Want to bring my girlfriend to canada

[aliptpatel]

Happy new year everyone,

I am from India and working in Canada since 15 months. I came here on a study permit so I have been in Canada since last 29 months. I was in a relationship before I came to Canada with my Indian girlfriend. Its been 5 years now in a relationship and we decided to get married. But due to some family issues, we have decided to get married in Canada. We Can't perform religious way to marry in India because of family issues. She has done her Master's degree in Computer science and working since 1.5+ years as a software engineer. I have done master's in mechanical engineering in Canada and working in an automotive company. My work in not in the same company during 15 months of my work experience. I have changed companies and been in current company since 2 months.

She did some inquiry back in India for visitor visa but she got response that she has less chances o get approval as she don't have visas or travel history from other countries.

I found online that she can apply for visa with a statement of ties she have in india that forces her to go back to india after her visit to canada. But those are for Canadian Citizen or Permanent Residence. Since I have been on a work permit, what are the ways and possibilities for me to call her in Canada for marriage? she is planning to stay here for about 2 to 3 weeks and go back to india for her work. CAn someone help me with this issue? It would be a great help. Thank you guys.

 

[aliptpatel]

update:

I have applied for PR under OINP in Master's Graduate Stream in September 2017. My file is under process right now. I want to marry her as soon as she come to canada so I can sponsor her for open work permit and add her name in my PR application to get her PR along with me. I know this will start my PR application from beginning and take longer but as I am not planning to marry her in a religious way, it will be hard to convince immigration officer about our marriage. That is another reason why I want to marry her in canada. All help is appreciated. Thank you again.

 

[Jtpolzin]

But there is no fiancé visa for Canada and it sounds like you want her to stay which goes against a visitor visa.

I don’t know what you want Canada to do. They don’t just hand out visas because you want to get married and sponsor her. You would need to go back to India marry her there and sponsor her from canada

 

[Bryanna]

But due to some family issues, we have decided to get married in Canada. We Can't perform religious way to marry in India because of family issues.

Based on your post, I am assuming you and your girlfriend are of two completely different religions. In which case, you and your girlfriend cannot have a religious wedding ceremony. Any religious ceremonial marriage you perform will be legally null and void + will not be accepted for Canadian immigration.

That being said, there's nothing stopping you from marrying your girlfriend in India as per the 'Special Marriage Act' for two consenting individuals of different religions and/or any other reasons that prevent you from marrying in a religious ceremony. This marriage act is recognized for immigration to Canada.

She has done her Master's degree in Computer science and working since 1.5+ years as a software engineer. I have done master's in mechanical engineering in Canada and working in an automotive company. My work in not in the same company during 15 months of my work experience. I have changed companies and been in current company since 2 months.

Not sure about the kind of advice you are seeking for your change in career profile.

She did some inquiry back in India for visitor visa but she got response that she has less chances o get approval as she don't have visas or travel history from other countries.

Travel history is not the only criteria that's considered for TRVs/visitor visas.

I found online that she can apply for visa with a statement of ties she have in india that forces her to go back to india after her visit to canada. But those are for Canadian Citizen or Permanent Residence.

That's incorrect. Anyone residing in Canada with a legal status can invite a visitor.

A 'Statement of Ties' won't work. What would work is hard evidence that she has reasonably strong ties to return to India.

Since I have been on a work permit, what are the ways and possibilities for me to call her in Canada for marriage? she is planning to stay here for about 2 to 3 weeks and go back to india for her work. CAn someone help me with this issue? It would be a great help. Thank you guys.

Your options are:
1. Marry her in India as per the 'Special Marriage Act' and then include her in your PR application as an outland process. She won't be able to include an OWP with her PR application, or

2. She must apply for a TRV/visitor visa. The chances of a TRV approval are almost zero if her purpose of visit is to get married in Canada

update:
I have applied for PR under OINP in Master's Graduate Stream in September 2017. My file is under process right now. I want to marry her as soon as she come to canada so I can sponsor her for open work permit and add her name in my PR application to get her PR along with me.

She is NOT eligible to apply for an OWP because you are not a PR.

You can add her to your PR application after you marry her so that both of you get your PR at the same time

 

[aliptpatel]

Based on your post, I am assuming you and your girlfriend are of two completely different religions. In which case, you and your girlfriend cannot have a religious wedding ceremony. Any religious ceremonial marriage you perform will be legally null and void + will not be accepted for Canadian immigration.

That being said, there's nothing stopping you from marrying your girlfriend in India as per the 'Special Marriage Act' for two consenting individuals of different religions and/or any other reasons that prevent you from marrying in a religious ceremony. This marriage act is recognized for immigration to Canada.



Not sure about the kind of advice you are seeking for your change in career profile.



Travel history is not the only criteria that's considered for TRVs/visitor visas.



That's incorrect. Anyone residing in Canada with a legal status can invite a visitor.

A 'Statement of Ties' won't work. What would work is hard evidence that she has reasonably strong ties to return to India.



