Marriage with an international student

[szeen20]

Hi Guys,

I am a Canadian citizen living in Ontario and I am planing to get engaged with an international student.

I highly appreciate if you could help me clarify some questions, she has a new study permit in New Brunswick and she is supposed to start her study at the college in September 2021 but we are planing to get engaged by the end of September - early October, 2021 the fact that she's not going to the college could be create a problem (Specially when applying for her permanent resident or at the marriage)? I am not about her status at that time..Could it be possible that her study permit will be cancelled?

Some background:
------------------
she came her in January 2021 for university degree, since the program at the University wasn't appropriate for her she applied for a new study permit in New Brunswick this summer. we've been knowing each other since April 2021 (while she was at University).

Thank you,
Zeen

 

[Diana1993]

Hello,

Eventually her study permit will be canceled because the institution that she is supposed to go to will notify IRCC. They are under statutory obligation to do so. Therefore, she better go to the college.

You can still sponsor her while she is out of status in canada. There is a policy in that sense. You can Google it and see for farther details.

Best of luck.

 

[Naturgrl]

Hi Guys,

I am a Canadian citizen living in Ontario and I am planing to get engaged with an international student.

I highly appreciate if you could help me clarify some questions, she has a new study permit in New Brunswick and she is supposed to start her study at the college in September 2021 but we are planing to get engaged by the end of September - early October, 2021 the fact that she's not going to the college could be create a problem (Specially when applying for her permanent resident or at the marriage)? I am not about her status at that time..Could it be possible that her study permit will be cancelled?

Some background:
------------------
she came her in January 2021 for university degree, since the program at the University wasn't appropriate for her she applied for a new study permit in New Brunswick this summer. we've been knowing each other since April 2021 (while she was at University).

Thank you,
Zeen

Her engagement has no bearing as you are not married or common-law. If she doesn’t start college, her permit will be cancelled. She will need to change her status to visitor and she cannot work.

 

[YVR123]

Hi Guys,

I am a Canadian citizen living in Ontario and I am planing to get engaged with an international student.

I highly appreciate if you could help me clarify some questions, she has a new study permit in New Brunswick and she is supposed to start her study at the college in September 2021 but we are planing to get engaged by the end of September - early October, 2021 the fact that she's not going to the college could be create a problem (Specially when applying for her permanent resident or at the marriage)? I am not about her status at that time..Could it be possible that her study permit will be cancelled?

Some background:
------------------
she came her in January 2021 for university degree, since the program at the University wasn't appropriate for her she applied for a new study permit in New Brunswick this summer. we've been knowing each other since April 2021 (while she was at University).

Thank you,
Zeen

Again getting egnaged does not give her any different status nor give you the ability to apply to sponsor her.

Why does she need to stop going to school? Enagement has nothing to do with going to school. You and her can be engaged and she can still continue her study. If she stops studying, her study permit will be cancelled and she will be out of status.

 

[szeen20]

uys,

I am a Canadian citizen living in Ontario and I am planing to get engaged with an international student.

I highly appreciate if you could help me clarify some questions, she has a new study permit in New Brunswick and she is supposed to start her study at the college in September 2021 but we are planing to get engaged by the end of September - early October, 2021 the fact that she's not going to the college could be create a problem (Specially when applying for her permanent resident or at the marriage)? I am not about her status at that time..Could it be possible that her study permit will be cancelled?

Again getting egnaged does give her any different status nor give you the ability to apply to sponsor her.

Why does she need to stop going to school? Enagement has nothing to do with going to school. You and her can be engaged and she can still continue her study. If she stops studying, her study permit will be cancelled and she will be out of status.

Again getting egnaged does give her any different status nor give you the ability to apply to sponsor her.

Why does she need to stop going to school? Enagement has nothing to do with going to school. You and her can be engaged and she can still continue her study. If she stops studying, her study permit will be cancelled and she will be out of status.

Sorry I meant getting married (instead getting engaged), there won't be a sense she go to New Brunswik and I live in Ottawa, so we'll planning to apply for work permit for her with the PR application. So I am afraid that she is not going to the college might affect the sponsorship application, if so what the appropriate way to do it to be safe and clear with the immigration?

 

[szeen20]

Her engagement has no bearing as you are not married or common-law. If she doesn’t start college, her permit will be cancelled. She will need to change her status to visitor and she cannot work.

Can she for instance contact the college by telling them that she cannot start the autumn session and wants to delay it until the winter 2022 session? so that will give us more time and her study permit it might not be cancelled

 

[charliem]

Can she for instance contact the college by telling them that she cannot start the autumn session and wants to delay it until the winter 2022 session? so that will give us more time and her study permit it might not be cancelled

Delaying school will also mean delaying any other immigration process for your her. IRCC wants to test her motivation for coming to Canada by checking if she will attend school at all. It will be a tricky undertaking not to attend school at all. It could mean she fails test on authenticity of the marriage you are planning.

 

[YVR123]

Can she for instance contact the college by telling them that she cannot start the autumn session and wants to delay it until the winter 2022 session? so that will give us more time and her study permit it might not be cancelled

Well, it's VERY different on getting engaged and getting married.

If you want to sponsor her after you two got married, and I think you want to apply for OWP for her? Then you need to apply inland. And to apply inland, you and her have to live together in Canada. So deferring her study after you sent in the application doesn't work.

Does she want to go to school? Can you contact her new school to see if she can study remotely for the fall session? That will give you two more time to think about how you want to proceed. (not sure about study permit when the classes are attended remotely within Canada though)

She may need to apply to extend her stay as a visitor if her current study permit will become invalid soon.

And if she has no intension of going to New Brunswik to continue her education there, may be she should cancel that study permit application.

She could stay in Ottawa and try to stay as a visitor during the PR application process. She will need to extend her status from time to time and she cannot work nor study. Is she ready to do that? Otherwise, she should look into another school in Ottawa and go from there. It's a bit late for her to change her school for fall term....

I am more familar with family sponsorship. So others will need to help on study permit application/extension...etc.

Afterall, she could be out of status during inland sponsorship BUT there is always the risk of deportation. (rare during inland sponsorship but possible)

And for both out of status and for staying as visitor, she most likely will not have any provincial healthcare coverage.

 

[szeen20]

Well, it's VERY different on getting engaged and getting married.

If you want to sponsor her after you two got married, and I think you want to apply for OWP for her? Then you need to apply inland. And to apply inland, you and her have to live together in Canada. So deferring her study after you sent in the application doesn't work.

Does she want to go to school? Can you contact her new school to see if she can study remotely for the fall session? That will give you two more time to think about how you want to proceed. (not sure about study permit when the classes are attended remotely within Canada though)

She may need to apply to extend her stay as a visitor if her current study permit will become invalid soon.

And if she has no intension of going to New Brunswik to continue her education there, may be she should cancel that study permit application.

She could stay in Ottawa and try to stay as a visitor during the PR application process. She will need to extend her status from time to time and she cannot work nor study. Is she ready to do that? Otherwise, she should look into another school in Ottawa and go from there. It's a bit late for her to change her school for fall term....

I am more familar with family sponsorship. So others will need to help on study permit application/extension...etc.

Afterall, she could be out of status during inland sponsorship BUT there is always the risk of deportation. (rare during inland sponsorship but possible)

And for both out of status and for staying as visitor, she most likely will not have any provincial healthcare coverage.

She already got the new study permit for New Brunswick so I think her previous study permit was cancelled. I think to avoid the risk she should attend the college either remotely or there.

The fact that I live in Ontario and she is currently settle in Quebec, does it matter where we do the marriage Act (Quebec or Ontario)? Matrimonial Home is in Ontario.

Thanks a lot!!

 

[armoured]

She already got the new study permit for New Brunswick so I think her previous study permit was cancelled. I think to avoid the risk she should attend the college either remotely or there.

The fact that I live in Ontario and she is currently settle in Quebec, does it matter where we do the marriage Act (Quebec or Ontario)? Matrimonial Home is in Ontario.

Thanks a lot!!

Don't think it matters where you marry - but I believe if you apply under the inland (in Canada) process, you are expected to reside together throughout the process. Do check.

 

[YVR123]

She already got the new study permit for New Brunswick so I think her previous study permit was cancelled. I think to avoid the risk she should attend the college either remotely or there.

The fact that I live in Ontario and she is currently settle in Quebec, does it matter where we do the marriage Act (Quebec or Ontario)? Matrimonial Home is in Ontario.

Thanks a lot!!

I don't know EXACTLY what matrimonial home means.

But if you plan to file inland sponsorship, you two have to live together physically. Not just using that as the address.

 

[charliem]

I don't know EXACTLY what matrimonial home means.

But if you plan to file inland sponsorship, you two have to live together physically. Not just using that as the address.

I understand back in the day when we had in-person landing interviews, word was that the sponsored spouse would be asked the kind of toothpaste (or some other domestic article) their mate uses. If they did not know, it is unlikely they had been cohabiting.

 

[canuck78]

Again getting egnaged does not give her any different status nor give you the ability to apply to sponsor her.

Why does she need to stop going to school? Enagement has nothing to do with going to school. You and her can be engaged and she can still continue her study. If she stops studying, her study permit will be cancelled and she will be out of status.

Sounds like she came in January but didn’t like the program so either withdrew or did only one semester. What did she do this summer? If she has no intention of going to UNB then she needs to withdraw so another student can take her spot. If she still wants to attend UNB you can get married and apply for outland sponsorship which will allow you to live separately. Assume that you are conservative because she lives in Quebec, you live in Ontario and you only met in April and are already getting married. Like any conservative wedding time together before the wedding is always helpful.

 

[szeen20]

Sounds like she came in January but didn’t like the program so either withdrew or did only one semester. What did she do this summer? If she has no intention of going to UNB then she needs to withdraw so another student can take her spot. If she still wants to attend UNB you can get married and apply for outland sponsorship which will allow you to live separately. Assume that you are conservative because she lives in Quebec, you live in Ontario and you only met in April and are already getting married. Like any conservative wedding time together before the wedding is always helpful.

Yes, she came in January and did only one semester then she applied for a college in NB in mean time she was working until she got the new study permit in July then she stopped working. I don't think it makes difference if we get married in August before the school? she will be out of status if she won't go to school or change here status to visitor as the guys mentioned above.

 

[canuck78]

Yes, she came in January and did only one semester then she applied for a college in NB in mean time she was working until she got the new study permit in July then she stopped working. I don't think it makes difference if we get married in August before the school? she will be out of status if she won't go to school or change here status to visitor as the guys mentioned above.

She wasn’t entitled to work as soon as she left her program with no plans of returning which is usually in April/May. What is her current status? Did she switch to visitor status after she stopped studying?