Sponsor girlfriend who is currently holding Student Visa in Canada

[vcn310]

Hi everyone,

My girlfriend and I are planing to live together in an apartment in December 2014. She came to Canada in 8/2012 with a Student Visa which is going to expire in 8/2016.
Right now I am an international recent graduate who is currently working for my professor at university as a research assistant. If everything is okay, I am going to receive PR around November 2015~May 2016 hopefully.
So as long as I have PR status, I plan to sponsor my girlfriend as a common-law partner because we decide not to get married in near future. At time time, we would be probably already living together more than 1 year, so I think we are eligible to apply the Sponsor for Common-law Partner Within Canada (please correct me if I am wrong here, thanks).
The issue is that my girlfriend has stopped studying in January 2013 because it was very difficult for her to adapt the academic environment in Canada due to her limited English skills. So she decided to stop school, and stayed at home to take care of 3 children of her aunt. In the summers, she also helped her aunt do stuffs in their hair-salon. So what I try to mention here is that she is no longer a student right now.
So my question is that is is illegal for us to apply for the Sponsor in June 2016? I am very afraid that we would be rejected because she has stopped studying for a long time. I want her to stay with me in Canada, and I don't want her to come back our country when her student visa expires in August 2016.

Please help us!
Thank you!

 

[Rob_TO]

Right now I am an international recent graduate who is currently working for my professor at university as a research assistant. If everything is okay, I am going to receive PR around November 2015~May 2016 hopefully.

If you start living together Dec 2014, you will become officially common-law in Dec 2015. If at that time you currently have an application in progress for your own PR, you will need to add your common-law spouse to that app, and you would get PR together.

If you get PR before Dec 2015, then you would land as "single" for your own PR and would need to sponsor your common-law spouse in a separate application.

The issue is that my girlfriend has stopped studying in January 2013 because it was very difficult for her to adapt the academic environment in Canada due to her limited English skills.

If she stopped going to school and stopped paying tuition, I believe her study permit may no longer be valid. If the school lets CIC know, they could move to revoke the study visa and ask her to leave Canada. I'm not sure the actual procedures here though.

So she decided to stop school, and stayed at home to take care of 3 children of her aunt. In the summers, she also helped her aunt do stuffs in their hair-salon.

If she doesn't have a work permit then doing any work, even if free for a family member, could be considered illegal.

 

[scylla]

Correct - her study permit is no longer valid and she consequently has no status in Canada (study permits now become invalid if someone stops attending school for more than 90 days). So it doesn't matter when her study permit was supposed to expire since she has invalidated it by stopping her studies. The illegal work makes her situation even more problematic. Agreed that going home asap is her best option. CIC is now cracking down on students who stop attending school. If she's forced to leave Canada and possibly given a ban for the illegal work - this will make any future sponsorship even more difficult and increase the chances that CIC believes this is a marriage of convenience (i.e. she's trying any means possible to remain in Canada).

 

[vcn310]

Whatever she is doing right now, everything illegal.
1. She came here to study, but after 4 months she stopped studying. In fact study wasn't her goal at all. Long story short, She Came as student, she stopped studying, so she should go back right way in January 2013.
2. She is working illegally here. She is working at her aunt saloon. I bet she receive cash or nothing or exchange of living and food.

Now question is , what kind of status she is holding? She might be holding student visa, but not going to school. When you will apply for her as PR, then CIC need 10 years background for her, where she have to mention every single day she lived in Canada with status. If she put Jan2013-XXX as student then she has to prove where she study. You might be in trouble too money wise and immigration wise.

Its better for her to go back. Please dont say, she has life threatening if she go back.

Thanks for help!
Studying was actually her goal when she came in Canada.
She just didn't imagine the difficulties of taking courses in English. She felt stress so bad, and she decided to quit university for not to wasting more money, time, and effort.
She didn't come back home at that time because she loves Canada society and people here. Also at time time, her aunt gave birth her 3rd child. They coudn't find someone to take care of her children, so she decided to help them to do that. She didn't officially help her aunt as a worker, just volunteer do small things like chores and receive no cash. She simply thought that as long as the visa hasn't expire, she was still able to stay in Canada legally.
She also planed to register to a 2-year program college, but taking care of children took most of her energies. But she hope someday she could go back school because she is studying English everyday.

About the visa status, she hasn't heard anything from the CIC, so we assume her status won't change until 8/2016

If you start living together Dec 2014, you will become officially common-law in Dec 2015. If at that time you currently have an application in progress for your own PR, you will need to add your common-law spouse to that app, and you would get PR together.

