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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 86248
Experience:  Lawyer
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Indian spouse tourist is a

Customer Question

Hy I am a Canadian permanent resident and indian national and i am awaiting for citizenship in Canada. I am marrying a indian national in India in dec. this year. Iam planning to come back with my wife in jan 2014 in tourist visa. Aim a physiotherapist in Canada and have been living here for past four yrs. no criminal records or bankruptcy.my fiancé is a well paid IT consultant on Bombay. Will she be able to come to Canada with me coz it may take six mons together pr and Ihave to come Canada in jan. for work. Should I get letter from po or p office? I am gonna sponsor her right after marriage. I am not sure it is best o go tourist isa interview in India after getting sponsored or pr or before it? I am worried if she say that heis married o Canadian resident she may be asked o wit or pr to go
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Once you are married you can sponsor your spouse.

It's likely that she will not be permitted to enter Canada with you.

The reason why is that she is not permitted to enter as a visitor if she intends on remaining in Canada.

So she would have to prove she is only coming for a visit and that she has strong ties to back home.

If you start the PR application from India then she will most assuredly have to prove she is not waiting in Canada until her PR status comes through.

If they do allow her in as a visitor, before you start the PR application then you can apply while she is in Canada even though she is without legal status.

It may be a good idea for you to consult with an immigration lawyer face to face.

In most provinces you can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

Let me know if you need any further clarification.
Customer: replied 1 year ago.
Thanks. In a perfect world she can't say any other reason to come Canada per than to be with me.it is very unlikely for her to get tourist visa by herself after marriage or even before marriage.so it sounds for Canadians marrying foreign nationals need to be prepared for six to ten month of separation or stay away from their Canadian job for that period.




Expert:  Legal Ease replied 1 year ago.
That's often the case unfortunately.

One idea would be for her to come on a temporary work permit.

Do you know how that works?
Customer: replied 1 year ago.
Temp. Work permit for herself without mentioning my wedding?
Expert:  Legal Ease replied 1 year ago.
She has to be honest with Canada Immigration.

But there is no reason why she cannot apply to come to Canada to work on a temporary work permit and then you begin the PR application once she is here.

But this is all complicated which is why I suggested consulting with an immigration lawyer face to face as well.
Customer: replied 1 year ago.
But she has no work sponser for Canada work.
Expert:  Legal Ease replied 1 year ago.
She would need a job offer.

She seems highly qualified based on your post.

But she needs a job offer for sure.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 86248
Experience: Lawyer
Legal Ease and 2 other Canada Law Specialists are ready to help you
Customer: replied 1 year ago.
Hy a general ques. If a Indian national with multiple entry USA visa come to Canada in tourist visa multiple entry and go to USA during the fifth month for a day and return to Canada is it by law that her Canada tourist visa will be extended to six months from the day she enters Canada from USA?
Expert:  Legal Ease replied 1 year ago.
No that's not quite correct.

It is possible that immigration will see it that way but as she is entering again they may say that she is trying to get around the system and that she has to leave earlier.

But what you should understand is that if she is in Canada and you then begin a spousal sponsorship application she does not need to leave even after 6 months.

Canada Immigration makes an exception for spousal sponsorships and she can remain her without legal status if that application has started.
Customer: replied 1 year ago.

so spousal sponsership that ur trying to mention is inland or out land?


 


if she manages to come to canada in tourist visa after informing the consualte that she has a spousal sponser, should she still leave canada after 6 months or can stay in canada until pr process is finished in home country.

Expert:  Legal Ease replied 1 year ago.
If she enters Canada as a visitor and no application has been started then once she is in Canada you can start an inland sponsorship and she can remain.

If she leaves she will not likely be able to return until the PR application is completed and she is approved.

If you start it from outside Canada and they let her enter and they give her a date to leave she must leave.

If she does not and overstays it may be OK. But this is where it gets complicated and their policies change all the time and so it's wiser and safer to consult with an immigration lawyer who can review all your facts before deciding on what will work best.

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