Work Visa and PR for spouse

[Genesis923]

Hi,
My son is currently in US and is shifting to Canada on PR. His wife is in US on dependent Visa.
She got Canadian Visitor Visa recently. Now I have the following queries:

1. Both of them are travelling together : one on PR and another on Visitor Visa. What kind of questions are expected from Customs and Immigration authorities to my son's wife when she lands in Canada ? Because my son is also travelling with her and is not in Canada already what is to be told to the customs ?

2. A.. My son wants to apply for Work Visa for his wife. Can he apply as soon as they are permitted in to Canada or he has to wait for 3 months stay in Canada before he can apply ?

2.B. Can my son apply for Work Visa and PR simultaneously in the same application for his wife ? Or he should file them separately ?

3. He also wants to sponsor his wife for PR. Can he apply immediately after landing in Canada or he has to wait for 3 months stay in Canada before he can apply ?

4. A. For applying for PR sponshership or Work Visa for his wife, should my son have to show Canadian pay stubs ? He will be working for a US company from Canada and so he will not have Canadian pay stubs. He is thinking of starting a corporation in Canada in to which the US company will deposit the salary. Or should he compulsorily be employed by a Canadian company in Canada ?

4. B. Alternately, can he show that he has enough money to sponsor her ? If so how much money should he show in the Bank account ?

5. If my daughter in law is allowed to enter Canada on TRV, my son sponsers her for PR, then it will be considered as inland PR application as she is already in Canada ? In such a case how long will it take to get PR for my daughter in law ?

Lot of questions ! Request replies from esteemed members of the forum.

 

[scylla]

Hi,
My son is currently in US and is shifting to Canada on PR. His wife is in US on dependent Visa.
She got Canadian Visitor Visa recently. Now I have the following queries:

1. Both of them are travelling together : one on PR and another on Visitor Visa. What kind of questions are expected from Customs and Immigration authorities to my son's wife when she lands in Canada ? Because my son is also travelling with her and is not in Canada already what is to be told to the customs ?

2. A.. My son wants to apply for Work Visa for his wife. Can he apply as soon as they are permitted in to Canada or he has to wait for 3 months stay in Canada before he can apply ?

2.B. Can my son apply for Work Visa and PR simultaneously in the same application for his wife ? Or he should file them separately ?

3. He also wants to sponsor his wife for PR. Can he apply immediately after landing in Canada or he has to wait for 3 months stay in Canada before he can apply ?

4. A. For applying for PR sponshership or Work Visa for his wife, should my son have to show Canadian pay stubs ? He will be working for a US company from Canada and so he will not have Canadian pay stubs. He is thinking of starting a corporation in Canada in to which the US company will deposit the salary. Or should he compulsorily be employed by a Canadian company in Canada ?

4. B. Alternately, can he show that he has enough money to sponsor her ? If so how much money should he show in the Bank account ?

5. If my daughter in law is allowed to enter Canada on TRV, my son sponsers her for PR, then it will be considered as inland PR application as she is already in Canada ? In such a case how long will it take to get PR for my daughter in law ?

Lot of questions ! Request replies from esteemed members of the forum.

Your son's wife will only qualify for an open work permit together with your son sponsoring her for PR. The work permit application cannot be submitted before the sponsorship application. If they do that, the work permit will be refused. Your son can sponsor his wife immediately once they are both in Canada. If they are both in Canada, then he should sponsor her through the inland application route and include an open work permit with the sponsorship application. Open work permits are taking around 8 months to process right now in these circumstances so his wife should be prepared for a bit of a wait. It will likely take around a year for her to be approved for PR. He does not need to have a job or income in order to sponsor his wife, however he cannot be on any form of social assistance.

My overall recommendation is that your son dedicate time to reading through the posts in the Family Sponsorship section of the forum and also through the information on the IRCC website to understand more about this process.

 

[Genesis923]

Your son's wife will only qualify for an open work permit together with your son sponsoring her for PR. The work permit application cannot be submitted before the sponsorship application. If they do that, the work permit will be refused. Your son can sponsor his wife immediately once they are both in Canada. If they are both in Canada, then he should sponsor her through the inland application route and include an open work permit with the sponsorship application. Open work permits are taking around 8 months to process right now in these circumstances so his wife should be prepared for a bit of a wait. It will likely take around a year for her to be approved for PR. He does not need to have a job or income in order to sponsor his wife, however he cannot be on any form of social assistance.

