Student visa for me but my husband is already on PR

[Saikrn]

My husband is a PR in canada but cannot sponser me due to some issues. So i want to come there as an individual non immigrant. I already have visitor visa. So, is it legal for me to come there (Canada) on visitor visa and apply for student visa? Is there a rule that i cannot apply from inside Canada because my husband is a PR?
What are the chances of approval knowing my husband is a PR?
Ps- i got my visiting visa approved without any issues
I do have a strong masters and USA job experience and valid work visa which i can use to go back to USA

 

[scylla]

My husband is a PR in canada but cannot sponser me due to some issues. So i want to come there as an individual non immigrant. I already have visitor visa. So, is it legal for me to come there (Canada) on visitor visa and apply for student visa? Is there a rule that i cannot apply from inside Canada because my husband is a PR?
What are the chances of approval knowing my husband is a PR?
Ps- i got my visiting visa approved without any issues
I do have a strong masters and USA job experience and valid work visa which i can use to go back to USA

You can certainly apply for a study permit while you are visiting Canada however your study permit application will be treated as an outside of Canada application and will be processed through a visa office ouside of Canada. It weakens your application somewhat when you apply while you are visiting Canada. Applications are generally stronger when you apply while outside of Canada.

You will want to show that the studies you plan to take in Canada make sense in light of your previous education and work experience. So ideally you should be applying to take another Master's in Canada or a PhD.

 

[Saikrn]

You can certainly apply for a study permit while you are visiting Canada however your study permit application will be treated as an outside of Canada application and will be processed through a visa office ouside of Canada. It weakens your application somewhat when you apply while you are visiting Canada. Applications are generally stronger when you apply while outside of Canada.

You will want to show that the studies you plan to take in Canada make sense in light of your previous education and work experience. So ideally you should be applying to take another Master's in Canada or a PhD.

Thank you for the quick response.
the issue I mentioned for my spouse not being able to sponser me is-
My husband got express entry invite in jan 2019 and got COPR on may 2019. We got married in India in Nov 23, 2019 and he planned to drop at canada to do soft landing and get pr card on December 2019 (only 1 week after wedding). He unintentionally forgot to mention the change in marital status. Just want to mention here- there is no reason for us to intentionally give false information because we did not have any urgency to settle in canada( because we both have valid work visa and jobs in USA and canada pr was backup), neither do we have any criminal or medical issues ( can prove). Not justifying our mistake but It is a honest one.

He came back to USA 2 days later that soft landing and we stayed here until July 2021. He came back to canada in aug 2021 because he got a job and now he want to sponsor for me.
I have seen and heard people saying this is misrepresentation case and my pr application will get rejected. We talked with lawyers and they are also saying this is complicated situation but they can help with strong letter of explanation and we still can have chances and some other lawyer also told that we can use humanitarian and compassionate application and explain them this is a genuine mistake. But we are still worried and not convinced with the options.
We thought of going through student ways but looks like my case is weak for that.
I have good points for express entry but they stopped picking applications from Feb 2021.
So what are our options now? Can someone please help??
We are already separated for more than 7 months. I’m staying in USA.
PS- I already applied for visitor visa in Oct 2021 and submitted marriage certificates, pictures and his PR card for proof of relationship and got approved immediately without any issues. We did not had any intention to give wrong info and only got to know about this as a mistake when someone pointed it out.

Any advice would be appreciated!

 

[scylla]

Thank you for the quick response.
the issue I mentioned for my spouse not being able to sponser me is-
My husband got express entry invite in jan 2019 and got COPR on may 2019. We got married in India in Nov 23, 2019 and he planned to drop at canada to do soft landing and get pr card on December 2019 (only 1 week after wedding). He unintentionally forgot to mention the change in marital status. Just want to mention here- there is no reason for us to intentionally give false information because we did not have any urgency to settle in canada( because we both have valid work visa and jobs in USA and canada pr was backup), neither do we have any criminal or medical issues ( can prove). Not justifying our mistake but It is a honest one.

He came back to USA 2 days later that soft landing and we stayed here until July 2021. He came back to canada in aug 2021 because he got a job and now he want to sponsor for me.
I have seen and heard people saying this is misrepresentation case and my pr application will get rejected. We talked with lawyers and they are also saying this is complicated situation but they can help with strong letter of explanation and we still can have chances and some other lawyer also told that we can use humanitarian and compassionate application and explain them this is a genuine mistake. But we are still worried and not convinced with the options.
We thought of going through student ways but looks like my case is weak for that.
I have good points for express entry but they stopped picking applications from Feb 2021.
So what are our options now? Can someone please help??
We are already separated for more than 7 months. I’m staying in USA.
PS- I already applied for visitor visa in Oct 2021 and submitted marriage certificates, pictures and his PR card for proof of relationship and got approved immediately without any issues. We did not had any intention to give wrong info and only got to know about this as a mistake when someone pointed it out.

Any advice would be appreciated!

Based on the information you've provided, your husband can never sponsor you for PR. So you need to qualify for PR on your own through an economic immigration program like Express Entry. You cannot rely on your husband in any way to get PR or get any points based on his profile.

We don't know when FSW / EE draws are going to restart. Scores will almost certainly be 480+ when they do so hopefully your score is in that range.

If you don't want to wait and want to move to Canada sooner, then a study permit is certainly one option. But again, you'd want to be going for either another Master's or a PhD in Canada. Otherwise the studies you are pursuing in Canada won't make sense and you'll be positioning yourself for a study permit refusal.

You can also look into the PNP immigration programs although this won't get you to Canada immediately.

Unfortunately your options are a bit limited since your husband failed to follow instructions and add you to his application before landing and becoming a PR. It doesn't matter why he failed to do this. This is a very big error and permanently excludes you from being sponsored by him. There's really no way to fix this.

 

[Saikrn]

Based on the information you've provided, your husband can never sponsor you for PR. So you need to qualify for PR on your own through an economic immigration program like Express Entry. You cannot rely on your husband in any way to get PR or get any points based on his profile.

We don't know when FSW / EE draws are going to restart. Scores will almost certainly be 480+ when they do so hopefully your score is in that range.

If you don't want to wait and want to move to Canada sooner, then a study permit is certainly one option. But again, you'd want to be going for either another Master's or a PhD in Canada. Otherwise the studies you are pursuing in Canada won't make sense and you'll be positioning yourself for a study permit refusal.

You can also look into the PNP immigration programs although this won't get you to Canada immediately.

Unfortunately your options are a bit limited since your husband failed to follow instructions and add you to his application before landing and becoming a PR. It doesn't matter why he failed to do this. This is a very big error and permanently excludes you from being sponsored by him. There's really no way to fix this.

Hello,

Can I still try my luck applying for spousal sponsorship pr? If it gets rejected, will it effect my other pr application?(planning to be in express entry pool as well in parallel?)
Also will it effect my husband’s PR?