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Future student needs advise on TRV visitor OR work permit for common law partner

birch

Member
Jun 2, 2013
10
0
Hi!
What a great forum!

Please let me know what is your experience in what you think I may have to do....

I am a Swedish citizen with temporary residence in Bolivia where I have been working and volunteering for the last few years. My common law partner is a Bolivian citizen and he does not have a full time job at a company but is an independent artist and like many Bolivians works when there is work but he also owns a house and volunteers and supports a neighborhood art organization which can vow to his engagement in the arts. He has a university degree.

I have been accepted to a PhD program and thought common law partners are eligible for an open work permit but now the international students office at the university has said that many of these applications get rejected and to apply for a TRV and visitors visa. However, I do not know how he can prove that he has enough economic and social ties to Bolivia if I, his common law partner (we have lived together for 1 year and some months and have rental leases to show), is going to move to Canada for a Phd? Also I do not want to be untruthful to immigration.

I could imagine for him to come only to visit and then for me to return to Bolivia for christmas and plan to marry him then and say this to immigration.
Should we first try to apply for a visitor (and TRV) visa for him to come (at the same time as I now apply for my study permit)?

We are applying online to the Lima visa office.

Please advise!
 

tomsware

Hero Member
Dec 28, 2012
841
17
Category........
Visa Office......
Singapore
NOC Code......
1112
Job Offer........
Pre-Assessed..
App. Filed.......
16-05-2013
Doc's Request.
already submitted with application
Nomination.....
N/A
AOR Received.
25-07-2013
IELTS Request
already submitted with application
birch said:
Hi!
What a great forum!

Please let me know what is your experience in what you think I may have to do....

I am a Swedish citizen with temporary residence in Bolivia where I have been working and volunteering for the last few years. My common law partner is a Bolivian citizen and he does not have a full time job at a company but is an independent artist and like many Bolivians works when there is work but he also owns a house and volunteers and supports a neighborhood art organization which can vow to his engagement in the arts. He has a university degree.

I have been accepted to a PhD program and thought common law partners are eligible for an open work permit but now the international students office at the university has said that many of these applications get rejected and to apply for a TRV and visitors visa. However, I do not know how he can prove that he has enough economic and social ties to Bolivia if I, his common law partner (we have lived together for 1 year and some months and have rental leases to show), is going to move to Canada for a Phd? Also I do not want to be untruthful to immigration.

I could imagine for him to come only to visit and then for me to return to Bolivia for christmas and plan to marry him then and say this to immigration.
Should we first try to apply for a visitor (and TRV) visa for him to come (at the same time as I now apply for my study permit)?

We are applying online to the Lima visa office.

Please advise!
you have a write a strong justification letter to the immigration if you apply for both together.... if you think chances are low, then apply his TRV after you get your one...

i think it's better not to ask for his work permit at the beginning... let him come to canada with TRV/visit visa first.... and then based on that, you can decide...

coz, if you apply for his visa with with work permit and gets decliend, then that would tougher for further...

i would suggest to go step by step.... (this is how i am doing for my spouse as well)

good luck !
 

Rajan Grover

Hero Member
May 27, 2013
312
9
Hi ,

Mine situation is little bit different as my spouse is in canada on study permit for last six months and now i really want to accompany her kindly suggest me which visa should i apply .

first should i apply Visitor visa or TRV or directly open work permit.

Your reply would be really helpful for me.

Regards
Rajan
 

birch

Member
Jun 2, 2013
10
0
Thank you for taking the time to write about this!

Ok, I think it seems logical to first try for the visitors visa in case the work permit gets rejected (because then how could i prove the visitor intent).

Please could you clarify, do you think based on your experiences that I could apply for my study permit and his visitors visa+TRV at the same time?
If so, what address do I put down and how can we prove that he is only coming to visit while I am moving there to study (for the PhD)? any ideas how to prove or show this as he does not have a full time contract but is self-employed (so no vacation permission letters or tax or pay slips exist)? He does own a house though (although it is only worth 5,500 USD). All his family is in Bolivia. He has traveled before but only in Latin America.

