Want to invite my girlfriend to Canada, how to prepare my case?

[Nitish_KSharma]

I am Indian and came to Canada as an international student for my Master's. I finished my studies and quickly started working and applied for post graduate work permit. Currently, I have open work permit and intend to apply for PR as soon as I become eligible i.e. May 1, 2018. My girlfriend is in India and I want to bring her here once, before we get married. So that she can see the place and be at home. I also have my brother and his wife who are PR and their son as Canadian, if that can help somehow. Our families are also aware of all the situation and are on same page. She doesn't work as of now but is a member of family run business and can prove that. I have few questions about how should I prepare my case?
1. In the case of, when she is not working currently and not studying either, how can I show her strong roots to home country? We do have Income Tax Return though.
2. How to prove about the funds? She does not maintain a continued high balance in her account as for most of the things, she uses family's account which is linked with their business as well. And how much of funds should we be showing for a strong case?
3. If, we plan to declare ourselves common law partners in Ontario when she arrives here, should I mention that in Letter of Invitation? or should she just travel as tourist without my letter of invitation?
4. Eventually, what I'd prefer is to apply for PR as married couple, so that she doesn't have to go through the sponsorship process, how should I be doing that? Should I bring her here and declare common law union or I travel to India and register ourselves in court marriage? In any case, which one in your opinion, will be quicker in bringing her in Canada?
Any response is much appreciated. I hope India-Canada do something about visa free travel as they have with Europeans. All my European friends have had their girlfriends, boyfriends, parents, cousins, neighbours, second cousins travelling to Canada and seeing them and here I am with a legit case having tension of how to present it in best way possible.

 

[Bryanna]

1. In the case of, when she is not working currently and not studying either, how can I show her strong roots to home country? We do have Income Tax Return though.

Does she own property or land? Has she traveled to visa-required countries like the US, UK, Schengen, etc?

2. How to prove about the funds? She does not maintain a continued high balance in her account as for most of the things, she uses family's account which is linked with their business as well. And how much of funds should we be showing for a strong case?

This is a messy financial situation. She accesses money from her family account which is in turn drawn from the business account.

Unless, she can prove that she is an employee in the family business + earns a regular salary.... proving her financial situation is not just a messy thing + will not work from a TRV perspective.

3. If, we plan to declare ourselves common law partners in Ontario when she arrives here, should I mention that in Letter of Invitation? or should she just travel as tourist without my letter of invitation?

Have you lived with her for 12 months continuously?

4. Eventually, what I'd prefer is to apply for PR as married couple, so that she doesn't have to go through the sponsorship process, how should I be doing that? Should I bring her here and declare common law union or I travel to India and register ourselves in court marriage? In any case, which one in your opinion, will be quicker in bringing her in Canada?

Common-law union and marriage are two different things.

One option is for her to get approved for a TRV.... then either marry in Canada/India.... and include her in your PR application. This way both of you will get your PR visas at the same time.

However, based on your post, it seems highly unlikely that she will be approved for a TRV. This is because she does not have strong ties to India nor personal finances. Also, it could be quite tough to convince a visa officer that employment in a family-run business is a genuine employment/strong tie. It would work only if there is strong documentation.

IMO, your best bet is to marry her in India and to include her in your PR app.

Any response is much appreciated. I hope India-Canada do something about visa free travel as they have with Europeans. All my European friends have had their girlfriends, boyfriends, parents, cousins, neighbours, second cousins travelling to Canada and seeing them and here I am with a legit case having tension of how to present it in best way possible.

Indians not requiring a visa to travel to Canada? Possibly won't happen in a million years (okay, not even in the next 100 years) because far too many people have abused their visa privileges

 

[Nitish_KSharma]

Thanks for such detailed and point by point reply. I do understand that her getting TRV is a complicated case. Hence, I am here. The issue with marrying in India and filing PR is, again, wait-time which I am trying my best to cut down. Ultimately, I can always go back home get married, come back, apply for PR and bring her here as PR. That case is always there. That's why I was thinking of getting TRV before starting PR application, so that, she can at least travel in wait time. In your opinion, can you think of any other way she can travel to Canada during this wait-time?

Does she own property or land? Has she traveled to visa-required countries like the US, UK, Schengen, etc?

I am not entirely sure if she owns or not. I'll find answer for it but no she hasn't travelled to any visa-required country.

