Study permit vs spousal open work permit

[zoiiz]

I am an international student in Canada. I did my high school and undergrad here and am almost done my master’s here too. I have a NOC A job starting soon.

I’m looking to bring my girlfriend here too. We are a same sex couple and are from a country where same sex marriage is not allowed. In fact, we did cohabitated over a year in our home country. But all we have is photos, chat history and online shopping orders with the same address to prove that. We do not have proof like insurance, joint account, paystub/mailing address or rental agreement to prove this real common law relationship.

My girlfriend is 25 and she informally works at her family company and therefore does not have salarle alike transaction history. We also have little saving. She has a two-year diploma back in our home country and little English proficiency. Her parents would provide deposit reciepts under their names but wouldn’t let my girlfriend have it for tourism visa application. She has also been rejected for US tourism visa once.

We are considering mainly two options:
1. Study permit. Apply for college post grad certificate program in Canada, so it logically makes more sense to use her parent’s financial support and proofs. Difficulty: we would need to pay for her tuition and we will live a tough life; hard to convince officers about why she is here to study (study plan) and explain US visa rejection.
2. Spousal open work permit. Declare common law and go from there. Saves more money for us. Difficulty: humble financial standing; prove authentic relationship with little proof; if rejected, following applications will always be subject to tendency of staying here beyond limit.

thank you for taking the time and please throw me whatever suggestion/experience you have.
We really really appreciate your input!!

 

[scylla]

I am an international student in Canada. I did my high school and undergrad here and am almost done my master’s here too. I have a NOC A job starting soon.

I’m looking to bring my girlfriend here too. We are a same sex couple and are from a country where same sex marriage is not allowed. In fact, we did cohabitated over a year in our home country. But all we have is photos, chat history and online shopping orders with the same address to prove that. We do not have proof like insurance, joint account, paystub/mailing address or rental agreement to prove this real common law relationship.

My girlfriend is 25 and she informally works at her family company and therefore does not have salarle alike transaction history. We also have little saving. She has a two-year diploma back in our home country and little English proficiency. Her parents would provide deposit reciepts under their names but wouldn’t let my girlfriend have it for tourism visa application. She has also been rejected for US tourism visa once.

We are considering mainly two options:
1. Study permit. Apply for college post grad certificate program in Canada, so it logically makes more sense to use her parent’s financial support and proofs. Difficulty: we would need to pay for her tuition and we will live a tough life; hard to convince officers about why she is here to study (study plan) and explain US visa rejection.
2. Spousal open work permit. Declare common law and go from there. Saves more money for us. Difficulty: humble financial standing; prove authentic relationship with little proof; if rejected, following applications will always be subject to tendency of staying here beyond limit.

thank you for taking the time and please throw me whatever suggestion/experience you have.
We really really appreciate your input!!

Based on the information you have provided #1 is the most realistic option.

I don't think #2 will work. For #2 to work, you need to prove that you have lived together for a full year. You would need evidence such as a joint lease, joint bank accounts, etc. Photos and chat history do not prove that you are common law unfortunately. It sounds like the only thing you have to prove that you lived together is the online shopping orders. Unfortunately I don't think that will be enough. Are you sure you have no other evidence?

 

[zoiiz]

Based on the information you have provided #1 is the most realistic option.

I don't think #2 will work. For #2 to work, you need to prove that you have lived together for a full year. You would need evidence such as a joint lease, joint bank accounts, etc. Photos and chat history do not prove that you are common law unfortunately. It sounds like the only thing you have to prove that you lived together is the online shopping orders. Unfortunately I don't think that will be enough. Are you sure you have no other evidence?

Hey thank you for the reply! Unfortunately that’s all we have, maybe friends’ words and transactions between us as well, but nothing on the paper.
regarding study permit -one major reason she couldn’t do it in our home country is actually someone else’s wrong operation, which makes it impossible for her to do any good programs at a good uni. But I think it might be too dramatic and negative (although true) to include as why she’s not studying in our home country. what are your thoughts?

 

[scylla]

Hey thank you for the reply! Unfortunately that’s all we have, maybe friends’ words and transactions between us as well, but nothing on the paper.
regarding study permit -one major reason she couldn’t do it in our home country is actually someone else’s wrong operation, which makes it impossible for her to do any good programs at a good uni. But I think it might be too dramatic and negative (although true) to include as why she’s not studying in our home country. what are your thoughts?

I don't know what you mean by "someone else's wrong operation", but I would not include this in the application.

What is most important to prove is that she has enough money saved to cover first year tuition + $10K in living expenses and to also show strong ties to her home country. She must also declare any previous refusals (like the US refusal).

 

[zoiiz]

I don't know what you mean by "someone else's wrong operation", but I would not include this in the application.

What is most important to prove is that she has enough money saved to cover first year tuition + $10K in living expenses and to also show strong ties to her home country. She must also declare any previous refusals (like the US refusal).

In our home country going into unis is only possible through national exams. Her right to participate in these exams was permanently sabotaged for the school wanted her for her athletic performance and the honor it’s gonna bring to the school.
The tuition is 15k a year and we are looking for a proof for 40k-60k deposit in her parent’s account. Would it be suspicious for her to have a job but not provide her account statements?
Since her major is strongly related to the family business, we are trying to tie using that (like a future successor) and having family back home. Would it be nonsense?
Yes we are for sure declaring US visa refusal. Just not sure if we wanna talk about/guess about why (we wasn’t offer any explanation).