Straight to application or study visa?

[stereognosis]

Hello, everyone. This is a great friendly forum and it is impossible to value enough the help and support you guys provide.

I'd really appreciate any help on my problem..

I live in Russia and I have Canadian PR since 2008 (expiring 07.2013). I'm moving to Canada only this month because I had to finish my university studies. For the past two years I've been in a relationship with someone and I'm desperate to find the best (in other words fastest) way for her to move to Canada.

So far, it seems that the best way for her is to go to Canada on a student visa for English courses, then to get married there and apply through inland/outland.

The problem is, if this fails - I can't go back to Russia to marry her, because I don't have 2 years worth of staying in Canada on my PR, so I need to stay there till I get the passport..

So please give me advice: which is the best way?.. go on studies?.. marry now and apply outland on arrival?.. or try studies and do common law/conjugal?..

Thanks, I'd appreciate every bit of help..

 

[scylla]

You can't sponsor her at this time because you don't meet the residency obligation.

To qualify to sponsor her, you'll need to return to Canada and live here until you have accumulated 2 years of phyiscal residency in the last 5 years. Only then will you be able to sponsor her.

If you try to sponsor her before you meet the residency obligation, you will risk having your own PR status revoked due to your failure to meet this obligation.

So the only real option (based on the information you have provided) is for her to come to Canada on a study permit and remain on the study permit for two years while you collect the residency days you need to sponsor her. Note that it's extremely unlikely she will be approved for a study visa just to attend English courses. She need to show that she is a genuine student in order to be approved and should be taking either a college diploma or university degree.

 

[scylla]

The problem is, if this fails - I can't go back to Russia to marry her, because I don't have 2 years worth of staying in Canada on my PR, so I need to stay there till I get the passport..

Just to add...

You won't get a Canadian passport in two years. All you will be able to do is renew your PR card.

You need Canadian citizenship to qualify for a Canadian passport. To qualify to apply for Canadian citizenship you must have lived in Canada for 3 out of the last 4 years. Once you apply, the processing time for citizenship applications is around 2 years. So you are still 5 years away from qualifying for a Canadian passport.

 

[stereognosis]

You can't sponsor her at this time because you don't meet the residency obligation.

To qualify to sponsor her, you'll need to return to Canada and live here until you have accumulated 2 years of phyiscal residency in the last 5 years. Only then will you be able to sponsor her.

If you try to sponsor her before you meet the residency obligation, you will risk having your own PR status revoked due to your failure to meet this obligation.

So the only real option (based on the information you have provided) is for her to come to Canada on a study permit and remain on the study permit for two years while you collect the residency days you need to sponsor her. Note that it's extremely unlikely she will be approved for a study visa just to attend English courses. She need to show that she is a genuine student in order to be approved and should be taking either a college diploma or university degree.

Are the risks of losing PR high?.. It says on the "Applying for PR" page:
"Humanitarian and compassionate grounds

If you are unable to meet the residency obligation, CIC will consider any compelling humanitarian and compassionate factors in your individual circumstances that may justify the retention of permanent resident status."

She does have a well payed job, piece of property, car. Would it still be unlikely? We were planning to apply for a long course, like Seneca college, lasting about a year, paying full fee ahead.

About the citizenship: yes, I fully understand that.

So to explain: I'd file the Application, if the quesstion about the residency obligations arises, I'll provide the information about my studies.

Also, since I'd be in Canada during application, would it actually matter for the CIC wether I meet my residency obligations or not?
Thanks so much for your answer, scylla!

 

[scylla]

Are the risks of losing PR high?.. It says on the "Applying for PR" page:
"Humanitarian and compassionate grounds

If you are unable to meet the residency obligation, CIC will consider any compelling humanitarian and compassionate factors in your individual circumstances that may justify the retention of permanent resident status."

She does have a well payed job, piece of property, car. Would it still be unlikely? We were planning to apply for a long course, like Seneca college, lasting about a year, paying full fee ahead.

About the citizenship: yes, I fully understand that.

So to explain: I'd file the Application, if the quesstion about the residency obligations arises, I'll provide the information about my studies.

Also, since I'd be in Canada during application, would it actually matter for the CIC wether I meet my residency obligations or not?
Thanks so much for your answer, scylla!

Yes - it matters if you met your residency obligation or not when you sponsor. And yes - they will most likely check. We have seen several cases on this forum where people have run into serious problems due to this very situation. If you decide to sponsor before meeting the residency obligation, then assume the risk is high that you will lose your own PR status.

H&C won't work for you. Studying is not accepted by CIC as a reason for failing to meet your residency oblgiation. You could have studied in Canada. You made a choice to study outside of Canada.

Sorry to be the bearer of bad news. I think your options are unfortunately extremely limited. If you value your PR status, don't sponsor until you meet the residency obligation.

 

[stereognosis]

Thank you, scylla. It is better to find out beforehand than the hard way, right?
So you think it would be best to get filled in a college and study for couple of years then file spousal? Would applying for Seneca College ELI (English Language Institute) be an option?
Thank you again.

 

[jarry96]

Thank you, scylla. It is better to find out beforehand than the hard way, right?
So you think it would be best to get filled in a college and study for couple of years then file spousal? Would applying for Seneca College ELI (English Language Institute) be an option?
Thank you again.

Many people come to Canada with a study permit just to learn English. So yes she should get accepted at an English Language school and then apply for a study permit.