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Lawyers procedure - harmful or good?

Yourname

Star Member
Mar 17, 2014
108
2
Hello,

My girlfriend arrived in Toronto from another country on Visitor Visa (On multiple re-entry till 2018)
Her permit expires on March 25. When she applied for the Visitor visa, she stated civil status as single and did not declare me as her common-law partner because I was living with her in her country. This is because I was nearing the expiration of my PR card and also because we didn't know if we were common-law partner (There is no concept of conjugal or common-law in her country, hence "Single" made more sense)

Anyway, goal is to extend her visitor visa, do IELTS, look for a school and then apply for student permit. After 2 years, I renew my PR card (let's not focus on me because that's a different story) and I can sponsor her as common-law. So my plan was to continue keeping her "Single" throughout the applications and then when time comes for me to sponsor her as common-law, we then declare myself as common-law who met her a year or so ago in Toronto during her studies (which is a lie because truth is we met each far before she came to Canada and me, a PR, met her in her country of birth). This way, in my eyes, I ensure that she gets approved most of the time without any problems and we get everything we want.

Lawyer, on the other hand, says that we need to start coming clean about our original meeting outside Canada and declare me as the conjugal right away to avoid sponsorship complications down the line. My argument is why jeopardize this renewal application for something that will happen after two years and even then, I will claim conjugal only for the immediate past 2 years as if we met in Toronto, not in her country.

Lawyer says they want to be truthful and God bless them - but I think this might harm my girlfriend's approval.
Can someone please chime in? I don't know what to do... and we're trying to file by Friday (21st).

Thanks for reading!
 

scylla

VIP Member
Jun 8, 2010
96,906
22,871
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I personally would not lie to CIC if you have now been living together for one full year or more. I would declare that she is now common law on her upcoming extension. Lying to CIC is always a bad idea since it can lead to a finding of misrepresentation (which can then lead to a 2 year ban from Canada).

FYI - it may be difficult for her to be approved for a study permit as a visitor in Canada who has already renewed her visit visa once. To be approved for a study permit, a person needs to be able to prove that they have strong ties to their home country and have no plans on remaining in Canada long term. It will be very difficult for her to prove she has strong ties to her home country if she has been in Canada for so long. You should have a back up plan in the event her study permit is refused.
 

Yourname

Star Member
Mar 17, 2014
108
2
Thanks scylla
What would you suggest would be a good backup plan if she gets rejected for the student permit?

Also, would you suggest she leave the country now.. hang out in Philippines for a month, return here on her Visit visa and apply for student permit from here with dual intention?
 

Yourname

Star Member
Mar 17, 2014
108
2
Hi there!

A quick update to everyone: my girlfriend went back to her country before her initial 6 month period expired. She's been there a little over a month.

We are making arrangements for her student visa in regards to the finance of it. As soon as that's finalized, we're planning to see her through here. The only difference is, there will be a mention of the dual-intent where this time, she mentions me her boyfriend unlike the first time when she mentioned only her aunt without a single mention of her boyfriend from Canada who she's been with for 2 years in Philippines.

If she does get allowed in for a quick visit, then she will leave after 4-5 months to go back to Philippines and begin to apply for her student visa while mentioning the dual-intent once again.

Anyone have any thoughts? :)
 

kewl

Star Member
Sep 19, 2013
140
6
Category........
Visa Office......
Riyadh Online TRV
Job Offer........
Pre-Assessed..
App. Filed.......
03-04-2014
Doc's Request.
03-04-2014
Passport Req..
28-04-2014
VISA ISSUED...
27-04-2014 (Multiple)
LANDED..........
First landed in 09/2016. Visa Expired 11/2016. Reapplied with approved TRV valid until 2021
why not get married first and later on sponsor her so she can be with you permanently :D
 

Yourname

Star Member
Mar 17, 2014
108
2
My PR card has expired in October, 2013. I have to wait till October 2015 before I can renew my PR card (because I did not satisfy my residency obligations). Till then I cannot do any kind of sponsorships or any immigration related activity. :(