Have you lived with her for 12 months continuously?

Yes. But India doesn't recognize common law so from Indian perspective, I'd still have to go through registration as married couple in court. I guess, I got confused about term common-law. I should rather say getting married in India or Canada. If I could bring her to Canada and we get married here.

Indians not requiring a visa to travel to Canada? Possibly won't happen in a million years (okay, not even in the next 100 years) because far too many people have abused their visa privileges

This is just an economic issue, I believe. People abuse their visas because they find life easy in Canada. Once economic conditions and living conditions improve, they won't. In that regard, there is a long way to go but I sincerely hope not 100 years, lol.

 

[Nitish_KSharma]

Just as a PS to the question above, what if we file a family application of my would be in-laws (parents) and my girlfriend together for TRV and present case as tourism? With her father who is owner of business and the main account as primary applicant. Because, eventually at some point in future, I'd want them to visit as well, so if this somehow can get her visa as well? Besides, my girlfriend is also not an employee of the business but she owns part of it. Its just that the funds do not travel via her private account. Just exploring my options.

 

[Bryanna]

Thanks for such detailed and point by point reply. I do understand that her getting TRV is a complicated case. Hence, I am here. The issue with marrying in India and filing PR is, again, wait-time which I am trying my best to cut down.

You can marry her even before you apply for your PR.... and then include her in your PR app.

Yes. But India doesn't recognize common law so from Indian perspective,

India recognizes common-law including for children born in a common-law relationship, etc. The only minor difference is, it is not called common-law in India, but it is known as 'live-in' relationships.

This is just an economic issue, I believe. People abuse their visas because they find life easy in Canada. Once economic conditions and living conditions improve, they won't. In that regard, there is a long way to go but I sincerely hope not 100 years, lol.

People from the Indian sub-continent don't move abroad only because of the lure of cents/pennies/and-any-shiny-currency. One can earn and live a much higher standard of living in India.

But, most people are almost obsessed with the "foreign" tag. You know what I mean. I'm pretty sure you'll find an Indian who's happily co-existing with the piranhas in the Amazon basin..... to another one who's braving extremes temps in the Gobi Desert.... basically, in every country in the world LOL

 

[Bryanna]

Just as a PS to the question above, what if we file a family application of my would be in-laws (parents) and my girlfriend together for TRV and present case as tourism? With her father who is owner of business and the main account as primary applicant. Because, eventually at some point in future, I'd want them to visit as well, so if this somehow can get her visa as well? Besides, my girlfriend is also not an employee of the business but she owns part of it. Its just that the funds do not travel via her private account. Just exploring my options.

I wouldn't be too worried about her dad's chances of getting a TRV. I'm guessing he would be able to submit more than adequate documents to prove he has an actively trading business + properties + he would still need to sort the financial transactions/and add an explanation for the criss-crossing of money between personal and business accounts.

IMO, your girlfriend has weak ties:
Does she have formal documents to prove she is a business partner? + Does she actively manage some part of the business and can prove it (preferably, an area of work which no one else can do)? + Does she get dividends/profits from the business (it doesn't seem to be the case)

Also, note:
Each individual applicant's ties are assessed separately. So, her father might get approved for a TRV, but she might not. It's not like all family applicants get TRVs on the strength of one applicant's finances/ties

 

[canuck_in_uk]

3. If, we plan to declare ourselves common law partners in Ontario when she arrives here, should I mention that in Letter of Invitation? or should she just travel as tourist without my letter of invitation?
4. Eventually, what I'd prefer is to apply for PR as married couple, so that she doesn't have to go through the sponsorship process, how should I be doing that? Should I bring her here and declare common law union or I travel to India and register ourselves in court marriage? In any case, which one in your opinion, will be quicker in bringing her in Canada?

You don't "declare common law union". Common-law is a de facto status. If you have cohabited for one continuous year in a marriage-like relationship, you are common-law.

 

[Nitish_KSharma]

IMO, your girlfriend has weak ties:
Does she have formal documents to prove she is a business partner? + Does she actively manage some part of the business and can prove it (preferably, an area of work which no one else can do)? + Does she get dividends/profits from the business (it doesn't seem to be the case)

She does actually. We have all formal documents to prove her partial ownership. She also owns property, has up to date Income Tax return filled as company owner. She does get profits from business too. Its just that there is no monthly salary.