akabutter

Hello Everyone.
Here's my confusing situation:

1) Applied for Study Permit (being single) for Post Secondary Institution in Canada. Starting in Sept/2012
2) Application got approved
3) 2 months later married long time boyfriend
4) Now I want to get husband to go to Canada with me (if possible on an open work permit)

We already have the necessary funds. The tuition is paid for and I've already registered for classes. I'll arrive in Canada in about 1 month.

At this time, husband can enter Canada only as a tourist (also he has an aunt in Canada who is a Canadian Citizen).

I don't know exactly how to proceed with an application for him. I would have to notify immigration about my change in marital status too.

Any help would be wonderful!

firstchoice

Your apouse can apply for an open work permit - probably the easiest seeing you say he can go to Canada as a tourist is for him to apply to CPC Vegreville once you are in Canada as a student.

akabutter

Thank you for replying.
Please, bear a little bit more with my confusion:
1) I arrive at Canada. Should I notify anyone that I'm married now?
2) sometime later my husband arrives. What does he say as for the purpose of his visit? Spend some time with me?
3) being us both in Canada (me on study permit, him on tourism). Does he apply for the open work permit and, somewhere in the application we explain we married?

Is this procedure okay?

firstchoice

1) You don't need to notify anyone when you arrive in Canada that you are now married. If you were arriving as a permanent resident it would be an issue, but not in this case.
2) He should be truthful about the purpose of his visit - he could usefully carry a copy of your marriage certificate in case he is asked questions. Remember though that he needs to be coming for a temporary visit.
3) Once you are both in Canada he applies for a work permit at CIC Vegreville. In addition to the basic documents that are required (see the CIC document checklist) include a copy of your student permit and a copy of your marriage certificate and you should be fine.

Dorothy

Aren't these two a contradiction? If he were being truthful when asked the purpose of his visit he would have to say he plans to apply for a different visa whilst in Canada. Therefore he cannot be coming as a genuine tourist for a temporary visit.

BTJ

Assuming your husband is from a visa-exempt country I don't see why he can't accompany you to Canada and apply for an open work permit as you apply for your study permit in the airport. With sufficient documentation I don't see this being a problem.

Spouse of Study Permit holder gets a Open Work Permit: http://www.cic.gc.ca/english/study/work-spouse.asp

Visa-exempt country's citizens can apply for a non-medical requiring work permit at the border: http://www.cic.gc.ca/english/work/ap...ible.asp#enter

akabutter

Thank you for replying firstchoice and Dorothy.
I find this contradiction uncomfortable, but if it's the only way! Also, he would leave Canada in case the WP isn't granted. He and I would never overstay any kind of visa.

If we were married at the time I applied for the study permit, would he be granted a different visa? I was wondering if he could apply for this WP from our country of residence.

Former Lancastrian

What is the citizenship of your husband?

akabutter

Thank you for replying BTJ.
I'm sorry if I didn't clear this, but he's not from an exempt country. He has a tourism visa. He applied for this way before we married. He was planning on visiting his aunt (the Canadian Citizen), but he has not visited her yet.


Also, I don't know if it can be helpful but he has gone to other countries like the US and NEVER overstayed (and he has a US tourism/business visa too).

akabutter

He has both Uruguay and Brazil Citizenship.

Former Lancastrian

So he needs a visa then and not eligible for a TWP to be issued at the POE.
When he made the visa application for tourism how long was it before you got married?
How long was the visa issued for?
Sure he can apply through CPC Vegreville for the Open work permit once in Canada.
Id be more concerned if CIC look closely at the application and ask more questions regarding issuance of visa for tourism and then getting married to a person coming to Canada on a Study Permit.
If all is legitimate then no concerns.

akabutter

Thanks for replying Former Lancastrian!

His tourist visa: Feb/2012.

My study permit application: June/2012.

We married in July.

Do you think this timeline could be considered suspect in what way?

We were long term boyfriend and girlfriend when he applied for a tourism visa, but it wasn't a common law marriage.

Former Lancastrian

Obviously most people usually plan weddings several months in advance even a couple of years.
You applied for your study permit prior to the wedding knowing you were getting married the next month.
As individual applications there was no legal requirement to disclose the marriage but with the recent marriage it could trigger some further enquiries if the examining officer deems it to be somewhat suspicious or in their eyes not the normal way.
As long as they believe the marriage to be genuine then fine.
When applying for the OWP and even entering Canada he should be in possession of the marriage certificate and a copy of your study permit and provide those to CPC Vegreville (application) and CBSA at the POE when he arrives.

akabutter

Thank you for this explanation Former Lancastrian!
Well, looking from this angle it can seem suspicious. I guess we'll have to provide more background information on our relatioship. I'm not sure how, but there must be a way.