Or do I have to go there first and then invite him as a visitor?

What is your situation like tomsware?

Thank you!
 

tomsware

Hero Member
Dec 28, 2012
841
17
Category........
Visa Office......
Singapore
NOC Code......
1112
Job Offer........
Pre-Assessed..
App. Filed.......
16-05-2013
Doc's Request.
already submitted with application
Nomination.....
N/A
AOR Received.
25-07-2013
IELTS Request
already submitted with application
birch said:
Thank you for taking the time to write about this!

Ok, I think it seems logical to first try for the visitors visa in case the work permit gets rejected (because then how could i prove the visitor intent).

Please could you clarify, do you think based on your experiences that I could apply for my study permit and his visitors visa+TRV at the same time?
If so, what address do I put down and how can we prove that he is only coming to visit while I am moving there to study (for the PhD)? any ideas how to prove or show this as he does not have a full time contract but is self-employed (so no vacation permission letters or tax or pay slips exist)? He does own a house though (although it is only worth 5,500 USD). All his family is in Bolivia. He has traveled before but only in Latin America.

Or do I have to go there first and then invite him as a visitor?

What is your situation like tomsware?

Thank you!
i believe, its better to apply for his visitor visa AFTER you get your study permit... (purely in my opinion only)....

having house for him (regardless of the price) is very good to show his ties to his home country as Visa officer will mainly look into below issues:

1. will this guy return from canada after his return? (to prove his he has to show that he has very good ties in bolivia ... property, family etc etc)....
2. does this guy have sufficient money to bear his entire trip and accommodation cost in canada? (for this he needs to show sufficient balance in his account which would cover his air fare, living cost for a month in canada etc)
3. travel history: the more he travelled to other countries, more would be his chances to get visa as that proves that he knows how to deal in foreign countries and since he returned that means he travels purely for visiting.... (travels with latin ameraica is also enuf i believe)...

i my case, it's a bit different ...
3. travel history
 

birch

Member
Jun 2, 2013
10
0
ok, thank you!

But in theory the common law partner has a right to apply for the open work permit. However, does anyone have experience in this, either success or failure?
 

tomsware

Hero Member
Dec 28, 2012
841
17
Category........
Visa Office......
Singapore
NOC Code......
1112
Job Offer........
Pre-Assessed..
App. Filed.......
16-05-2013
Doc's Request.
already submitted with application
Nomination.....
N/A
AOR Received.
25-07-2013
IELTS Request
already submitted with application
birch said:
ok, thank you!

But in theory the common law partner has a right to apply for the open work permit. However, does anyone have experience in this, either success or failure?
yes, CIC gives the right to the common law partner to apply for open work permit, and there are many cases it was approved ... as every Visa Officer consider every case based on its merit .... and also Visa officer has the right to refuse for open work permit application on valid reasons (which he would explain in a letter in case of rejection)...

it depends on you how you are going to handle the whole issue...

in my case, i got approval for study permit because if was confident and presented my case smartly; otherwise in normal situation my own case was quite vulnerable ...

i prefer you to get suggesion from other on-hand experienced/senior members of this forum...

good luck.
 

birch

Member
Jun 2, 2013
10
0
Hi!
Thank you for sharing!

I dont think I have a problem of getting a study permit at all (because I am from the European Union, have scholarships, student loans, assets, home ties etc.) but rather the problem is my common law partner. As common law, will my assets count like his?

How to prove that he will return to Bolivia as a visitor if he does not have a lot of assets on his own, only a house and all his family (but we live together and I will go for a phd in canada, obviously they may question his intentions)? Please advise.

Also, could him doing an intensive English course in Canada 1 month be a reason to get a TRV as visitor? (with intention to do that not just main intention of visiting me?). Anyone has experience? Or do they question that as well?