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suggestions for sponsoring PR for gf (homo relationship)who might have study permit.

Activia

Full Member
Nov 7, 2019
26
2
Hi everyone, I am PR since last Feb 2022. me and my gf are in homo relationship since two years and she is from india where this same sex marriage is not legal. so outland sponsorship is not possible.
We are thinking for study permit for sept 2023 intake for her and going to apply for the process by end of Jan. If she gets here in Apr or May for sept intake, we are thinking we would get marry within a month or as soon as we can marry. In that case,

1. Can I sponsor her for PR?
2. Is this advisable to apply for SOWP as well? or can we change the study permit into work permit?
3. if the process takes long, we are thinking to defer for winter semester so that we have enough time for her PR application. is this is fine? so that she can study as domestic student here and we can save some money by changing to domestic student from international?

and thanks so much for all thoughts and suggestions.
 

Naturgrl

VIP Member
Apr 5, 2020
44,968
9,537
Hi everyone, I am PR since last Feb 2022. me and my gf are in homo relationship since two years and she is from india where this same sex marriage is not legal. so outland sponsorship is not possible.
We are thinking for study permit for sept 2023 intake for her and going to apply for the process by end of Jan. If she gets here in Apr or May for sept intake, we are thinking we would get marry within a month or as soon as we can marry. In that case,

1. Can I sponsor her for PR?
2. Is this advisable to apply for SOWP as well? or can we change the study permit into work permit?
3. if the process takes long, we are thinking to defer for winter semester so that we have enough time for her PR application. is this is fine? so that she can study as domestic student here and we can save some money by changing to domestic student from international?

and thanks so much for all thoughts and suggestions.
1. Yes if married or common law. If she has a study permit she can enter one month before studies begin not in April or May.
2. She cannot apply for a SOWP until you file for PR and receive AOR. You cannot change a study permit into a work permit.
3. She cannot study with domestic fees until she is PR. Most likely she would apply as a domestic student once PR. If she doesn’t have a work permit, she cannot work.
 
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canuck78

VIP Member
Jun 18, 2017
55,605
13,529
Hi everyone, I am PR since last Feb 2022. me and my gf are in homo relationship since two years and she is from india where this same sex marriage is not legal. so outland sponsorship is not possible.
We are thinking for study permit for sept 2023 intake for her and going to apply for the process by end of Jan. If she gets here in Apr or May for sept intake, we are thinking we would get marry within a month or as soon as we can marry. In that case,

1. Can I sponsor her for PR?
2. Is this advisable to apply for SOWP as well? or can we change the study permit into work permit?
3. if the process takes long, we are thinking to defer for winter semester so that we have enough time for her PR application. is this is fine? so that she can study as domestic student here and we can save some money by changing to domestic student from international?

and thanks so much for all thoughts and suggestions.
If she doesn’t arrive and start studying her study permit will get cancelled and she will be in Canada without status. Did you ever live together in India? Has she tried to get a TRV? You could apply for spousal sponsorship if she is denied TRV based on having immigration barriers preventing you from getting married or living together. Do you have significant proof of an in person relationship?
 

Activia

Full Member
Nov 7, 2019
26
2
1. Yes if married or common law. If she has a study permit she can enter one month before studies begin not in April or May.
2. She cannot apply for a SOWP until you file for PR and receive AOR. You cannot change a study permit into a work permit.
3. She cannot study with domestic fees until she is PR. Most likely she would apply as a domestic student once PR. If she doesn’t have a work permit, she cannot work.
Thanks so much, really appreciated for your reply,

Yes, we are thinking to get marry and apply for sponsorship of application.

so if we apply for that application, and once AOR is received, can we opt for work permit or in our case, we should let her stay in study permit?
 

scylla

VIP Member
Jun 8, 2010
95,884
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi everyone, I am PR since last Feb 2022. me and my gf are in homo relationship since two years and she is from india where this same sex marriage is not legal. so outland sponsorship is not possible.
We are thinking for study permit for sept 2023 intake for her and going to apply for the process by end of Jan. If she gets here in Apr or May for sept intake, we are thinking we would get marry within a month or as soon as we can marry. In that case,

1. Can I sponsor her for PR?
2. Is this advisable to apply for SOWP as well? or can we change the study permit into work permit?
3. if the process takes long, we are thinking to defer for winter semester so that we have enough time for her PR application. is this is fine? so that she can study as domestic student here and we can save some money by changing to domestic student from international?

and thanks so much for all thoughts and suggestions.
1. Yes. Provided you either get married or live together for a full year continuously to become common law.
2. She does not qualify for a SOWP. This is only open in situations where the other partner is in Canada on a work permit or study permit. She will qualify for an OWP once you are married, have submitted an inland application to sponsor her, and have received AOR. The study permit cannot be changed into a work permit.
3. It's fine. But I would then change her status to visitor in Canada since she isn't going to study.
 
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Activia

Full Member
Nov 7, 2019
26
2
If she doesn’t arrive and start studying her study permit will get cancelled and she will be in Canada without status. Did you ever live together in India? Has she tried to get a TRV? You could apply for spousal sponsorship if she is denied TRV based on having immigration barriers preventing you from getting married or living together. Do you have significant proof of an in person relationship?
we live in india together for a month in india last year and basically on long distance for last two years. since, same sex marriage is not legal but same sex live-in or relationship is legal, common law partner becomes hard to prove, and a tedious long process.

for proofs, I am supporting her financially for last six months
 

Naturgrl

VIP Member
Apr 5, 2020
44,968
9,537
we live in india together for a month in india last year and basically on long distance for last two years. since, same sex marriage is not legal but same sex live-in or relationship is legal, common law partner becomes hard to prove, and a tedious long process.

for proofs, I am supporting her financially for last six months
You can meet in another country get married, return to Canada and the sponsor her outland.
 
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Activia

Full Member
Nov 7, 2019
26
2
1. Yes. Provided you either get married or live together for a full year continuously to become common law.
2. She does not qualify for a SOWP. This is only open in situations where the other partner is in Canada on a work permit or study permit. She will qualify for an OWP once you are married, have submitted an inland application to sponsor her, and have received AOR. The study permit cannot be changed into a work permit.
3. It's fine. But I would then change her status to visitor in Canada since she isn't going to study.
Thanks so much, really appreciated,
I apologise, my bad with words saying changing study permit to work permit.

would you advice, after marrying, if we can change her status to visitor from student? or wait for AOR to come, and then applying for work permit and changing to work permit from student?
 

Naturgrl

VIP Member
Apr 5, 2020
44,968
9,537
Thanks so much, really appreciated,
I apologise, my bad with words saying changing study permit to work permit.

would you advice, after marrying, if we can change her status to visitor from student? or wait for AOR to come, and then applying for work permit and changing to work permit from student?
You cannot change permits. If she wants a study permit, she applies for a study permit and needs to be approved based on her profile. If married and a visitor in Canada, you wait for AOR and then she can apply for a work permit. Once approved she can work.
 
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Activia

Full Member
Nov 7, 2019
26
2
You can meet in another country get married, return to Canada and the sponsor her outland.
i wish we can, apart from financial part, also because of family situations, she cant go even for vacation to other country where we can marry. that's why we are taking our chance where she can come here as student and we marry and change her status from temporary to permanent.
 

Activia

Full Member
Nov 7, 2019
26
2
You cannot change permits. If she wants a study permit, she applies for a study permit and needs to be approved based on her profile. If married and a visitor in Canada, you wait for AOR and then she can apply for a work permit. Once approved she can work.
Thanks so much! for your reply.