If you get PR before Dec 2015, then you would land as "single" for your own PR and would need to sponsor your common-law spouse in a separate application.

Thanks for help!
That was actually my first plan to register her as common-law partner at the time I apply for my PR. But when I consider her complicated case, I was afraid she would be rejected which leads to the rejection of MY PR application. So I prefer to apply 2 PR for us separately (mine is CEC or PNP, and her is Sponsorship).

If she stopped going to school and stopped paying tuition, I believe her study permit may no longer be valid. If the school lets CIC know, they could move to revoke the study visa and ask her to leave Canada. I'm not sure the actual procedures here though.

She hasn't heard anything from the CIC. At the time she stopped school, I assumed that CIC still didn't enforce the rule of revoking study visa in this case.

If she doesn't have a work permit then doing any work, even if free for a family member, could be considered illegal.

She doesn't have a work permit she volunteer to help them to do chores/take care of children and receive no money.

Correct - her study permit is no longer valid and she consequently has no status in Canada (study permits now become invalid if someone stops attending school for more than 90 days). So it doesn't matter when her study permit was supposed to expire since she has invalidated it by stopping her studies. The illegal work makes her situation even more problematic. Agreed that going home asap is her best option. CIC is now cracking down on students who stop attending school. If she's forced to leave Canada and possibly given a ban for the illegal work - this will make any future sponsorship even more difficult and increase the chances that CIC believes this is a marriage of convenience (i.e. she's trying any means possible to remain in Canada).

Thanks for help!
We actually love to each other, and this is not a false marriage.
Even though I become a Permanent Resident/got successfully Bachelor degree with first-class standing/ work in an academic environment as research assistant in university/ have a good job-salary/ pay taxes for government, I am still not able to keep my lover stay with me in Canada? If not, Canada government is so cruel to separate us.

 

[rhcohen2014]

She hasn't heard anything from the CIC. At the time she stopped school, I assumed that CIC still didn't enforce the rule of revoking study visa in this case.She doesn't have a work permit she volunteer to help them to do chores/take care of children and receive no money.

it doesn't matter. in the eyes of the canadian government, if someone in canada as a visitor or student does ANY work that a canadian can be hired to do, that is considered working illegally. Technically, your gf's family is getting out of hiring a canadian to watch their children or paying a canadian daycare to do the same so that they can get free childcare. The only way a volunteer job is considered truly volunteer is if no other person in canada is paid to do the same job, or the position is marketed to the public as "volunteer".

Even though I become a Permanent Resident/got successfully Bachelor degree with first-class standing/ work in an academic environment as research assistant in university/ have a good job-salary/ pay taxes for government, I am still not able to keep my lover stay with me in Canada? If not, Canada government is so cruel to separate us.

yes, this is exactly how it works. there are many many many families currently living apart for months/years until the spouse is approved as a pr and can freely live and work in canada. while you may believe it's "cruel" it is the reality of the situation, and done for a reason. Canada has the right to protect it's borders and people from those who may be trying to come to canada for non-legitimate reasons. unfortunately, many honest, hardworking people have to endure the system because of some bad people who've succeeded in cheating the government in the past. Your gf was given the right to go to school in canada. She now needs approval to stay as a visitor, worker, or pr in order to maintain the right to stay in canada.

 

[Rob_TO]

That was actually my first plan to register her as common-law partner at the time I apply for my PR.

This is not your choice to do. You must apply by the rules.
If you have lived together 12 consecutive months, you are common-law and you MUST include her in your own PR app. To not do so, would be misrepresentation/fraud.
If you haven't lived together 12 months, then you aren't common-law yet. But you must update CIC immediately upon becoming common-law, if your app is still processing. Again to not inform them, would be fraud.

She doesn't have a work permit she volunteer to help them to do chores/take care of children and receive no money.

Even if she receives no money, it can still be seen as working illegally. Especially if it's at a retail store.

I am still not able to keep my lover stay with me in Canada? If not, Canada government is so cruel to separate us.

If you love her so much, you should get married and then you would be eligible to apply for a work permit for her, or inland family sponsorship after you get PR.

Canada does not let girlfriends/boyfriends have any special privilege to stay here, and nor should they. Only spouses and common-law partners.

 

[scylla]

It doesn't matter that she's not being paid. What she is doing is still illegal work from CIC's perspective. If someone is doing work that people are normally paid to do (e.g. taking care of children, working in a salon) - it's still illegal work even if that person isn't being paid (i.e. is a volunteer).

