Can you help?

[CanuckWill]

Hi Guys,

I'm a Canadian Citizen who wants to return to Canada with my Ukrainian fiancée and son.

We will be settling in Alberta.

We want to make a family class application for a permanent resident visa within Canada to avoid a long separation, especially as Ukraine is currently in turmoil and we feel like we are sitting on a powder keg.

My question is:

What's the best visa for my fiancée and the little guy to apply for so that they can come into Canada in the first place?

I don't want to do the tourist visa thing cause she's coming as family, not a tourist and I don't want to be accused of lying about why they are coming.

Should she apply for a temporary resident visa to come to Canada? When I read the immigration Canada pages, its looks as if TRV is not for family applicants... is this true?

What other visa can she come in with ?

Is it better for her to apply for a temporary resident visa once inside Canada?


Also, we want to get married. Is it advisable for us to be married in Ukraine before we apply for her to travel?
As we would actually prefer to be married in Canada.

Can anyone help?

 

[CanuckWill]

So, I have been reading about the whole fiancée red flag thing with CIC.

So, its better my fiancée and I get married in Ukraine. Great ! Got that answer figured out.

However, I still need to know:

1/ what's the best visa for my (then) wife and little guy to come to Canada on?

2/ Do I apply for a TRV for them both when we are all in Canada?

3/ Or, do I go straight to Sponsor for them to get PR visa's?


Thanks in Advance,

T'jour frais !

 

[scylla]

FYI - a TRV is a tourist visa (they are the same thing). This is really the only option if you want to sponsor them for PR from within Canada. They will need an approved TRV to get on a plane and come to Canada. So the TRV will need to be obtained before they come to Canada (not once they are in Canada).

 

[CanuckWill]

Thanks Scylla, much appreciated.


So, we need to get married here in Ukraine and my family and friends in Canada will just have to wait. Then when my wife and our little guy have their passports in their new family names, we'll apply for a tourist visa for them through Canadian office in the city of Lvov.

Then once they are in Canada, I can apply to sponsor them for their Permanent resident visa's from inland.

Right?

Am a bit pissed we won't be able to get married in Canada for crissakes... My mom will be sooo happy at that news !
Am also a bit pissed my wife and son will have to wait in Ukraine's powder keg whilst I go home and set up for their arrival.

Anyway, thanks, the way forward is clearer now.

T'jour frais

 

[scylla]

There's nothing stopping you from getting married in Canada - not sure why you think that.

They can apply for TRVs and come to Canada before you get married.

Note there's never a guarantee the TRV will be approved. But the chances are likely higher before you get married rather than after. To be approved, they will need to demonstrate they have strong ties to their home country and have no plans on remaining in Canada long term (which is why it is easier before you get married).

 

[CanuckWill]

Wow Scylla,

Thanks for the help, but.... that whole " will be easier to get a trv if they can prove they won't stay" thing... Sounds a bit Newfie to me!

Of course they'll stay, their dad, hubby is Canadian....Anyhoo...

But... now I read between the lines......gotcha ! thanks

Only got the idea we can't get married in Canada cause I was reading a fiancée can't get a visa to come to Canada.. but... as I said, reading between the lines..... Gotcha!

Much appreciated.... oh and my mom will love you !

T'jour Fraise !

 

[scylla]

The TRV is effectively a tourist visa. Regardless of whether they apply before or after you get married, they will be applying to come to Canada as tourists. When CIC evaluates their application, one of the things they will be trying to determine is if they are in fact genuine tourists. Once you are married, it will likely become quite obvious to CIC that she has plans to remain in Canada long term being married to a Canadian - and this will increase the chances of refusal.

However even if they apply for the TRV before you are married, there's still no guarantee of approval. Again, it will be important for her to include evidence in the application that demonstrates she has strong ties to her home country - preferably things like property ownership, employment, etc.

There is certainly a chance the TRVs will not be approved. In this case you will have to get married in Ukraine (assuming you are not common law) and apply for PR with her outside of Canada. But by all means give the TRV a go - good luck.

 

[CanuckWill]

Hi Scylla,

Okay thanks. Regarding domestic ties, yes, she has a full time job here, her owned properties are here, pension here all of the above.

So... she's just coming as a tourist.

I figure she'll get the 'trv' no drama.

