Spousal Sponsorship with Spouse on Sudent Permit Query

[niashaalyssa]

Hi everyone,

Hoping that I could get some advice on the below situation.

Background Information

I gained PR earlier this year and am desirous of sponsoring (inland application) my common law partner. We would have been doing some assessments with regards to how best to improve their chances of employment once the application is approved and decided that studying in Canada would be a good bet. We would pursue an outside of Canada application for the study permit and then re-locate together (we both live outside of Canada at present) so that they could start studying right away and then once we have gotten more settled start the inland application + OWP.

I would have recognized that for the Student Permit Application for my partner we would need to indicate that I am their common law spouse and whether I would be accompanying them to Canada or no; in this case I am.

My queries as it relates to the above are:

Would the fact that I have PR affect my spouse's ability to get a student permit ? I assume at some point I would need to declare that I have PR status since I would not need to apply for an OWP along with their application.

Would them being on a student permit affect my ability to sponsor them?

Thanks!

 

[scylla]

Hi everyone,

Hoping that I could get some advice on the below situation.

Background Information

I gained PR earlier this year and am desirous of sponsoring (inland application) my common law partner. We would have been doing some assessments with regards to how best to improve their chances of employment once the application is approved and decided that studying in Canada would be a good bet. We would pursue an outside of Canada application for the study permit and then re-locate together (we both live outside of Canada at present) so that they could start studying right away and then once we have gotten more settled start the inland application + OWP.

I would have recognized that for the Student Permit Application for my partner we would need to indicate that I am their common law spouse and whether I would be accompanying them to Canada or no; in this case I am.

My queries as it relates to the above are:

Would the fact that I have PR affect my spouse's ability to get a student permit ? I assume at some point I would need to declare that I have PR status since I would not need to apply for an OWP along with their application.

Would them being on a student permit affect my ability to sponsor them?

Thanks!

Yes - the fact you hold PR will make it more difficult for your common law partner to obtain a study permit since IRCC may believe you are using the study permit as a means of moving your partner to Canada early. Your common law partner should ensure they pick a program in Canada that makes sense in light of their previous education or experience. Also demonstrate strong ties to their home country.

If they are here on a study permit - there will be no issues sponsoring them for PR. You can certainly do that.

 

[niashaalyssa]

Yes - the fact you hold PR will make it more difficult for your common law partner to obtain a study permit since IRCC may believe you are using the study permit as a means of moving your partner to Canada early. Your common law partner should ensure they pick a program in Canada that makes sense in light of their previous education or experience. Also demonstrate strong ties to their home country.

If they are here on a study permit - there will be no issues sponsoring them for PR. You can certainly do that.

Thanks for your response and I understand.

 

[niashaalyssa]

Yes - the fact you hold PR will make it more difficult for your common law partner to obtain a study permit since IRCC may believe you are using the study permit as a means of moving your partner to Canada early. Your common law partner should ensure they pick a program in Canada that makes sense in light of their previous education or experience. Also demonstrate strong ties to their home country.

If they are here on a study permit - there will be no issues sponsoring them for PR. You can certainly do that.

Just had a follow up question. Why would it be viewed as I am trying to move them early. Wouldn't it be the same as if they were just visiting me for a month before submitting the application so we can get the proof that we were living together in Canada sorted except in this case they would be studying?

 

[canuck78]

Instead of returning to Canada to sponsor your partner while she remains in India you are using a study permit to get her to India when you want to move back. Who knows whether your spouse will actually study or no t but this is one of the ways people use to try not to be separated for a year. Yes it would be the same if she applied for a visitor visa saying she wanted to visit you in Canada and after attaching proof of strong ties to India she remains in Canada and files for inland sponsorship. That is why TRVs are not given that often, Many never return to their home countries after lying and providing tons of proof of why they will return after a quick holiday. Visa offered expect people to remain in Canada so they shouldn’t get approved for a temporary visa to visit.

 

[niashaalyssa]

Instead of returning to Canada to sponsor your partner while she remains in India you are using a study permit to get her to India when you want to move back. Who knows whether your spouse will actually study or no t but this is one of the ways people use to try not to be separated for a year. Yes it would be the same if she applied for a visitor visa saying she wanted to visit you in Canada and after attaching proof of strong ties to India she remains in Canada and files for inland sponsorship. That is why TRVs are not given that often, Many never return to their home countries after lying and providing tons of proof of why they will return after a quick holiday. Visa offered expect people to remain in Canada so they shouldn’t get approved for a temporary visa to visit.

Thanks for your response re the explanation as to why IRCC officers would have that belief. Totally understand that persons would have tried to circumvent the system to avoid being separated for the year by lying on visitor visa application or getting student permits under false pretenses in the past.

Just wanted to clarify something about your statement in the event that it is directed at me and not merely an example. I am not from India nor am I trying to circumvent the system by using the student permit to bring them to Canada nor would my spouse apply for a visitor visa and lie about their intention for the sole purpose of obtaining it.