Spousal Sponsorship In-Canada Class

[karenn1617]

Hi there,

I am a Canadian permanent resident and I am going to get married in the month of November 2018.

My fiance is currently on student visa, which is valid till March 31, 2019.

We are planning up to submit her spousal application along with open work permit application by the first week of January 2019 as all wait is of marriage certificate only.

My questions are -

1. Since the application will be in process from January 2019 while her study visa is valid till March 2019 - can she stay in Canada unless and until application is in process and decision be made. Correct?

2. Her new semester will technically starts from January 2019 till May 2019 but we don't want her to continue studying the course further as she is not interested in that any further. So, will it be fine if she don't enrol any further and just wait for her spouse and open work applications to process. Is it fine scenario?

3. Any other thing can be taken care of. Please suggest.

Thanks.
Karan

 

[karenn1617]

Anyone?

 

[monkeys89]

Anyone?

You should give people more than a minute before you wonder if anyone will reply

1. Provided that you don't make any errors that will have the application returned to you, and that you are applying for an OWP along with the spousal application, I believe she will have "implied status" until the OWP is decided. So she should theoretically be able to stay in Canada until that is either approved or denied.

2. Not enrolling would likely put her in violation of her study visa - but I'm not sure. Others may be able to comment on that. To be eligible for the OWP, you need to be in valid status when you apply.

 

[karenn1617]

You should give people more than a minute before you wonder if anyone will reply

1. Provided that you don't make any errors that will have the application returned to you, and that you are applying for an OWP along with the spousal application, I believe she will have "implied status" until the OWP is decided. So she should theoretically be able to stay in Canada until that is either approved or denied.

2. Not enrolling would likely put her in violation of her study visa - but I'm not sure. Others may be able to comment on that. To be eligible for the OWP, you need to be in valid status when you apply.

Thanks for the reply.

For 2. - technically she got her student visa valid till March 31, 2019 and our application will be with CIC by January 2, 2019 or even before that - so technically she will be in a valid status in Canada. Her new semester enrollment date is January 07, 2019.

Believe with above dates, all the things are in fix.

 

[monkeys89]

Thanks for the reply.

For 2. - technically she got her student visa valid till March 31, 2019 and our application will be with CIC by January 2, 2019 or even before that - so technically she will be in a valid status in Canada. Her new semester enrollment date is January 07, 2019.

Believe with above dates, all the things are in fix.

Check the terms of the student visa. Make sure it doesn't say something like "must maintain full time enrollment at all times" - how long does it allow her to not be enrolled as a student?

 

[monkeys89]

From CIC's page on student visas:

• If you finish your studies early, your permit will stop being valid 90 days after you complete your studies (no matter what day is printed on the study permit).

From another thread on this forum, colleges and universities are required to inform CIC if a student stops being a student, which begins to invalidate their visas.

 

[karenn1617]

From CIC's page on student visas:

• If you finish your studies early, your permit will stop being valid 90 days after you complete your studies (no matter what day is printed on the study permit).

From another thread on this forum, colleges and universities are required to inform CIC if a student stops being a student, which begins to invalidate their visas.

Agree on your part but before student visa got ended, her spousal application will be in process already. What you say?

 

[monkeys89]

Agree on your part but before student visa got ended, her spousal application will be in process already. What you say?

Spousal visa in and of itself does not grant implicit status. It's better to be safe than have an application returned because someone was out of status.

 

[karenn1617]

Spousal visa in and of itself does not grant implicit status. It's better to be safe than have an application returned because someone was out of status.

How about if we apply for Visitor visa in February 2019 WHILE one thing to add more that she also got Business Visitor visa as well.