I'm just kind of worried that we'll be accused of lying if she comes as a tourist and then we get married and apply for a Permanent Resident Visa for her.... just trying to cover my butt, that's all. lol

I never realised my government looked at things this way before. So, there's no other way her and our little guy can come into Canada?
That kind of means the rules force us to lie to our own government....just to have the right to a happy family life. It really sucks. I don't feel good about that at all. This has really opened my eyes.

But if there is no other way for them to come to Canada, then so be it.

Thanks for your support and help buddy.

T'jour frais

 

[vania]

Hi,

If you are Canadian citizen , your child is Canadian too and no need to sponsor. You just can apply for Proof of citizenship, the process is 6-10 months.

 

[Rob_TO]

If you have lived together for 12 continuous months, then you are officially common-law so don't even need to get married before you send in the application after you arrive in Canada. If applying as common-law couple, you will just need to show proof of living together in the Ukraine (shared lease/mortgage, common utility bills, mail going to same address, joint finances etc).

 

[connie121]

Am not really understand the " strong ties to home country" thing.

My hubby and I married in China, am PR. We planed to sponsor him to Canada.
Same as you, we do not want to separate, so we choose to apply inland.
Then we needed to apply visa for my hubby to entry Canada.
We applied visitor visa and got approved. We fly back to Canada together on the same day.
Now my hubby just received his PR card yesterday.

When we applied his visitor visa, I wrote a letter stating that we gonna apply immigration for him and we like study, work and spend the rest of our lives in Canada. What we had in China, we will bring all of them to Canada. (Bank saving, stock, property, vehicle, etc,.) How Canada is good for living. What we can do in Canada. (Education background, work experience, other skills)
I wrote a lot. But nothing about ties to home country, since we are leaving China.

I think it depends on what kind of visa you are applying. If you saying you are tourist and want travel in Canada for a short time. Then you need to prove you won't stay in Canada and you have to go back to home country.

BTW, u r Canadian Citizen, you can sponsor your family when u out of Canada. So, if the visa dose not got approved, you apply to sponsor them through Outland while you can stay in Ukraine with them.

 

[CanuckWill]

Many Thanks Vania, Rob and Connie,

Though your information is really helpful, I guess my head is kind of spinning right now. Not from you guys, but from generally the vast amount of conflicting information that I'm finding.

In a nutshell, I want to take my fiancé and little guy home to Alberta. We want to get married in Canada and we want to stay in Canada. We want to settle, buy a house, start work and just settle.

That's it. Nothing more.

One set of information suggests we don't get married in Ukraine, she travels on a Tourist visa and we apply for an extension plus a permanent resident visa within Canada.

The other set of information states we can get married in Ukraine, apply for a tourist visa but she can't stay and we have to make the whole application for permanent residence outside of Canada.

Which one is correct?

I just want to take my family home, get married and enjoy life. It really should be that simple.

Can anyone tell me whether choice one is possible?

Thanks again everyone. You've been really helpful.

 

[canuck_in_uk]

One set of information suggests we don't get married in Ukraine, she travels on a Tourist visa and we apply for an extension plus a permanent resident visa within Canada.

The other set of information states we can get married in Ukraine, apply for a tourist visa but she can't stay and we have to make the whole application for permanent residence outside of Canada.

Which one is correct?

There is no single correct way. There are many options, depending on things like whether you guys are common-law or must be married and whether she actually gets the TRV. It is up to you guys to choose which is best for you.


I would suggest you apply for the TRV immediately; if it's approved, you have many options:

- You can come to Canada, get married and apply outland or inland
- You can get married in Ukraine, come to Canada and apply outland or inland
- You can get married in Ukraine, apply outland and then come to Canada
- If you are common-law, you can apply outland from Ukraine without being married and then come to Canada
- If you are common-law, you can come to Canada and apply outland or inland without being married

If the TRV isn't approved:

- You can apply outland from the Ukraine; if you don't qualify as common-law, you would need to be married first


Is the child your biological son or stepson? If he is your bio son, and you were either born in Canada or were naturalized as a Canadian prior to his birth, then he is Canadian as well and doesn't need to be sponsored. You can apply for proof of his citizenship. If he is your stepson, then he will need a TRV as well and will need to be included in his mother's PR app.

 

[CanuckWill]

Fabulous Canuck-in-uk !!

Suddenly it all becomes clear. Great post. Thanks. There is hope. !!

If I can be of help in return, just holler !

Tjour fraise !

 

[canuck_in_uk]

Happy to help, good luck