It's her responsibility to keep herself in status (no CIC's). Again, the fact she has stopped studying has invalidated her study permit. If and when she does hear from CIC, she should expect they will be telling her that she needs to leave Canada immediately. CIC can chose to invoke the rule at any time. Just because she hasn't been caught yet doesn't mean she won't be.

We are not questioning whether your relationship is genuine - just explaining what challenges you may face with CIC. From a CIC perspective she has now been in Canada illegally for quite some time now and is engaged in illegal work.

The Canadian government isn't cruel. The issue is that your girlfriend has broken the law by stopping her studies and engaging in illegal work - and therefore violated the terms of her study permit. If she had remain in school or switched to a more suitable program and continued studying full time - there would be no issue. She has created a big problem for herself. Sorry to be blunt - but that's the reality.

 

[vcn310]

Thank you guys for much for comprehensive responses! It is very helpful and painful to know these bitter facts.

Do you have any suggestion to fix her situation or to make everything less worse? My only thought right now is that after we move in the apartment, I would ask her to register for a 2-year full-time college program. Will it help anything? Please enlighten me.

If your GF get caught, her aunt should get caught to. Her aunt literally took advantages of a poor girl. Her aunt knew she is living illegally here so she is venerable to work for her aunt. 3 kids childcare almost 1800-2400. thats lot of money per month. Her aunt probably gave her a room to stay and some food. worth 400-500$/month. She also made her to work for the house and to work for the saloon. I am not sure, what kind of aunt she is. If you love her gf too much, I would suggest get the aunt first. Sue her aunt. She is a canadian citizen and she knows the law. There are so many people in canada taking advantages of illegal immigrants as well.

Exactly, that's what I think. They have been using my girlfriend for a long time to save as many as pennies as possible. That's why we are thinking about move out to live together in an apartment.

 

[missmatalini]

Situations like this is what ruins it for the people that are being honest and doing it the right way :-[

 

[scylla]

Thank you guys for much for comprehensive responses! It is very helpful and painful to know these bitter facts.

Do you have any suggestion to fix her situation or to make everything less worse? My only thought right now is that after we move in the apartment, I would ask her to register for a 2-year full-time college program. Will it help anything? Please enlighten me.

Exactly, that's what I think. They have been using my girlfriend for a long time to save as many as pennies as possible. That's why we are thinking about move out to live together in an apartment.

Registering for a 2 year full time college program won't work because your girlfriend has been out of school for so long. If she wants to restore her status (i.e. become legal in Canada again), her only option right now is to leave Canada and apply for some kind of visa once she's back in her home country. The only alternative she has is to remain in Canada illegally until you are ready to include her in your application. Of course it's entirely possible CIC will catch up to her by then.

 

[Rob_TO]

Do you have any suggestion to fix her situation or to make everything less worse?

Yes, she should leave Canada immediately and try to get a new permit/visa while in her home country. The longer she stays here, the more likely it is she'll be caught.

 

[mikeymyke]

Also, I think the longer she stays here illegally, the harder it will be for you to sponsor, because the VO will think because she stayed here illegally here for so long, that means she wants to live here really bad, and is using you as a way to stay here, whether she's really in love with you or not.

Its one thing to overstay for a month or two, but she's lived here (and worked here) illegally for 18 months. That will likely raise some red flags with the VO. This will be compounded more by the fact that when you guys plan to apply for common law, she will have overstayed for almost 3 years, and this will not go over well with the VO.

You also have to understand something else. Many people here have a very difficult time getting approved for a student visa here, as the tuition is far higher, and most people come from less well off countries, and a lot of them want to come here to LEGITIMATELY pursue an education. What your girlfriend is doing is damaging in two ways: she's working illegally and is not attending school. If she really can't handle the studies, she should've maybe applied for English classes or return home and apply later when she's more confident. If after she drops out and likes Canada and the people here, she should explore ways to legitimately come here, including possibly marrying you.

She should not be doing what she's doing now, it just smacks in the face of the thousands of people who struggle to come here and playing by the rules, and also what she's doing is only hurting her chances of coming here more and more, and I'm kind of surprised her aunt is just using her as a sort of "free babysitter" and working in her salon without a work permit, she should be telling her to obey the rules and go home or switch to English studies. Because there are so many cases like your g/f, that's why aspiring students have a hard time coming here. I'd be more sympathetic if it was just a few months overstay and she was overwhelmed and needed some time to get her head straight, but she's overstayed for 18 MONTHS! So I guess she plans on staying here until Dec 2015 so that you guys become common law? So she plans to overstay here for 34 MONTHS total? That's almost 3 YEARS!

Sorry for my rant, I wish you and your g/f the best of luck.