HELP: Accompanying my Partner While She Studies

[markphilipstern]

Hi There,

I am going to explain my situation and I would be so grateful for any opinions / any one who has gone through this process before.

I am a British Citizen currently living in Australia. My partner (NZ Citizen) of 3 years has just moved to Vancouver to start two years of studying. Her Student Visa went through smoothly, however she applied as Single as we were worried about the processing time and our situation is somewhat complex. 9 months of our relationship was spent over long distance, with two visits in between. From May 2012 to December 2012, we were together, travelling around and using a joint bank account (Evidence: Travel + Accomodation confirmations, showing we travelled together exclusively for this time). From January 2013 to August 2013, we lived together in Western Australia with joint bank accounts and investments and rent. I know this is an unusual set up, but I am fairly confident that we have enough evidence to prove our relationship (Are letters from family, friends and references accepted to further verify our relationship?).

We are now looking into applying for a partners visa for me to join her. We have three options, I apply from Australia with an expected processing time of 2 months. I move to Canada, enter as a visitor, and apply from Vancouver via mail with an expected processing time of 1.5 months. Or we physically go to the border and get a decision on the day.

Does anyone have any experience of these processes? I very much want to head out to Canada and do one of the latter two options. If we are living together in Vancouver while applying will that make a difference? I really want to get a decision ASAP, so the border one is attractive for that reason. Has anyone done that? Do you think it would help or hinder the application doing it in person? Obviously if it worked it would be great, but if I got denied it would be a very expensive failure!

Any help would be very much appreciated at this stressful time!

 

[scylla]

I don't see how you can apply for a partner visa and claim you are now common law if she said she was single in her application and failed to declare you. CIC may view this as misrepresentation (i.e. lying in the student visa application).

I think you need to look into how you can come to Canada independently. You girlfriend can't say she's single when it's convenient and then switch to common law on a whim. She's either one or the other. Since she's already stated she's single on her study permit - I think she's stuck with that.

You'll have to come to Canada in a way that's not dependent on her.

 

[Leon]

scylla is right. You can not say to immigration today that you are single to get faster processing time and tomorrow say that you are common law and want a visa for your spouse. This is known to immigration as misrepresentation and can become pretty serious business depending on what it is that you lie about and if it would have affected getting the visa in the first place.

What you could do is apply for a working holiday visa if you qualify and after you have lived with her in Canada for a year, you can apply for a partner visa based on common law, naturally not mentioning that you were already common law when she listed herself as single on her student visa application.

 

[markphilipstern]

Hi Guys,

Thank you very much for your reply, any information is much appreciated.

I had not foreseen this as an issue so it is helpful to know that it could be. I am intending to submit a letter of explanation due to the unusual nature of the application, especially regarding the original student visa. From your experience, is it possible that by applying and bringing this information up, the validity of the original student visa could be revoked?

Again, thank you very much for your continued help. I am aware and qualified to apply for the working holiday visa, I am just trying to explore options that would allow me to arrive in Canada before spring next year.

I look forward to hearing your reply

 

[scylla]

The letter won't work and could cause problems for your girlfriend's visa (misrepresentation). CIC does not take kindly to "oversights" regardless of the reason. It will be viewed as lying. If the letter does not cause problems for her visa - you still won't qualify as a dependent. This possibility was ruled out when she excluded you from her application.

You have two options: (1) Figure out a way to get here independently as we have already suggested; (2) Have your girlfriend return her visa without using it and submit a brand new application declaring you as her common law partner. If she picks option 2 then she will have to defer her studies to Jan. Too late to reapply now.

 

[Leon]

Or option 3, get married and apply as her husband.

 

[scylla]

Or option 3, get married and apply as her husband.

Yes - or that!

 

[scylla]

You have two options: (1) Figure out a way to get here independently as we have already suggested; (2) Have your girlfriend return her visa without using it and submit a brand new application declaring you as her common law partner. If she picks option 2 then she will have to defer her studies to Jan. Too late to reapply now.

My bad. #2 isn't an option because your girlfriend has already used the visa. So your options are #1 or get married.

 

[TARU]

My bad. #2 isn't an option because your girlfriend has already used the visa. So your options are #1 or get married.

Experts kindly look out my situation and help me.

Guys my a new bie here . please help me with my below situation.

My Husband is in Canada on Study pemit since Jan'13 i have applied OWP in month of June from Delhi VFS on the behalf of his study permit.

At the time of applied from India my husband opted for 1 year course but after reached in canada he has changed his course for 2 year.

CHC has record of my husband has opted for 1 year course or they have been updated by college ?????

Now i have two doubts in my mind.

Does college pass the information to embassy this applicant changed his/her course to two year.

and my husband has got his SIN card as well after completion of his 6 months in study.

At the time of i applied for OWP i haven't shown any letter from his college but i have given photocopy of his ID card and student number.

My concern is does CHC has the information about my husband changed of course or they have old records at the time of applied his study permit.

Because if they have old records it gonna affect my application of OWP as per old records technically my husband course was going to finish in last month aug'13...

One more concern.

My husband TRV and his study permit is valid till mar'14 at the time of i applied OWP his visa and study permit is valid for 9 months.

But on the next coming month oct'13 his visa will be left for 6 months only as per below link in the line no 5 it's written main applicant (Husband) TRV should be left for at least 6 months

Does he extend his permit and visa now or later.

Will this affect my application of OWP.

Your reply and experience will be appreciated..

regards
Taru