Obtaining a visa for Canada from India may be simpler in some respects, depending on the type of visa being sought. If you are deemed to be a business traveller, a visitor visa may be issued by the New Delhi or Chandigarh visa office in about two business days.
Similarly, the CAN plus program is available for Indian nationals who have travelled to Canada and returned to India within the past 10 years. Said program is characterized by faster processing times for visitor and study visas.
Applications for Work permits and study permits must generally be launched outside of Canada unless a spouse of the visa applicant is already inside of Canada possessing a work or study permit.
Unlicensed Consultants claim that it is easier to obtain a visitor visa to join your spouse in Canada, easier than filing for a work or study permit; this is wrong. It is often easier to apply for a study permit application (which is characterized by sufficient funds) or a work permit (that contains a valid job offer or a student visa spouse in Canada who has sufficient income to look after the spouse seeking the visa).
The Federal Court of Canada says that officers who refuse temporary visas must have a reason to conclude that a person seeking a visa to Canada may break Canada’s immigration laws:
[13] There must be an objective reason to question the motivation of the applicant. It is inconsistent with the purpose and object of the statutory and regulatory scheme authorizing temporary work visas to rely on the very factor that would induce someone to come to Canada in the first place as the basis for keeping them out. The scheme itself is predicated on the assumption that people will come to Canada to seek work in order to better their economic situation. It is for this reason that decisions of this Court have consistently held that economic reasons to overstay will not, in and of themselves, support a refusal; Cao v Canada (Citizenship and Immigration), 2010 FC 941 (CanLII), per Justice Martineau J; Khatoon v Canada (Citizenship and Immigration), 2008 FC 276 (CanLII), per Justice Temblay-Lamer; Dhanoa v Canada (Citizenship and Immigration), 2009 FC 729 (CanLII), per Justice Harrington; and Rengasamy v Canada (Citizenship and Immigration), 2009 FC 1229 (CanLII), per Justice O’Reilly.
Kindie v. Canada (Citizenship and Immigration), 2011 FC 850 (CanLII), paras 13.
It is important to note that if you come as a visitor you generally cannot stay or convert your status to permanent resident while inside of Canada unless you marry (or be deemed common law to) a Canadian permanent resident or Canadian citizen.
In some cases, if your visa application was refused, it may be necessary to seek advice about proceeding to the Federal Court. Chaudhary Law office has a long and successful track record of overturning refused cases at the Federal Court of Canada. Email: max[at]chaudharylaw.com
