Sponsor (potential) wife from Hong Kong

[Paperball]

Hi all, I've been lurking here for the past couple of months.

I'm thinking of marrying my girlfriend who is from Hong Kong. She's currently here in Canada on an post grad open work permit that will expire soon. We're both 24 years of age, and have similar background and speak the same languages. We've dated for about a year.

Would it make more sense to apply in HK or do an inland sponsorship? In HK it would take 16 months right now in total, while here it would take about 18 months. While time apart sucks, I'd rather wait 16 months (and save up more money for a house!) than have her in limbo on an inland sponsorship that can't be appealed. I know the advantage is that she can get an open work permit on an inland sponsorship, and possibly even maintain her existing open work permit on implied status.

I just have some concerns that it might look like a marriage of convenience because we didn't date for very long, and while I think she is the one, we probably wouldn't have married this quickly otherwise.

This forum has a lot of useful resources, and I thank everyone for their contributions!

 

[nb8285]

you should definitely apply in HK and not from within Canada.

Even if her permit expires and she has to go back, she can always come back as "tourist" - it's especially easy seeing as HK citizens do not need a tourist visa to enter Canada.

 

[Paperball]

you should definitely apply in HK and not from within Canada.

Even if her permit expires and she has to go back, she can always come back as "tourist" - it's especially easy seeing as HK citizens do not need a tourist visa to enter Canada.

This is what I was leaning towards. But I've just read a lot of nightmare stories about the consulate in HK.

Do they consider HK permanent residents different than mainlanders (some of which also apply in HK) in applications?
She holds HKSAR and BNO passports.

 

[rjessome]

Hi all, I've been lurking here for the past couple of months.

I'm thinking of marrying my girlfriend who is from Hong Kong. She's currently here in Canada on an post grad open work permit that will expire soon. We're both 24 years of age, and have similar background and speak the same languages. We've dated for about a year.

Would it make more sense to apply in HK or do an inland sponsorship? In HK it would take 16 months right now in total, while here it would take about 18 months. While time apart sucks, I'd rather wait 16 months (and save up more money for a house!) than have her in limbo on an inland sponsorship that can't be appealed. I know the advantage is that she can get an open work permit on an inland sponsorship, and possibly even maintain her existing open work permit on implied status.

I just have some concerns that it might look like a marriage of convenience because we didn't date for very long, and while I think she is the one, we probably wouldn't have married this quickly otherwise.

This forum has a lot of useful resources, and I thank everyone for their contributions!

Actually, you might want to consider Buffalo. I'm assuming she was legally admitted for one year on her initial permit so Buffalo is an option for you. She doesn't have to leave if you apply overseas. But she would need to maintain legal status in Canada.

 

[Paperball]

Actually, you might want to consider Buffalo. I'm assuming she was legally admitted for one year on her initial permit so Buffalo is an option for you. She doesn't have to leave if you apply overseas. But she would need to maintain legal status in Canada.

That's what I had thought of, but it takes almost as long as in Buffalo. Plus she'd need a US visa to go to a potential interview, which I think would add a layer of complexity.

She had left during her work permit (to go back to HK for a year) and came back when there was less than a year. But originally the permit was originally for 3 years.

If she didn't just leave her job arbitrarily she would've already had PR through the Canadian Experience class! I was shocked when she said she didn't consider that.

 

[rjessome]

That's what I had thought of, but it takes almost as long as in Buffalo. Plus she'd need a US visa to go to a potential interview, which I think would add a layer of complexity.

She had left during her work permit (to go back to HK for a year) and came back when there was less than a year. But originally the permit was originally for 3 years.

If she didn't just leave her job arbitrarily she would've already had PR through the Canadian Experience class! I was shocked when she said she didn't consider that.

MOST applications processed through Buffalo are much faster than the posted times. Take a look at the Buffalo thread. It averages about 5 to 6 months. If the application is well prepared, there may not be a need for an interview. Also, she could apply for a US visa now if she still has a year left on her PGWP. Typically (not always), visitor visas to the US are granted for 10 years. Maybe she wants to go shopping at the outlet malls!

 

[toby]

There is a world of difference between the way Canada treats Hong Kong residents (respectfully) and those from mainland China (suspiciously).

If you are concerned about marrying too soon, why not wait 6 months? Then apply inland -- so that you can be together. The HK Consulate is overwhelmed with applications, and processing times are likely to become longer.

Here's a question for experts. If your wife applies for PR inland, does that affect her ability to visit Hong Kong? Normally she gets an automatic visa into Canada, but would she have to declare her PR application in progress, and might that cause a border officer to deny her entry into Canada?

 

[rjessome]

There is a world of difference between the way Canada treats Hong Kong residents (respectfully) and those from mainland China (suspiciously).

If you are concerned about marrying too soon, why not wait 6 months? Then apply inland -- so that you can be together. The HK Consulate is overwhelmed with applications, and processing times are likely to become longer.

Here's a question for experts. If your wife applies for PR inland, does that affect her ability to visit Hong Kong? Normally she gets an automatic visa into Canada, but would she have to declare her PR application in progress, and might that cause a border officer to deny her entry into Canada?

When does she get an automatic visa to Canada? Not while the inland application is being processed. One of the things that is HIGHLY recommended if you choose to proceed inland is to NOT leave Canada during the process.

Even if the OP decided to wait for six month before getting married (good idea - one must be as sure as possible about these things) I would still recommend an overseas application over inland. There is no right of appeal inland and no guarantee of AIP. And since she's on a PGWP, if she's working in a skilled position, she may have the opportunity to get a work permit after the PGWP expires if her employer wanted to support an LMO application.

