OK, is PMM there?

[toby]

Hi PMM.

I originally addressed these questions to IMMOfficer, since he has actual hands-on experience. I might just as well have addressed them to you, but did not want to overburden you. However, IMMOfficer seems to "have left the building", and so I am hoping you will give me some guidance.

I am a Canadian citizen living with my Chinese wife in Zhuhai, China.
Each year we'd like to spend about half our time in Canada (where my family lives), and half the time in Canada (where her family lives).

We have been putting together an application for permanent residency for her. But as we read about the difficulties of getting approval, and the time delays for processing, I begin to wonder whether it might be wiser to apply each year for a tourist visa for my wife.

I left Canada for Costa Rica in 2003, and would be re-establishing residence in Canada if we went for a permanent residency visa, or residence in China if we opted for tourist visas.

So, the questions:

#1 Would she get a tourist visa more easily if we bought a house here in China, and she had her name on the house deed? Currently we are renting.

#2 Will the fact that she was denied a student visa in 2008 complicate her applications for a tourist visa? She was denied the student visa for lack of sufficient evidence she would return to China at the end of her studies. At that time we were not married; we are now. Evidence of our life in China would be a rental lease, bank accounts here, but not much else. (This underlines the importance of question #1)



#3 The TRV application form mentions a return plane ticket as one proof of intent to return to China. But this is an expensive (or at least inconvenient) shot in the dark. First, we must buy a refundable ticket (more expensive than a non-refundable one), because many things could go wrong. The visa could be denied, or given for 2 months while we bought a 3-month ticket.
So, how important is an actual ticket? Could we attach instead a confirmation of the ticket, without actually going one step further and buying it?

Finally, a general question. How on earth do people who stay in Canada illegally manage? Surely they need documents, need money, need a bank account, need to rent a car, etc etc. – all of this requiring documentation not available to an illegal. It is a world that must be horrible. Comments?

 

[PMM]

Hi

Hi PMM.

I originally addressed these questions to IMMOfficer, since he has actual hands-on experience. I might just as well have addressed them to you, but did not want to overburden you. However, IMMOfficer seems to "have left the building", and so I am hoping you will give me some guidance.

I am a Canadian citizen living with my Chinese wife in Zhuhai, China.
Each year we'd like to spend about half our time in Canada (where my family lives), and half the time in Canada (where her family lives).

We have been putting together an application for permanent residency for her. But as we read about the difficulties of getting approval, and the time delays for processing, I begin to wonder whether it might be wiser to apply each year for a tourist visa for my wife.

I left Canada for Costa Rica in 2003, and would be re-establishing residence in Canada if we went for a permanent residency visa, or residence in China if we opted for tourist visas.

So, the questions:

#1 Would she get a tourist visa more easily if we bought a house here in China, and she had her name on the house deed? Currently we are renting.

Not necessarily, it depends on what your status is in China. If you have residency and a job it would show that you have ties to China

#2 Will the fact that she was denied a student visa in 2008 complicate her applications for a tourist visa? She was denied the student visa for lack of sufficient evidence she would return to China at the end of her studies. At that time we were not married; we are now. Evidence of our life in China would be a rental lease, bank accounts here, but not much else. (This underlines the importance of question #1)

Yes, but as long as she declares it (they already know) it won't be much of a factor in the application. What will be the kicker is CHC/CIC is going to enquire how the two of you can spend 6 months of the year in each country. The only way would be if you are independently wealthy and don't need to work. What would probably work in your favour is if you submitted a sponsorship/application for her with proof of your intention to re-establish yourself in Canada. Once she is issued a PR visa (COPR) and lands, if the two of you decide to return to China, she would maintain her PR status as accompanying a Canadian citizen abroad.



#3 The TRV application form mentions a return plane ticket as one proof of intent to return to China. But this is an expensive (or at least inconvenient) shot in the dark. First, we must buy a refundable ticket (more expensive than a non-refundable one), because many things could go wrong. The visa could be denied, or given for 2 months while we bought a 3-month ticket.
So, how important is an actual ticket? Could we attach instead a confirmation of the ticket, without actually going one step further and buying it?

Most applicant don't purchase the ticket the submit a confirmation as they don't know if they will get their TRV.

Finally, a general question. How on earth do people who stay in Canada illegally manage? Surely they need documents, need money, need a bank account, need to rent a car, etc etc. – all of this requiring documentation not available to an illegal. It is a world that must be horrible. Comments?

Fairly easily, but most don't buy cars, work under the table or with someone elses SIN. They spend a lot of their time looking over the shoulders as someone may turn them in, Get stopped by police who are suspicious and call Immigration. With the ethnic communities in Canada a person can "hide" there, but someone will put their hooks in. Pay them less than the going wage, or fail to pay them. Not a nice life. Those that were smuggled in (1999 boats are an example) one of the persons on that boat was found to be a refugee, and has been living legally in Canada the past 10 years, just finally paid off the snakeheads who arranged to smuggle him to Canada. The snakeheads were threatening his family in Fujian unless he kept paying.

