+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Please Confirm I've Made the Right Assumptions

ihaveseoul

Newbie
Jul 7, 2009
2
0
Background:

I am a Canadian citizen who has lived in South Korea for the last 4 and a half years. I will be returning to Canada on August 5th to prepare for the start of law school (yay!).
I intend to bring my common-law partner of 3 and a half years and her two younger sisters with me to Canada. The intention is that my common-law partner is making a permanent move while the sisters are using the opportunity to learn English and return to Korea following their studies. My common-law partner and I have submitted our application for her permanent residency and the two younger sisters have both been approved and tuition paid to educational students and have applications submitted for their Student Visas.

We have already purchased our plane tickets to Canada a long time in advance with the expectation that we'd get the paperwork away in time to not worry but due to some delays there is a *chance* that the 5th will arrive before we have the required Visas.

The timeline for normal-processing in Korea means that the two sisters have a 90% chance of receiving their visa in time (assuming normal processing times posted on Immigration Canada's site are correct and they are not refused). My partner on the other hand has just over a 50% chance of receiving her visa on time (we passed the first phase of the process on May 17th).

So here are my assumptions (assuming a worst-case scenario that any one of them do not receive their visas before the 5th):

* As South Korean residents, all of the girls qualify for Visitor's Visa to temporarily visit Canada as long as they show their willingness and capacity to return home should their visas end up being declined.
* Their approval into the country is determined at the border - meaning we cannot confirm they will get access to the country until they are standing in front of an Immigration Officer and explaining why they are seeking visiting status while waiting for their visas to be processed.
* If an interview is deemed necessary by the Canadian Consulate/Immigration Officers processing their cases in Korea that they MUST return to Korea to conduct the interview and proof of that may be necessary to showcase the Border Control Officer.
* Should their visa be denied that they will be required to return home at the immediate conclusion of their 6 month stay as per the visitor visa.
* There is no means to speed up the process outside of mentioning to the officers at the Consulate and pleading.

Any insight you can provide would be very welcome.
 

mitamata

Hero Member
Nov 21, 2008
740
11
Category........
Visa Office......
Vienna
Job Offer........
Pre-Assessed..
App. Filed.......
16-02-2009
AOR Received.
27-03-2009
Med's Done....
03-12-2008
Passport Req..
29-04-2009
VISA ISSUED...
06-05-2009
LANDED..........
27-07-2009
* South Korea is a visa exempt country, so they don't need to apply for a temp visa before coming to Canada.

* If they show up at the border with all their worldly possessions, I would be surprised if they would be allowed to enter. Since they're entering as visitors, they should be able to prove that they still live back home and preferably have ties to it, like maybe proof they own or rent a place back home, still hold a job there, have a return ticket etc.
The fact that they will most likely have a more permanent visa by the time they would have to leave Canada makes little difference to the IO at the border, they can still refuse them entry if they don't believe they intend to leave Canada when they should.

* Yes, if an interview is needed they will have to go to the visa office for it. I'm not sure what you mean by the proof part though.

* Correct. And, until they have their study visas, the sisters aren't allowed to study in Canada.

* If the process is taking longer than necessary, then you have options to try to speed it up. But from what I gather, you just misjudged how long it would take, so in that case there's very little you can do.
 

saralune

Star Member
Mar 17, 2009
174
0
Visa Office......
lima
Job Offer........
Pre-Assessed..
App. Filed.......
12-2009
Doc's Request.
11-2011
Med's Request
15-11-2011
Med's Done....
17-11-2011
Interview........
02-11-2011
Passport Req..
15-11-2011
VISA ISSUED...
09-12-2011, pick up friday !
mitamata said:
* Correct. And, until they have their study visas, the sisters aren't allowed to study in Canada.
I am not sure this is actually correct.....I knew an australian guy who did one semester of studies and did so on a visitor visa since he was here for less than 6 months total annd had no problem doing so...
 

rjessome

VIP Member
Feb 24, 2009
4,354
214
Job Offer........
Pre-Assessed..
You can do a course of study that is LESS than 6 months if you are here as a visitor. However, you cannot get a work permit (sometimes available after studies are complete if you apply for it) and if you decide to continue your studies, you have to apply for a study permit and it could be refused. But to study for less than 6 months, you can do it on a TRV. If questioned by CBSA, they like to see study permits. Can be a hassle without one.