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Spouse travel on existing Visitor Visa waiting PR?
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avbyt View Drop Down
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    Posted: 14 Nov 2012 at 9:25am
Hi All - I'm a Canadian Citizen living in India and my wife's an Indian Citizen. We are looking to move to Canada in 30 or so days. 

OPTION#1
She already has a Multiple Entry visitor visa on her passport and I'm thinking of applying for PR before we leave India as it seems a much faster process. My question is can she come with me and stay with me for the few months left on her visa while her PR application is processed in India. I understand that she will have to come back to India to finish the PR process.

OR

OPTION#2

Take her with me to Canada and start the PR process once we reach Canada? I know it takes longer almost 4-5 months longer but it saves the hassles of Dual Intent denial of Temporary Visit visa if she wants to come to visit me.

Thanks in advance for all the help/insights.
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computergeek View Drop Down
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Points: 573 		Post Options Post Options   Thanks (0) Thanks(0)   Quote computergeek Quote  Post ReplyReply Direct Link To This Post Posted: 14 Nov 2012 at 11:43am
You do realize that one can submit an outland application regardless of where she is living, right?  It just means her application is processed by a visa office "abroad" - though I would note that CIC now considers Ottawa to be a "visa office abroad", so they are a bit geographically challenged.

The Outland process is 6 weeks for approval of the sponsor plus 9 months for NDVO.  The one complication with ND is they like to request the passport at the beginning of processing, not at the end of processing and that can be complicating given the Indian law prohibiting sending passports by courier or mail outside India.  If she is in Canada, she must remain in status.  So yes, she could come with you and remain in Canada until the expiration of her rights as a visitor and then go back to India.

The Inland process is 6 months for approval of the sponsor, plus 8 months for the PR processing completion.  At the end of the 6 months, your wife becomes eligible for an open work permit.  If you submit a work permit application with the PR application, she is allowed to legally stay in Canada with you until they make a decision on the work permit application.  Of course, once she has the work permit application, she has status in Canada and can remain as well.

So, either route works.  In some ways the "submit from Canada" makes the application a bit easier because you won't have a VO questioning your intent to return.  Again, note that you can come to Canada and then submit an outland PR application.  Your wife could stay to the end of her status, and then go back to India to await completion of the application.

It seems like it is a trade-off between the time to get her PR (10.5 months versus 14 months) and the time you spend apart during the process.

Good luck!
FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
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avbyt View Drop Down
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Hi Computergeek - Thanks much for the prompt reply. A couple of followups:

Outland: You are saying the New Delhi VO asks for the passport at the start of the 9 months process so that means she can't travel for all of those 9 months? That seems bizarre but just wanted to reconfirm. If she can't travel then she cannot come to visit me, right?

Inland: Can she travel with me to Canada on her multiple entry or I have to inform the High commission in ND that we're going to Canada and I intend to apply for her PR when we get there?
Also, can she travel in/out of Canada at all over the 6 + 8 months PR processing time? 

I didn't know that the work permit application can be submitted with the PR application so thanks for that detail but I need more clarification to understand. 
So is the work permit application a way of extending time for her to stay till the PR processing take time? Sounds like if the Work Permit comes through before PR then get automatic status in Canada, right? 
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avbyt View Drop Down
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I have been reading more in detail and my main question now is - What is the procedure to have my wife accompany me to Canada in 30-40 days and apply for inland PR when we reach there? Considering we have not applied for outland yet will she receive a visitor's visa stating that we will apply the PR once we enter Canada?

Can anyone share any insight?
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computergeek View Drop Down
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Points: 573 		Post Options Post Options   Thanks (0) Thanks(0)   Quote computergeek Quote  Post ReplyReply Direct Link To This Post Posted: 15 Nov 2012 at 9:53am
Originally posted by avbyt avbyt wrote:

Hi Computergeek - Thanks much for the prompt reply. A couple of followups:

Outland: You are saying the New Delhi VO asks for the passport at the start of the 9 months process so that means she can't travel for all of those 9 months? That seems bizarre but just wanted to reconfirm. If she can't travel then she cannot come to visit me, right?


My experience from reading what others report for NDVO is that they ask for the passport at the start of file processing (usually 1-2 months after the file transfer for spousal applications) and then hold it until approval or rejection.  No other VO seems to do this from what I can tell.  It isn't clear to me that one must submit it prior to approval though.  I've heard one person describe the letter as more of a request "so that we may issue your visa as quickly as possible, please submit your passport to us at this time..."  It may be that one could say "I respectfully advise that my passport is required for existing scheduled travel and thus I will need to wait until such time as you are ready to issue the visa; I understand that this will slow down the visa issuance process but I appreciate your understanding in this matter".

Originally posted by avbyt avbyt wrote:

Inland: Can she travel with me to Canada on her multiple entry or I have to inform the High commission in ND that we're going to Canada and I intend to apply for her PR when we get there?


As long as the TRV is valid, she can travel with you.  You don't need to tell ND what you intend to do.

Originally posted by avbyt avbyt wrote:

Also, can she travel in/out of Canada at all over the 6 + 8 months PR processing time?


If she has an inland application, no, she needs to remain in Canada or risk being refused re-entry (which ultimately terminates the relationship).  If she has an outland application, she can be wherever she wants to be, including inside Canada.  If she can obtain a new TRV for Canada after her existing TRV expires, yes, she can come visit.

Originally posted by avbyt avbyt wrote:

I didn't know that the work permit application can be submitted with the PR application so thanks for that detail but I need more clarification to understand. 

So is the work permit application a way of extending time for her to stay till the PR processing take time? Sounds like if the Work Permit comes through before PR then get automatic status in Canada, right? 


Note: the work permit is only an option for an inland application.  There is no comparable consideration for outland.  When submittting an inland application its actually important to submit a request to extend temporary status, because that is how one obtains "implied status" - you are allowed to stay until they make a decision on your application.  If your application takes six months, so be it - you have status for the entire six months.

It doesn't have to be a work permit.  It could be a visitor extension or a study permit as well.  Any of those three documents establish a legal right to remain in Canada as a visitor.

For some couples, the work permit is vital because they have economic considerations that require both sponsor and partner be working if at all possible.  For others, it may be a matter of averting boredom while waiting for the process to complete.

Right.  If you submit an inland application, your wife can remain in Canada while the PR application is in process.  When the first stage is approved (AIP) she is eligible for an open work permit, a study permit or visitor status.  Applying for these things WITH the application means that she gains "implied status" and the application will be processed by the visa officer that handles your inland PR application.
FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
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