PMM

 

[Acute.carenurse]

Open Work/Study/Visitor visa categories

Hi PMM,
First and foremost thank you for the opportunity. i need your direct guidance on the status of my familys entry into canada. i am a nurse from the philippines arrived on March 30, 2009 with a work permit expiry on the 30th of March 2010 as well. i am guaranteed a permanent full time job under our region in the Hospital and had provided us with the updated LMOs and the certification of employment needed to renew my work permit. i have a rent to own 4 bedroom house big enough to accomodate my family when they arrive though i need some serious clarifications or suggestions on the following queries:

1. Under my category, my wife can apply for open work permit outright and have prepared the necessary documents and all are ready except for the payment which i will do online via MC.question is, would the visa or permit affect her application for entry when she just had delivered our baby 5 months ago? since her entry visa is open work permit wouldnt she be questioned how she can find work when she has a baby to care for?

a. do we need to include a nanny or sister to care for the baby?
b. granting a sister will accompany us, will she be filing for visitor visa and not work visa?

2. My 2 kids 7 year old and 4 year old are coming under student permit. they have acceptance and registration letters with the Saskatchewan Rivers education department and are given the go signal to enroll for this fall however they havent arrived yet would this affect their student permit application?

3. Would my baby be under visitor visa category? if so on average how many months would he be in canada up to the time of renewal?

4. is it necessary for us to have money in my canadian bank account? if so how much?

5. Where would we submit our papers in Philippines or Canada(Vegreville)? as ive learned it should be at country of origin.

Your kindest timely response will be greatly appreciated.

Acute care Nurse

 

[toby]

Thanks, PMM. TO clarifiy a bit, I do live off my offshore investments, so don’t have a job in China, nor any particular ties to China. The trouble is, neither does Mengling have ties to China apart from her family and friends here (we live in Zhuhai presently). Lack of ties drawing her back to China appeared to be the reason Canada denied her a student visa.

So, IF we were going to apply for a temporary visa, and not permanent residency, would her owning a house in China tip the balance in her favour, or at least help? In her application for a student visa, she had sufficient financial resources, including a decent bank account; pre-paid tuition and living expenses; and even a job offer in China when she returned. Denied!! Man, these Immigration Officer have a lot of power!

About the only tie to China I can think of, that she did not have, is a house.

I take your point about getting permanent residency; this inquiry about a house and temporary visa is to investigate a fall-back plan.

But staying on the idea of permanent residency for a minute, I want to understand you clearly when you say: “if the two of you decide to return to China, she would maintain her PR status as accompanying a Canadian citizen abroad.”

Do you mean that if my wife got Permanent Residency, and we spent 6 months of each year in China, not by necessity but by choice, do those 6 months count toward her residency quota (4.8 months per year on average) as well as the 6 months in Canada? I am Canadian by descent, but thought my absence from Canada had to be for job reasons for the time to count in my wife’s favour.

As usual, thanks for your astute help.

 

[PMM]

Hi

Thanks, PMM. TO clarifiy a bit, I do live off my offshore investments, so don't have a job in China, nor any particular ties to China. The trouble is, neither does Mengling have ties to China apart from her family and friends here (we live in Zhuhai presently). Lack of ties drawing her back to China appeared to be the reason Canada denied her a student visa.

So, IF we were going to apply for a temporary visa, and not permanent residency, would her owning a house in China tip the balance in her favour, or at least help? In her application for a student visa, she had sufficient financial resources, including a decent bank account; pre-paid tuition and living expenses; and even a job offer in China when she returned. Denied!! Man, these Immigration Officer have a lot of power!

About the only tie to China I can think of, that she did not have, is a house.

I take your point about getting permanent residency; this inquiry about a house and temporary visa is to investigate a fall-back plan.

But staying on the idea of permanent residency for a minute, I want to understand you clearly when you say: “if the two of you decide to return to China, she would maintain her PR status as accompanying a Canadian citizen abroad.”

Do you mean that if my wife got Permanent Residency, and we spent 6 months of each year in China, not by necessity but by choice, do those 6 months count toward her residency quota (4.8 months per year on average) as well as the 6 months in Canada? I am Canadian by descent, but thought my absence from Canada had to be for job reasons for the time to count in my wife's favour.

As usual, thanks for your astute help.

1. The house would be a factor, but not a large one. They know that she has a Canadian spouse so they are always going to think that her primary reason to go to Canada is to remain permanently.
2. Yes, a permanent resident accompanying a spouse abroad maintains their PR status. The time abroad doesn't count towards citizenship, but is considered residency for maintaining permanent residence status.
3. Remember if you go the PR sponsorship route, you must demonstrate to CIC/CHC concrete plans for re-establishing yourself in Canada. House/Apt rental study, work etc.

PMM

 

[toby]

Thanks so much for your insight, PMM.

If we opt for a permanent residency application, I can show CIC a pre-signed apartment lease in Canada (July 2010-June 2011), and show them a three-year lease renting my place in Costa Rica (after trying in vain to sell it in a poor housing market). I hope that will convince CIC of my intent to reside in Canada. If not, not much else I can say.


If we opt for serial tourist visas, I simply don't know what it will take to convince CIC that Mengling will not want stay in Canada permanently. When she applied for her student visa, we weren't married, so CIC did not have our marriage as reason to doubt her intent to return to China. She had every other tie to China except the house, and still was denied.

So, if buying a house will not be a strong factor, I won't bother buying (unless I find a great deal. In this alone your advice has been very useful. Thanks.)

Instead, I'll just sign leases and attach them to the tourist-visa application.

Maybe I should mention that if Mengling and I resided in Canada, even with her being illicit, I would have to become a taxpayer again, so this would be a motive for our not staying permanently in Canada? Or will CIC focus solely on Mengling's situation?