Applying for my son a study permit and my wife visitor visa accompanying him, while I'm in the process of Judicial Review for my study permit refusal

[Jamie87]

Hey guys, I can use some advice, and thanks for any comment in advance. Really appreciate that!

Here is the thing. Just considerring whether the proposal on the title is doable or not? The JR process seems going to take endless long time. If I want my wife and son depart first, can I acctually do that? Will there be any impact on my JR application or my JR application will have any impact on their applications?

 

[scylla]

Hey guys, I can use some advice, and thanks for any comment in advance. Really appreciate that!

Here is the thing. Just considerring whether the proposal on the title is doable or not? The JR process seems going to take endless long time. If I want my wife and son depart first, can I acctually do that? Will there be any impact on my JR application or my JR application will have any impact on their applications?

So you're saying your son would come to Canada as an international student and pay international student fees? Has he already been accepted by a school as an interational student and obtained a study permit?

If that's the case, your wife would be able to come to Canada as a visitor short term (assuming she has an approved TRV) but wouldn't be able to live here with your son. Depending on your son's age, he may need to have a guardian appointed in Canada.

Whether it makes sense to try this would depend on what your reasons are for attempting to come here.

 

[Jamie87]

So you're saying your son would come to Canada as an international student and pay international student fees? Has he already been accepted by a school as an interational student and obtained a study permit?

If that's the case, your wife would be able to come to Canada as a visitor short term (assuming she has an approved TRV) but wouldn't be able to live here with your son. Depending on your son's age, he may need to have a guardian appointed in Canada.

Whether it makes sense to try this would depend on what your reasons are for attempting to come here.

Thank you for replying, Scylla.

For now, it's just an idea, so they haven't done any applying yet. The whole picture here is, since my study permit was refused and doing the JR currently, plus we want to go to Canada as soon as possible, we're thinking of changing a lane that would be easier for us, which is my wife and my son (main applicant) to go first, when they settle in, then I will apply for a proper visa to join them.

Set aside those following plans, can we actually do this without my JR coming to a conclusion? Is there any hidden risk I should learn about?

 

[MustaphaSabir]

Your Spouse's and Son's visa are based on your Study Permit. So if you don't have any positive decision yet, then then don't have any basis of applying either.

 

[Jamie87]

Your Spouse's and Son's visa are based on your Study Permit. So if you don't have any positive decision yet, then then don't have any basis of applying either.

Thank you. I mean they do a seperate application, my son as the main applicant, not based on mine.

 

[scylla]

Thank you for replying, Scylla.

For now, it's just an idea, so they haven't done any applying yet. The whole picture here is, since my study permit was refused and doing the JR currently, plus we want to go to Canada as soon as possible, we're thinking of changing a lane that would be easier for us, which is my wife and my son (main applicant) to go first, when they settle in, then I will apply for a proper visa to join them.

Set aside those following plans, can we actually do this without my JR coming to a conclusion? Is there any hidden risk I should learn about?

How old is your son? What grade would he be studying?

Your wife cannot come to Canada to settle with your son. Your son would be the only one allowed to "live" in Canada. Your wife would only be allowed to visit temporarily.

 

[Jamie87]

How old is your son? What grade would he be studying?

Your wife cannot come to Canada to settle with your son. Your son would be the only one allowed to "live" in Canada. Your wife would only be allowed to visit temporarily.

My son is 6, going elementry school studying I suppose. My wife can stay up to 6 months each time, but the period an be extended in Canada, right? I mean, in the context of me still in the procedure of JR, is this approach recommended? Thank you Scylla, you're just so kind!

 

[Naturgrl]

My son is 6, going elementry school studying I suppose. My wife can stay up to 6 months each time, but the period an be extended in Canada, right? I mean, in the context of me still in the procedure of JR, is this approach recommended? Thank you Scylla, you're just so kind!

So your son would be the main applicant? If so, he is a minor and needs a guardian in Canada because your wife cannot live in Canada. Your wife cannot be the guardian but someone who lives in Canada. You will need to get your son admission to a Canadian public school, pay international fees and show living expenses for him. Estimate $25k. Your wife is not guaranteed a TRV.

 

[scylla]

My son is 6, going elementry school studying I suppose. My wife can stay up to 6 months each time, but the period an be extended in Canada, right? I mean, in the context of me still in the procedure of JR, is this approach recommended? Thank you Scylla, you're just so kind!

At that age (of your son), your plan honestly makes zero sense. It just makes it look like you are desperate to get to Canada any way possible. Stick with JR. Don't have your son go first on a study permit.

Your wife is not guaranteed a six month stay. How long she is allowed to stay in Canada is always determined by CBSA when she arrives in Canada. She could be allowed in for the default six months or may be given a much shorter trip. And yes, she can apply for an extension but there's no guarantee of approval. You cannot use a TRV to try to live in Canada.

This plan is very flawed. Stick with the JR.