada or visit you in Canada, but they must meet all the requirements for temporary residents to Canada: they must satisfy an officer that they will only stay in Canada temporarily, and they may have to prove that they have no criminal record. If your spouse or common-law partner and children need temporary resident visas, they must also meet all the conditions for obtaining those visas.
Source: http://www.cic.gc.ca/english/information/faq/work/index.asp
If you are working in a skilled job (NOC O, A or B) then your spouse will qualify for an open work permit:
If your spouse or common-law partner wants to work while in Canada, they must apply for their own work permit. Normally, they must meet the same requirements that you do, including obtaining (if needed) a labour market opinion from Human Resources and Skills Development Canada.
However, your spouse or common-law partner may be eligible to apply for an “open” work permit that will allow her or him to accept any job with any employer if you meet the conditions outlined below.
A. You are authorized to work in Canada for six months or longer and the work you are doing while you live in Canada meets a minimum skill level (usually work that would require at least a college diploma). Specifically, your job must be listed in Skill Level 0, A or B in the National Occupational Classification.
Note: If you are the holder of a Post-Graduation Work Permit, which is a type of open work permit, your spouse will need to attach a copy of your work permit to his or her application for an open work permit. Your spouse will also need to provide information about your employment by attaching supporting documents, including:
A letter from your current employer confirming employment or a copy of your employment offer or contract; AND
A copy of one of your pay slips.
Or
B. You are authorized to work in Canada and your spouse or common-law partner is eligible for a work permit through an active pilot project. Find out more.
In each of the above cases, your spouse's permit will be valid for the same period as yours.
Same source as previous quotation.
If she can obtain entry to Canada prior to your marriage it may be easier. VOs seem very suspicious that people will not leave otherwise. She could even come to Canada for a visit, choose to marry you and then apply (inland) for a WP. Of course, you can apply for PR with her as your spouse or partner.
If you choose to wait until after your PR, you make it more complicated for yourself - then you must wait for your processing time plus then get married and finally for her processing time. In addition, it may be difficult for her to obtain a TRV and you cannot be outside Canada while you are sponsoring her - but you can be outside Canada while both applying under CEC.
The other caution: do nothing that will create a relationship between the two of you (like living together or getting married) if you wish to wait until after you have PR. Otherwise, you have to declare her and have her considered as part of your own application.
My suggestion, with just an eye towards immigration and being together would be to have her obtain a TRV to come visit Canada. If she qualifies for such a TRV, either get married in India and then have her come to Canada, or have her come to Canada and get married here. Once in Canada she can apply inland for an open work permit (assuming she qualifies).
If she does not qualify for a TRV before marriage, it is unlikely she will afterwards. But once married, you can initiate your CEC application. They will make sure your relationship is genuine, but she will be evaluated at the same time as you, so that once you are given PR, she will also be given PR. Then she can come to Canada.
This minimizes the amount of time you will be apart.