Your options are:
1. Marry her in India as per the 'Special Marriage Act' and then include her in your PR application as an outland process. She won't be able to include an OWP with her PR application, or

2. She must apply for a TRV/visitor visa. The chances of a TRV approval are almost zero if her purpose of visit is to get married in Canada



She is NOT eligible to apply for an OWP because you are not a PR.

You can add her to your PR application after you marry her so that both of you get your PR at the same time

Thanks bryanna for replying.

Religion is not a problem in a marriage. Its a family matter. we can perform religious marriage but parents are not supporting us for that. What I want is to marry her in Canada so we don't have to give any other proofs except marriage certificate. If I do a registered marriage aka court marriage in India, the visa officer will ask us for photos of the ceremony performed. Ceremony is only performed in a religious marriage. We do have photos of us together. Also I have visited her last year so we have pictures together as well. I have sent her gifts that can be a proof of our relationship if VO asks us to prove our relationship.

About OWP, my friends have sponsored their wives during their own work permit status. So I am thinking to call her on a TRV as a normal visitor and marry her here.

 

[aliptpatel]

But there is no fiancé visa for Canada and it sounds like you want her to stay which goes against a visitor visa.

I don’t know what you want Canada to do. They don’t just hand out visas because you want to get married and sponsor her. You would need to go back to India marry her there and sponsor her from canada

Thanks Jtpolzin for replying. I don't want her to stay here with me after marriage. She will go back to India and I will sponsor her for Open Work Permit. Once she gets approval, she will come back on a legal status and I will also include her in my PR application. So this way she can stay with me on a work permit status and eventually continue working while our PR application is in process.

 

[Bryanna]

Religion is not a problem in a marriage. Its a family matter. we can perform religious marriage but parents are not supporting us for that. What I want is to marry her in Canada so we don't have to give any other proofs except marriage certificate.

Whether you marry her in Canada or in India, you would need to provide a whole bunch of evidence to prove that you are in a genuine marriage.

If I do a registered marriage aka court marriage in India, the visa officer will ask us for photos of the ceremony performed.

It is not a 'court marriage' and is not solemnized in a court. It is a marriage registered under the 'Special Marriage Act' and performed by a Marriage Registrar (which can even be in a special venue or at someone's home).

As for evidence of this type of marriage:
Notarized copies of the marriage certificate and publishing the 30 days' notice prior to the marriage + photographs of (a) signing the marriage register, (b) with the Marriage Registrar and (c) with the two witnesses

Ceremony is only performed in a religious marriage. We do have photos of us together. Also I have visited her last year so we have pictures together as well. I have sent her gifts that can be a proof of our relationship if VO asks us to prove our relationship.

This is not sufficient. You would also need to include other evidence such as chat transcripts, records of phone calls, letters and emails, etc etc

About OWP, my friends have sponsored their wives during their own work permit status. So I am thinking to call her on a TRV as a normal visitor and marry her here.

You are confusing the two immigration situations. What you referred to in your previous post does not apply as you are not a PR.

She can apply for an SOWP only after you have married her and if you have a WP (i.e. you have not received your PR)

 

[aliptpatel]

Whether you marry her in Canada or in India, you would need to provide a whole bunch of evidence to prove that you are in a genuine marriage.

What kind of proofs do I need to prove my marriage is a genuine? Are they same as you have stated in your comment? (i.e. chat transcripts, phone calls, letters etc)

It is not a 'court marriage' and is not solemnized in a court. It is a marriage registered under the 'Special Marriage Act' and performed by a Marriage Registrar (which can even be in a special venue or at someone's home).

As for evidence of this type of marriage:
Notarized copies of the marriage certificate and publishing the 30 days' notice prior to the marriage + photographs of (a) signing the marriage register, (b) with the Marriage Registrar and (c) with the two witnesses

Thank you for clearing out. I meant exactly what you have said but didn't know that it is covered under "Special Marriage Act"

This is not sufficient. You would also need to include other evidence such as chat transcripts, records of phone calls, letters and emails, etc etc



You are confusing the two immigration situations. What you referred to in your previous post does not apply as you are not a PR.

She can apply for an SOWP only after you have married her and if you have a WP (i.e. you have not received your PR)

Does SOWP means a Sponsored Open Work Permit?

 

[Bryanna]

What kind of proofs do I need to prove my marriage is a genuine? Are they same as you have stated in your comment? (i.e. chat transcripts, phone calls, letters etc)

Yes.

There are a number of other evidence to prove a genuine relationship: Photographs of holidays taken together, joint bank accounts, joint financial investments, add-on credit cards, letters of support from family members and friends, photographs with family and friends, rent agreement in both names, etc etc

Does SOWP means a Sponsored Open Work Permit?

SOWP: Spouse Open Work Permit

 

[aliptpatel]

Yes.

There are a number of other evidence to prove a genuine relationship: Photographs of holidays taken together, joint bank accounts, joint financial investments, add-on credit cards, letters of support from family members and friends, photographs with family and friends, rent agreement in both names, etc etc

Thanks bryanna, I was worrying about the proofs I need because friends of my friends have trouble proving their marriage as a genuine marriage as VO ask a lot of proofs.
One more question, chat records I have are not in english. Can I still use them in my proofs?