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

w28li

Newbie
May 16, 2013
2
0
Hi all,

I plan to sponsor my fiancée (wife by the time we start to apply) to become a permanent resident of Canada. And we want to seek some advises on our eligibility and how to increase the chance of approval. Here is our current situation:

I'm a 28 years old Chinese male. I became PR of Canada at the end of 2012 after studying in a Canadian university for 5 years and working as a software developer in Canada since 2011. My fiancée iand I actually knew each other since we were 4 years old and we were in the same class in kindergarten, primary school, and middle school for 12 years, but we established our relationship in September last year and I've been staying in China with her intermittently for about 4 months since then, travelling between Canada and China, for rest of the time we were communicating using internet. Now I'm back to work in Canada and we plan to get married in China pretty soon.

I'm planning to get her immigrated to Canada as my spouse after we get married. I can provide a lot of records of our communication, daily photos, wedding photos, etc. And some of my questions are:

1) She recently had her study visa application to Canada rejected for lack of travel history and purpose of visit. As our original plan was to get her to come here to study first so we can live together while she can slowly get used to Canadian culture and be prepared for employment. But unfortunately that didn't work out. Would this affect our application later for spouse immigration? When would be a good time to start immigration application, right after our marriage or after a period of time after our marriage?

2) Do I need to be in Canada at the time we submit the application? And do I need to remain in Canada while the application is in process? Obviously we don't want to live apart for too long although I admit this might be unavoidable.

3) I managed to get my company to approve me working from China for a couple of months, but can I satisfy the immigration officer on the requirement that our relationship being genuine if we'll be apart for much of the time until her application gets approved?

4) If I have spent a couple months, or even a year in China living with my wife before I come back to Canada and submit our application, would this have any negative effect on the application?

Any advises, suggestions would be appreciated, thanks!
 
1 - A rejected TRV or other visa, followed by a wedding and then application for PR is sometimes looked at as suspicious, because it may seem like you just got married for immigration purposes. Technically you can apply as soon as you get the marriage certificate. You have just been officially "dating" for less than 1 year now... but i assume by the time you get married and apply it will be at least a full year, which is pretty common.

2 - As a PR, you MUST be in Canada during the entire application process. You are allowed vacation like visits to China to visit, but i think working there is not possible.

3 - You need to be in Canada to submit/process the application, so its a given and common that with outland apps the couple is apart during the processing.

4 - No. In fact the more time you spend with her in a genuine relationship (either as dating or married) before submitting the app, would strengthen your application.
 
Rob_To: thanks for your reply. If I can only take short trips back to China after we've submitted the application, can she apply for TRV to Canada to visit me instead? How easy is it for her to get a TRV after submitting the PR application from outland?
 
w28li said:
Rob_To: thanks for your reply. If I can only take short trips back to China after we've submitted the application, can she apply for TRV to Canada to visit me instead? How easy is it for her to get a TRV after submitting the PR application from outland?

Having an application in process will do nothing to help a TRV application. Since she was already denied for a study visa, then there's a good chance she would also be denied for TRV. However you can always try. Just make sure she can show some strong ties to China so Canada will be convinced she will leave when the visa is over. So things like a letter from employer or school showing she must return for work or education, would help.