NEED REALLY URGENT HELP! WEIRD CASE OF AN INDIAN COUPLE : EXTREME CONFUSION

[Edmonton2015]

Hello all. Thanks for dropping by.

I am an 18 year old Indian girl. I'm stuck in a really stressful situation. Would really appreciate any help. I hope some of you will read this message and provide your valuable advice based on experience!

Okay, so here's how it begins. I have just graduated from high school with a 90% score. Have successfully been admitted to 4 of the highest ranked universities in Canada and have decided to pursue my 4 year undergraduate degree from a premier university in Vancouver.

I'm in a really unusual situation. I have been dating a 28 year old guy for the last 2 years. I know it can sound strange to some of you to be dating at this age in India, and the ''age gap'', but I would appreciate if we don't dig into the specifics and focus on the main problem.

Our families are completely supportive of our relationship and based on their consent, we soon plan to tie the knot.

We have been living together for most period of the last one year and have substantial evidence to prove the authenticity of our relationship. The families are ready to provide any forms of proofs to validate both our relationship as well as to act as a sponsor for our stay together in Canada.

THE SITUATION IS ABOUT THE GUY IS:

1. He completed his Class 10th in 2003 and Class 12th in 2007, with only around 50% in both of them. (PLEASE NOTE THE EXTRA TWO YEARS GAP BETWEEN THE EXAMS, IT WAS CAUSED DUE TO MEDICAL ISSUES). He pursued his Bachelors in Commerce (B.Com) from 2007-2010 with A LOW PERCENTAGE OF 47%.

2. He went on to pursue his Executive MBA (DISTANCE) from a university which is NOT VERY REPUTED IN INDIA in 2012. It is Shobhit University in Uttar Pradesh. This happened in 2012-13. He scored 69%.

3. He has been continuously working from 2011 till date, as his MBA was pursued as a Distance Course. He has experience in both social sector working for large NGOs as well as a leading national company.


1. Considering his academics, would anybody recommend him to apply for a Study Permit?
He is securing admission in 3-4 institutions in British Columbia for (PG DIPLOMA AS WELL AS MASTERS COURSES) The only problem I am facing is applying for the Study Permit as I have been continuously hearing that THERE IS NO CHANCE THE VISA OFFICER WOULD GRANT HIM VISA, BASED ON HIS POOR ACADEMIC RECORD.

2. Secondly, in case if we cancel out the student path for him, what is the other possibility for him to accompany me in Canada?
I really NEED him to be with me in Canada considering the depth of our relationship, and I would be forced to abandon my Canadian education dream in case he is not granted a Visa.

3. I have heard that Spouses or Common Law partners of International Students can apply for Spouse Open Work Permit (SOWP). Is he eligible to apply for that, considering my AGE and that I am a FIRST YEAR UNDERGRAD STUDENT? Finances are NOT A PROBLEM. He is willing to show a bank balance of 30 LACS and property worth 40 LACS.
I am showing a bank balance of around 40 LACS and a property worth 1.5 CRORE, my father being the sponsor.
We have an additional sponsorship from my sister with an income of 1 CRORE, in USD.

4. IF HE IS NOT ELIGIBLE FOR BOTH SPOUSE OPEN WORK PERMIT OR STUDY PERMIT, IS THERE ANY OTHER WAY FOR HIM ACCOMPANY ME? For e.g. on a Temporary Resident Visa (TRV), and converting it to a Student Visa?

PLEASE HELP ME OUT HERE, I'M FEELING REALLY DISTRESSED AND HOPELESS. THE FALL TERM IS APPROACHING AND I NEED TO TAKE ACTION SOON!!

Any help would be appreciated Thanks n love!

 

[scylla]

The short answer is that there is no guarantee he will be able to accompany you to Canada.

He can certainly try the study permit route. I think he has a chance of being approved if he chooses a program that makes sense in light of his previous education and work experience. Having a good IELTS score would strengthen his application.

If the study permit doesn't work out, he can apply for an open work permit based on your study permit IF you are either married or common law (i.e. have lived together for a minimum of one full year and can prove it - note that isn't not your relationship you have to prove - you have to prove that you have been living together). There is no guarantee the open work permit will be approved.

He can also apply for a TRV to visit Canada temporarily. Again, no guarantee the TRV will be approved. And no - he cannot apply for a study permit through a Canadian visa office. His study permit application needs to be sent to the visa office responsible for his home country (even if the is in Canada).

 

[Edmonton2015]

The short answer is that there is no guarantee he will be able to accompany you to Canada.

He can certainly try the study permit route. I think he has a chance of being approved if he chooses a program that makes sense in light of his previous education and work experience. Having a good IELTS score would strengthen his application.

If the study permit doesn't work out, he can apply for an open work permit based on your study permit IF you are either married or common law (i.e. have lived together for a minimum of one full year and can prove it - note that isn't not your relationship you have to prove - you have to prove that you have been living together). There is no guarantee the open work permit will be approved.

He can also apply for a TRV to visit Canada temporarily. Again, no guarantee the TRV will be approved. And no - he cannot apply for a study permit through a Canadian visa office. His study permit application needs to be sent to the visa office responsible for his home country (even if the is in Canada).

Thank you so much Scylla for your quick and detailed response. It is really soothing to see ray of hope.

I have a few more questions. Please answer if you don't mind and have the time. I'm finding it guilty to bother you with too many questions.


1. The legal age of consent in my country, India, has been pushed to 18 years. As I have mentioned earlier, I have recently turned 18. We have been cohabiting for the last 1 year. I believe that in order to be considered to be in a legitimate, common-law relationship, according to the Indian law, I should have been 18 years from the start of the 1 year period. Does it mean that I would be unable to prove the authenticity of my common law relationship and the cohabitation. The Indian law does not provide much info about the legalities of a Common Law Union and I am left to interpret the details by the CIC guidelines.

Please briefly list the evidences I could use to substantiate the genuineness of this relationship.


2. If we get married the next month i.e in June, would it allow him to apply for the SOWP for the coming intake? I personally feel that it would be difficult for us to prove our relationship to be real. The Visa Officer would suspect that we have just married for the purpose of immigration, and could raise a doubt of marriage fraud.

I have heard from many Indians that the couple has to wait for a period of ONE YEAR after their marriage before applying for SOWP. Is it true?

Please share your valuable opinion :-\

3. If he gets a TRV, how long would he be able to stay? When should we apply for the TRV? Should we opt for a single entry or multiple entry one?

I have spent all the last ounces of my energy researching about the Study Permit process. I feel really panicked when I realize that now I might have to apply for TRV, about which I know nothing. Please briefly share something that you feel I must know.

4. I have heard that spouses of international students can apply for their SOWP through an In-Land application. I know these rules keep on changing. Is there any chance for him to accompany me on tourist visa and change his status to SOWP or a Student?

I really do not wish to abandon this plan of pursuing an education from this particular university, after securing a scholarship and all. Thank you for bearing my long rant.

Look forward to hear back!

 

[excitedme]

Hi, not to sound too selfish, but this is my view:

You have an excellent profile and would be granted a study permit. Why not focus on that. Get yourself the study permit first. Besides you are not married yet.

Your husband/boyfriends profile is terrible and wouldn't want it to stand in your way.

Get your study permit. If the two of you are meant to be it will be.

Don't be stressed.

 

[Edmonton2015]

*bump* *bump*

 

[Edmonton2015]

Is there nobody that can provide any advice on this issue?

:-[ :'(

 

[Josh21]

Just my honest opinion but giving evidence of a 28 year old man living with a 17 year old for a year isnt going to help ur case at all, in all probability it will kill whichever visa application the both of you plan to apply for.

 

[Edmonton2015]

Just my honest opinion but giving evidence of a 28 year old man living with a 17 year old for a year isnt going to help ur case at all, in all probability it will kill whichever visa application the both of you plan to apply for.

I do understand your point Josh21. Acceptance rate of Spouse Open Work Permit applications from India is already quite low and considering the age difference, it is quite difficult to convince the VO.

Do you propose any alternatives?

 

[scylla]

You can certainly get married and then apply for a SOWP. However as I said before, there is no guarantee the SOWP will be approved. There is no requirement to be married for a year before you apply for a SOWP.

He can also apply for a TRV - again, no guarantee if it will be approved. How long he is actually allowed to visit Canada will be determined by the immigration officer he speaks to when he arrives in Canada. It could be six months - it could be less. He can try applying for an extension once he's in Canada as a visitor. Yet again, there is no guarantee this extension will be approved.