How to stay in Canada without meeting PR obligations with my future wife

[choson86]

Hey Leon and others

We're all so thankful for your advice every now and then. I have a question to ask.

I'm from Korea (VEC) and I'm planning to move back to Canada for good 2 years from now. I got my PR Card renewed on 2009 Sept. so legally, I should have entered Canada last month and should have stayed for 2 years to fulfill the 2 year requirement as a Permanent Resident. However, I have my own personal reasons and I will only be able to enter Canada in 2014 around May, June, or July. While moving back, I'm thinking of getting married to my current gf and moving into Canada together. Since I'm from a VEC, i guess she could stay with me for 6 months and move back and forth (if that's the best solution). However, I was wondering if you had any other advice for me and her to stay together in Canada. I am well aware of the fact that after entering Canada (if it is smooth enough), I should apply for PR renewal only after I reside for 2 years. So what would be the best plan for my gf to reside with me in Canada?

Well I hope you understood my question. And oh, btw, I am planning to move back to Canada so I can attend MBA. I don't know if this has anything to do with the question... but just for more facts on the way.


Thanks in advance!

 

[Leon]

The very best way for your soon to be wife to stay with you in Canada would be for you to sponsor her. However, if you do not meet the residency requirements yourself, your PR will be in danger if you apply to sponsor her before you complete your 2 years in Canada.

In the meantime, she can visit you in Canada for up to 6 months at a time. She has the same right as other foreigners to apply for a study permit in Canada or if she finds an employer who can get a labour market for her, she can apply for a work permit.

 

[clubcanada]

in regards to your gf: check current availability of work & travel visa (name might be different in korea) on canadian embassy in seoul website. this is an open 12-months work visa for koreans under 30. i'm not sure whether it still exits, though.

 

[choson86]

Thank you guyz for your answers.

I've given it much thought and I'm wondering if the best possible way for me and my gf is to first enter into Canada and reside for 6 months (since we're from a visa exempt country) and then have her apply to one of the ESL institutions to extend her stay (with a student visa I guess). I don't know if this solution works or not...

Your replies will be greatly appreciated!

Thanks in advance!

 

[clubcanada]

if you have money to attend an ESL programme then go for it. Personally I think it's wasted money because as a PR she'll get english classes for free as part of the immigration.
in terms of the visa it's not necessary as I said before, as a korean you can get a work&travel visa for 12 months (under the condition you are under 30 years old). korea and canada have an exchange programme. so basically this would provide you 18 months to bridge.

here's the link to the canadian embassy in seoul:
http://www.canadainternational.gc.ca/korea-coree/experience_canada_experience/index.aspx?view=d

 

[choson86]

if you have money to attend an ESL programme then go for it. Personally I think it's wasted money because as a PR she'll get english classes for free as part of the immigration.
in terms of the visa it's not necessary as I said before, as a korean you can get a work&travel visa for 12 months (under the condition you are under 30 years old). korea and canada have an exchange programme. so basically this would provide you 18 months to bridge.

here's the link to the canadian embassy in seoul:
http://www.canadainternational.gc.ca/korea-coree/experience_canada_experience/index.aspx?view=d

many thanks clubcanada!

wow this program seems to be a real solution!

one question though... I think the 2012 quota is already up. Do you think this program will be renewed every year?

 

[Leon]

Yes, these programs are renewed every year. Keep a watch on the website to see when they open for applications for 2013. Then she can apply and if she gets the visa, she can enter Canada on any date in 2013 and stay for 12 months.

 

[clubcanada]

visas are granted on a first-come-first-basis and most likely all visas are gone in spring. I don;t know exactly when the 2013 programme will open but I assume end of this year - so get your application material together and visit the site on a regular basis over the next weeks...

 

[scylla]

Thank you guyz for your answers.

I've given it much thought and I'm wondering if the best possible way for me and my gf is to first enter into Canada and reside for 6 months (since we're from a visa exempt country) and then have her apply to one of the ESL institutions to extend her stay (with a student visa I guess). I don't know if this solution works or not...

Your replies will be greatly appreciated!

Thanks in advance!

The study visa route might not work. To be approved for a student visa, you must prove that you have strong ties to your home country and no plans to remain in Canada long term. If you take a look at the threads in the Foreign Student section of this forum, you'll see that plenty of people are rejected due to lack of ties. If she applies from Canada, CIC may suspect she's just using the student visa as a means of remaining in Canada and isn't a genuine student. The choice of the ESL program is also pretty weak (i.e. increases the likelihood that CIC will suspect she's just trying to remain in Canada). I would apply to a degree program instead (first choice) or a diploma program (second choice) instead.

 

[choson86]

The study visa route might not work. To be approved for a student visa, you must prove that you have strong ties to your home country and no plans to remain in Canada long term. If you take a look at the threads in the Foreign Student section of this forum, you'll see that plenty of people are rejected due to lack of ties. If she applies from Canada, CIC may suspect she's just using the student visa as a means of remaining in Canada and isn't a genuine student. The choice of the ESL program is also pretty weak (i.e. increases the likelihood that CIC will suspect she's just trying to remain in Canada). I would apply to a degree program instead (first choice) or a diploma program (second choice) instead.

Dear Scylla

That is exactly what I'm afraid of. The "working-holiday" visa is granted to people who are between ages of 18-30 and she will be barely making the age limit next year. Furthermore, I've gone through the applications and it requires the visa applier to mention all the school work, etc which seems that they're looking for more students. However the problem with your suggestion is that it's quite costly and furthermore her English isn't at the level for any degree or diploma.

Since I'm trying to enter Canada and apply for an MBA course, I might as well relinquish my permanent residency and apply for a student visa.... that way I can take her with me without any problems. Yet again... I was thinking of applying for OSAP to fund my MBA but if I get a student visa, money will be the next problem.

I'm just getting feedbacks from everyone and trying to see what the best possible solution will be.

Thanks everyone for so much help!

 

[clubcanada]

That is exactly what I'm afraid of. The "working-holiday" visa is granted to people who are between ages of 18-30 and she will be barely making the age limit next year. Furthermore, I've gone through the applications and it requires the visa applier to mention all the school work, etc which seems that they're looking for more students. However the problem with your suggestion is that it's quite costly and furthermore her English isn't at the level for any degree or diploma.

Scylla was referring to the study visa only - not WH. WH is normally being processed on first-come-first-serve basis and as long as you fulfill the basic criteria (age), you get the visa. I have never heard of any one who got rejected (unless quota exceeded) - you'd be the first...

BTW: If you lose your PR status and start an MBA programme you're considered an international student, I guess. Look up the tuition fees for international students vs domestic students - you might re-consider your plans...