My overall recommendation is that your son dedicate time to reading through the posts in the Family Sponsorship section of the forum and also through the information on the IRCC website to understand more about this process.

Thank you so much for your reply. Thanks for the clarifications. If it is taking 8 months for the work permit and my daughter in law is on visitor visa, can she stay on beyond 6 months once her application is submitted for work visa and PR ?

 

[canuck78]

Hi,
My son is currently in US and is shifting to Canada on PR. His wife is in US on dependent Visa.
She got Canadian Visitor Visa recently. Now I have the following queries:

1. Both of them are travelling together : one on PR and another on Visitor Visa. What kind of questions are expected from Customs and Immigration authorities to my son's wife when she lands in Canada ? Because my son is also travelling with her and is not in Canada already what is to be told to the customs ?

2. A.. My son wants to apply for Work Visa for his wife. Can he apply as soon as they are permitted in to Canada or he has to wait for 3 months stay in Canada before he can apply ?

2.B. Can my son apply for Work Visa and PR simultaneously in the same application for his wife ? Or he should file them separately ?

3. He also wants to sponsor his wife for PR. Can he apply immediately after landing in Canada or he has to wait for 3 months stay in Canada before he can apply ?

4. A. For applying for PR sponshership or Work Visa for his wife, should my son have to show Canadian pay stubs ? He will be working for a US company from Canada and so he will not have Canadian pay stubs. He is thinking of starting a corporation in Canada in to which the US company will deposit the salary. Or should he compulsorily be employed by a Canadian company in Canada ?

4. B. Alternately, can he show that he has enough money to sponsor her ? If so how much money should he show in the Bank account ?

5. If my daughter in law is allowed to enter Canada on TRV, my son sponsers her for PR, then it will be considered as inland PR application as she is already in Canada ? In such a case how long will it take to get PR for my daughter in law ?

Lot of questions ! Request replies from esteemed members of the forum.

Would warn your DiL that she can’t move to Canada so may want to enter separately and with only luggage normal for visitors. Depending on the province your DIL will not qualify for healthcare and needs to take out private insurance.

 

[Genesis923]

As the processing period for Work Visa is taking 8 months and my daughter in law is on Visitor Visa on which she can stay in Canada only for 6 months at a time, I would like to know after applying for Work Visa, whether she will be permitted to stay on in Canada on Visitor Visa as long as it takes her Work Visa to be processed ?

 

[armoured]

When you say your son is 'shifting to PR', what exactly do you mean? Is your son already a PR, i.e. has already landed, or is approved for PR and not yet landed?

This is potentially VERY important.

To answer your question above, requests to extend visitor visas can be filed in Canada.

 

[Genesis923]

When you say your son is 'shifting to PR', what exactly do you mean? Is your son already a PR, i.e. has already landed, or is approved for PR and not yet landed?

This is potentially VERY important.

To answer your question above, requests to extend visitor visas can be filed in Canada.

My son is already PR and has soft landed in Canada in July 2019 and is currently on H1 B Visa in USA and now will be permanently shifting to Canada in April.

 

[canuck78]

My son is already PR and has soft landed in Canada in July 2019 and is currently on H1 B Visa in USA and now will be permanently shifting to Canada in April.

Your son and daughter-in-law should really be the ones educating themselves about this.

 

[armoured]

My son is already PR and has soft landed in Canada in July 2019 and is currently on H1 B Visa in USA and now will be permanently shifting to Canada in April.

Okay, it would be a very different situation if he hadn't landed yet.

 

[Genesis923]

Your son and daughter-in-law should really be the ones educating themselves about this.

Yes True. Since they are busy and I am free from any work, I am trying to help them.

 

[Genesis923]

I have one more doubt for clarification. My daughter in law is reaching Toronto on Visitor Visa and her application for PR and Work Visa will be filed immediately by my son. If her Visitor Visa permitted period ( say six months ) is over before her application for PR / Work Visa is decided, does she have to leave Canada or can she continue on Visitor Visa even after expiry of 6 months, until her PR / Work Visa application is decided ? Is it legal for her to stay on until her application for PR / Work Permit is decided ?

 

[armoured]

She can file for an extension from within Canada. Fairly routine for those with pending spousal apps (at least one time).

 

[Genesis923]

She can file for an extension from within Canada. Fairly routine for those with pending spousal apps (at least one time).

OK. Thanks for the information.