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Inland or Outland Spousal sponsorship from new PR for divorced partner

Xchange

Newbie
Oct 8, 2017
5
0
Hello All, Been looking through the threads and can't seem to find anything fitting my exact scenario.

Been in a relationship for almost 5 years now. Its a pretty serious relationship though we have never lived together and the only reason we aren't married is because his divorce is not final. Once it is we would do an engagement ceremony and marry formally. I recently got my PR approved and looking to land in December 2017. Im very reluctant to leave him behind cos we have never been apart and I'm not sure i can cope with a long distance relationship. Our relationship is as genuine as can be, pictures, videos, joint vacations every year etc. However i could not add him to my PR cos the divorce was pending hence i declared as single.

My questions.

1. The 1st option we are exploring is for him to apply for a visitors visa sometime in the middle of the year and travel say September wherein i can apply inland for him and he can get an OWP so he can work. Due to his profession (architecture) he needs to do some addiitonal training and a lengthy process to be able to get a job in his field. How long after he lands can i submit the spousal application and how soon can he get the OWP approved.

2. He has 2 kids from his previous marriage who are in custody of his ex-wife, i assume he has to include them in the application them but if he is unable to get the wife to consent to medicals hope this would not be an issue though it is unlikely she would refuse.

3. Would the fact that his divorce being so close to our marriage and subsequent application affect our chances negatively.

4. As an alternate option, is he better off applying for a study visa while we get married in Canada and i apply for him, this is a last resort due to the expenses. He does plan to do a masters but only after seeing 1st hand the sector he wants to focus on (Architecture, project management or Construction management).

I apologise in advance for the lengthy post. All responses would be appreciated.
 

Will_PA

Hero Member
Sep 3, 2017
209
93
(Im no expert, just recent applicant. Someone else might contribute also.)

Ok so he'll need a visa in advance (unless he has UK passport too or similar?). Is it possible to apply for a visitors visa now? Once he's in Canada (and divorced) you guys can marry. If he has wife and kids in Nigeria this looks like he has lots of ties to want to return and not overstay.

I don't have kids so not experienced here but if he wants to include them on the application i believe they would need to do photos and medical, maybe DNA. If he had to exclude them he'd have to sign affidavit saying he'd never apply to sponsor them in the future.

Think easiest route is visitor (if he can get visa) then inland spousal app, don't know how long study visa would take.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
1. The 1st option we are exploring is for him to apply for a visitors visa sometime in the middle of the year and travel say September wherein i can apply inland for him and he can get an OWP so he can work. Due to his profession (architecture) he needs to do some addiitonal training and a lengthy process to be able to get a job in his field. How long after he lands can i submit the spousal application and how soon can he get the OWP approved.

2. He has 2 kids from his previous marriage who are in custody of his ex-wife, i assume he has to include them in the application them but if he is unable to get the wife to consent to medicals hope this would not be an issue though it is unlikely she would refuse.

3. Would the fact that his divorce being so close to our marriage and subsequent application affect our chances negatively.

4. As an alternate option, is he better off applying for a study visa while we get married in Canada and i apply for him, this is a last resort due to the expenses. He does plan to do a masters but only after seeing 1st hand the sector he wants to focus on (Architecture, project management or Construction management).

I apologise in advance for the lengthy post. All responses would be appreciated.
Hi

1. Unless he can show very strong ties to his country, his chances of TRV approval are low. If he is approved, you can apply for sponsorship as soon as you have the marriage certificate. It takes 2-4 months after application submission to receive the OWP.

2. If she refuses to allow the medicals to be done, he needs to document that to show IRCC. He will need to get a notarized declaration stating that he understands that his children would be excluded from the Family Class and therefore never be able to be sponsored.

3. Divorces can drag on for years, so the date of divorce finalization isn't an indicator of the actual end of the relationship. Provided you have proofs of when their relationship actually ended and strong proofs of your own relationship for the past 5 years, it shouldn't be an issue.

4. To be approved for a study permit, he would still need to show strong ties to his country. He would also need to show at least $25000 or more, depending on the course.
 
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Xchange

Newbie
Oct 8, 2017
5
0
Hi

1. Unless he can show very strong ties to his country, his chances of TRV approval are low. If he is approved, you can apply for sponsorship as soon as you have the marriage certificate. It takes 2-4 months after application submission to receive the OWP.

2. If she refuses to allow the medicals to be done, he needs to document that to show IRCC. He will need to get a notarized declaration stating that he understands that his children would be excluded from the Family Class and therefore never be able to be sponsored.

3. Divorces can drag on for years, so the date of divorce finalization isn't an indicator of the actual end of the relationship. Provided you have proofs of when their relationship actually ended and strong proofs of your own relationship for the past 5 years, it shouldn't be an issue.

4. To be approved for a study permit, he would still need to show strong ties to his country. He would also need to show at least $25000 or more, depending on the course.
Thank you. This was super informative. Will try the 1st option.