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Question re Outland Sponsorship when on a Visitor Visa

t_topcat

Member
Sep 26, 2018
17
1
Somehow we came up with the following idea and are wondering if it is possible. I'm sure some of you will have some good advice.

My fiancé is in Nigeria and I'm in Canada. He has been rejected for a study visa (we think we put too much information in it about proving our relationship to be genuine and not enough information about how the education would apply to his business back home so the CIC said there wasn't enough certainty he'd return home after the 2 years of school). We're now applying for a visitor visa (yes, there's a big chance it could be rejected as well but we have to try)...

If the visitor visa is granted, is the following possible:
- he comes over to visit before Christmas and stays until end of January (I think 4-6 weeks should be an acceptable period of time to request for a visitor visa? thoughts?)
- in order to keep the option for appeal open for spousal sponsorship, we fly to Barbados during his visit to Canada and get married there (he doesn't need a visa to get into Barbados). Question: does a visitor visa to Canada allow him in/out freedom to leave the country and come back in or is it a one time entry?
- we fly back to Canada and apply for Outland spousal sponsorship (because we got married overseas)
- and more questions 1) can he apply to extend the visitor visa and stay in Canada until the outland spousal sponsorship decision is made? or 2) would he have to go back to Nigeria until the decision is made (and would the interview take place there because that's where he lives?)

If possible, this seems to be a good option rather than risk getting married in Canada on a visitor visa and getting a rejection that we can't appeal.

I hope this all makes sense :)
I appreciate your thoughts!
 

crystarclear

Star Member
Oct 2, 2017
179
113
Alberta
Category........
FAM
App. Filed.......
09-12-2017
Doc's Request.
26-01-2018
AOR Received.
24-01-2018
LANDED..........
06-11-2018
Somehow we came up with the following idea and are wondering if it is possible. I'm sure some of you will have some good advice.

My fiancé is in Nigeria and I'm in Canada. He has been rejected for a study visa (we think we put too much information in it about proving our relationship to be genuine and not enough information about how the education would apply to his business back home so the CIC said there wasn't enough certainty he'd return home after the 2 years of school). We're now applying for a visitor visa (yes, there's a big chance it could be rejected as well but we have to try)...

If the visitor visa is granted, is the following possible:
- he comes over to visit before Christmas and stays until end of January (I think 4-6 weeks should be an acceptable period of time to request for a visitor visa? thoughts?)
- in order to keep the option for appeal open for spousal sponsorship, we fly to Barbados during his visit to Canada and get married there (he doesn't need a visa to get into Barbados). Question: does a visitor visa to Canada allow him in/out freedom to leave the country and come back in or is it a one time entry?
- we fly back to Canada and apply for Outland spousal sponsorship (because we got married overseas)
- and more questions 1) can he apply to extend the visitor visa and stay in Canada until the outland spousal sponsorship decision is made? or 2) would he have to go back to Nigeria until the decision is made (and would the interview take place there because that's where he lives?)

If possible, this seems to be a good option rather than risk getting married in Canada on a visitor visa and getting a rejection that we can't appeal.

I hope this all makes sense :)
I appreciate your thoughts!
1. I believe 2-3 weeks is more ideal. Short vacation would help convince that he is a genuine tourist.

2. Doesn’t matter where you will get married. The thing is when you apply for in-land sponsorship, he has to be in Canada. He even can apply an outland sponsorship even he is inside Canada.

3. It depends, he can be granted a single entry or multiple entry visa to Canada. It’s upon the discretion of the officer if he’ll let your boyfriend into the country. Just don’t overshare details that he has an intention to be sponsored. Although dual intent is accepted. But then again, it’s better to be safe.

4. Yes, it’s actually recommended to apply for visitor extension when applying for sponsorship as well. It helps maintain his legal status in Canada. Just have to reason out that you have a pending PR application.
 
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scylla

VIP Member
Jun 8, 2010
95,810
22,089
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
Somehow we came up with the following idea and are wondering if it is possible. I'm sure some of you will have some good advice.

My fiancé is in Nigeria and I'm in Canada. He has been rejected for a study visa (we think we put too much information in it about proving our relationship to be genuine and not enough information about how the education would apply to his business back home so the CIC said there wasn't enough certainty he'd return home after the 2 years of school). We're now applying for a visitor visa (yes, there's a big chance it could be rejected as well but we have to try)...

If the visitor visa is granted, is the following possible:
- he comes over to visit before Christmas and stays until end of January (I think 4-6 weeks should be an acceptable period of time to request for a visitor visa? thoughts?)
- in order to keep the option for appeal open for spousal sponsorship, we fly to Barbados during his visit to Canada and get married there (he doesn't need a visa to get into Barbados). Question: does a visitor visa to Canada allow him in/out freedom to leave the country and come back in or is it a one time entry?
- we fly back to Canada and apply for Outland spousal sponsorship (because we got married overseas)
- and more questions 1) can he apply to extend the visitor visa and stay in Canada until the outland spousal sponsorship decision is made? or 2) would he have to go back to Nigeria until the decision is made (and would the interview take place there because that's where he lives?)

If possible, this seems to be a good option rather than risk getting married in Canada on a visitor visa and getting a rejection that we can't appeal.

I hope this all makes sense :)
I appreciate your thoughts!
A couple of things to consider. First of all, you should assume an interview will be required in your case. If an interview is required, it will be held in Nigeria and he will be required to attend the interview in person. Secondly, as you know, it's almost certain the TRV is going to be refused. Too many temporary visa refusals can be regarded as a red flag in a PR sponsorship application. You've got a number of red flags already and his study visa has already been refused, so it's important to be aware of how the refusals may be interpreted / perceived by IRCC (basically that the applicant will try anything possible to get to Canada and this is their primary motive above all else - which then casts doubt on whether the marriage is genuine from his end).

EDIT: Agreed with the advice you've been given above about the length of the trip. If you are going to apply for a TRV, 4-6 weeks is far too long and demonstrates a lack of ties to the home country (people with strong ties generally cannot take vacations this long). Request 2 weeks.
 
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