Paperball, what province are you living in? You should also check to see if a Provincial Nominee program might suit her.

 

[Paperball]

MOST applications processed through Buffalo are much faster than the posted times. Take a look at the Buffalo thread. It averages about 5 to 6 months. If the application is well prepared, there may not be a need for an interview. Also, she could apply for a US visa now if she still has a year left on her PGWP. Typically (not always), visitor visas to the US are granted for 10 years. Maybe she wants to go shopping at the outlet malls!

She has about 3 months left, and has no job, she had attempted to find a job on her "return" so to speak, that didn't work out. It's a long story, but it is what it is now.

There is a world of difference between the way Canada treats Hong Kong residents (respectfully) and those from mainland China (suspiciously).

If you are concerned about marrying too soon, why not wait 6 months? Then apply inland -- so that you can be together. The HK Consulate is overwhelmed with applications, and processing times are likely to become longer.

Here's a question for experts. If your wife applies for PR inland, does that affect her ability to visit Hong Kong? Normally she gets an automatic visa into Canada, but would she have to declare her PR application in progress, and might that cause a border officer to deny her entry into Canada?

I believe the risk is if you do an inland application, you probably should not leave Canada or you can run into problems. And also from what I have read you cannot appeal. She is not concerned about having to visit Hong Kong (she wouldn't totally mind staying here), but I'm just worried about potential problems with an inland application.

Toby, is your spouse from the mainland? I'm just curious because I've read a few of your posts, and you seem to have a lot of trouble unfortunately.

When does she get an automatic visa to Canada? Not while the inland application is being processed. One of the things that is HIGHLY recommended if you choose to proceed inland is to NOT leave Canada during the process.

Even if the OP decided to wait for six month before getting married (good idea - one must be as sure as possible about these things) I would still recommend an overseas application over inland. There is no right of appeal inland and no guarantee of AIP. And since she's on a PGWP, if she's working in a skilled position, she may have the opportunity to get a work permit after the PGWP expires if her employer wanted to support an LMO application.

Paperball, what province are you living in? You should also check to see if a Provincial Nominee program might suit her.

The problem is she can't find a job and get a LMO. She hasn't been working since while came back, while having 6 months left on the PGWP.

I'm living in Ontario, but again the PNP for Ontario is pretty much the same idea as a LMO, and there just isn't any time.

 

[Paperball]

Based on what I said, does it seem like there would be major red flags?

I mean, if she really wanted to live in Canada, she would not have left in the first place when she didn't have to, and would've got PR. She mainly came back for me this time.

 

[fleo]

It's too bad her PGWP is expiring so shortly, otherwise it would have made sense for you guys to apply inland, submit an open work permit application with the rest of the package and keep her current status until AIP. Staying together the whole time with her being able to work wouldn't be too shabby, IMO Well, I guess you could technically still do it, but you would have to get married something like tomorrow to make it in time.

I vote Buffalo; if you can build a firm application there may not be an interview, and the difference would be almost a whole year. I'm no expert but your case sounds pretty solid and it might work out just fine How are you for evidence?

 

[Paperball]

It's too bad her PGWP is expiring so shortly, otherwise it would have made sense for you guys to apply inland, submit an open work permit application with the rest of the package and keep her current status until AIP. Staying together the whole time with her being able to work wouldn't be too shabby, IMO Well, I guess you could technically still do it, but you would have to get married something like tomorrow to make it in time.

I vote Buffalo; if you can build a firm application there may not be an interview, and the difference would be almost a whole year. I'm no expert but your case sounds pretty solid and it might work out just fine How are you for evidence?

We do have many pics together with each other and some friends, and lots of chat logs. I guess you can say we had an unofficial long distance relationship for 2 years before we started to "date". I have my boarding passes from my visit to Hong Kong to visit her earlier.

What kind of evidence is normally required? There are some gifts, cards and letters as well.

 

[toby]

When does she get an automatic visa to Canada? Not while the inland application is being processed. One of the things that is HIGHLY recommended if you choose to proceed inland is to NOT leave Canada during the process.

Right. What I meant was that she -- as a tourist -- would expect to get entry to Canada without question. But if she launches an application for PR -- either inland or outland -- is she required to mention that to a border officer, and if she does, might that not jeopardize her entry into Canada?


Even if the OP decided to wait for six month before getting married (good idea - one must be as sure as possible about these things) I would still recommend an overseas application over inland. There is no right of appeal inland and no guarantee of AIP. And since she's on a PGWP, if she's working in a skilled position, she may have the opportunity to get a work permit after the PGWP expires if her employer wanted to support an LMO application.

Question: If she applies overseas, can she stay in Canada on the 6-month visa that Hong Kong people normally get?
Paperball, what province are you living in? You should also check to see if a Provincial Nominee program might suit her.

 

[toby]

Toby, is your spouse from the mainland? I'm just curious because I've read a few of your posts, and you seem to have a lot of trouble unfortunately.

Yes she is. And yes, I've had my share pf problems, but my wife has just been assured (after an interview in Hong Kong) that she will receive her PR visa -- after getting a new medical. I posted this separately, titled "Interview Passed" or something like it.

 

[rjessome]

Ah! Ok, now I understand. Assuming she had a valid visa and legal status, when and if she enters Canada she SHOULD provide full disclosure to the CBSA officer IF ASKED. And she should cary with her a copy of the fees receipt, AOR letter, etc. They are nice if you play by the rules and give them everything they ask for.

And yes, she can stay as long as her visitor permit allows. She can also apply to extend her stay through Vegreville if necessary.

To the Paperball, read OP Manual 2. It will give you the information you need regarding proof and how it is assessed.

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf