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Study Visa Rejected, Next Options All Include Marriage... Thoughts?

carolbb23

VIP Member
Jun 24, 2016
3,564
406
toronto
Category........
FAM
Visa Office......
mississauga
App. Filed.......
15\12\2015
Doc's Request.
already did for applications
Nomination.....
n/a
AOR Received.
15/01/2016
IELTS Request
n/a
File Transfer...
10/03/2017
Med's Request
n/a
Med's Done....
02/11/2015
Interview........
thank god no interview
Passport Req..
n/a
VISA ISSUED...
28/04/2017
LANDED..........
28/04/2017
That’s definitely a consideration. I’m tired all the time lol my husband helps a lot though, always had from the beginning. It’s not easy starting a family this late. My dream of retirement at 50 is pretty much out of the window unless we win big in some lottery.

i had my first so natural no ivf he was born 2 weeks after my 40 last year and pregrant with no 2 natural no ivf my hubby turn 45 this year turn 41 and baby 2 be born a 1 month after my 41 birthday
 

scylla

VIP Member
Jun 8, 2010
94,942
21,568
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
My story comes with a lot of bias and judgement from family, friends and strangers. I met my fiancé online in August of 2017. He's in Nigeria and I'm in Canada. He's now 24 and I'm 40. For those of you who have red flags, don't worry about it - I know this is a genuine relationship for reasons that I won't explain. Just know that I'm integrated into his life, with his family and his business (I just thought I should get that out there). There's no way this is not a genuine relationship.

For a number of months we were just friends but we became closer over time and I flew to Lagos, Nigeria to meet him and his sister in March 2018. We spent 10 days together and were able to talk about a lot of important things. Again, our relationship continued to progress and in July/August 2018 we met in Dubai for 11 days, where he proposed to me. When he returned to Nigeria he applied for a study visa to attend a local college in my city, as he was accepted to start in January 2019. This would have been our opportunity to live together, get to know each other better, and take our time to get married while he was in school. My finances would be the majority of the funding for his education, and he'd live at my house. Apparently there was no problem with the financial aspect of the application - the study visa was rejected because the Immigration Officer thought there wasn't enough reason for my fiancé to return home at the end of the two years. He has a federally registered business that he runs. I'm a shareholder in the business along with him, his sister and parents. We had letters from his family and board members about his return to work after the 2 years of school, and letters from my parents and a friend showing the relationship is genuine. The college diploma is relevant to his business. Unfortunately, with hindsight, we think we were too honest about our relationship and that was the cause of the rejection. I'm ordering the officers notes, so we'll see.

So, moving forward we see limited options if we want to further develop our relationship together in Canada: 1) Re-apply for another study visa to start school in September 2019 but nothing in our application has changed. We can't repackage the information too much or that would be misrepresentation. 2) Apply for a visitor visa, get married when he's visiting me in Canada and apply for inland spousal sponsorship right away. But until he gets PR he can't work unless he gets an open work permit (question: what are the odds of this request being rejected?), he can't go to school (or can he?) and if the application for sponsorship is rejected there's no chance of appeal. We get to live together for a year in Canada but if he's rejected our relationship is over and we have to deal with a divorce quick-like before he leaves the country (question: how long does he have to leave the country? is there enough time to get divorce papers filed?). 3) Get married as soon as possible overseas (Nigeria or another country), then I return home to Canada and apply for outland spousal sponsorship. This takes a year and we are apart during that time. But, at least if it's rejected, we can appeal it.

I'd like to hear people's thoughts... It will be very hard for us to get a visitor visa - they don't easily issue those to Nigerians anymore. Since his business is a gym, we are planning to buy tickets to a local fitness expo and to set up interviews with gym managers while he's here. We also plan to get letters from his local church about the volunteering he does and that they expect him to return to those responsibilities after the visit to Canada.

What are the chances of my inland spousal sponsorship being rejected? This is a lot to go through if I'll just be divorced in a year. To note: We wouldn't have a big wedding if we went the inland or outland route - a small civil ceremony and we may not even have any friends or family if we choose to do it in another country. How will all this impact the application? I'm really perplexed at how personal and cultural bias of the Immigration Officer comes into play - if we choose not to have a cultural or religious ceremony it seems we can be rejected because a stranger thinks we should have gotten married differently.

Thank you for your time.
You've already received a lot of good advice. My two cents:

- Unfortunately you went about the study permit the wrong way and it's a shame you didn't find this forum before you applied. But what's done is done.
- Forget about applying for another study permit or TRV. Refusal is pretty much guaranteed. Too many temporary visa refusals can harm your PR sponsorship application.
- Yes, getting married and applying to sponsor him outland is the most realistic option (assuming he doesn't qualify on his own to apply for PR through an economic immigration stream like Express Entry).
- Do NOT do a simple marriage. Make sure your marriage conform to cultural and religious norms for Nigeria. You already have a significant number of red flags in your application and don't want to add yet another one.
- Your relationship has evolved quite quickly given the distance and your time spent physically together has been relatively short. Recommend you wait until next year to get married if you can.

Good luck.
 

t_topcat

Member
Sep 26, 2018
17
1
I guess this is a question for an immigration lawyer but how do you set up a prenup when getting married outside of the country and when going down the route of an outland sponsorship? Does anyone have experience with that?
 

scylla

VIP Member
Jun 8, 2010
94,942
21,568
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I guess this is a question for an immigration lawyer but how do you set up a prenup when getting married outside of the country and when going down the route of an outland sponsorship? Does anyone have experience with that?
I can't answer that question.

But as an aside, I assume you're aware that you'll be financially responsible for him for three years from the time he lands. This means that if at any time during those three years he goes on social assistance / welfare, you'll be responsible for paying this money back to the government. Getting divorced and/or a prenup won't protect you from this obligation. You'll be held responsible regardless.
 

t_topcat

Member
Sep 26, 2018
17
1
I can't answer that question.

But as an aside, I assume you're aware that you'll be financially responsible for him for three years from the time he lands. This means that if at any time during those three years he goes on social assistance / welfare, you'll be responsible for paying this money back to the government. Getting divorced and/or a prenup won't protect you from this obligation. You'll be held responsible regardless.
Yes, and I believe income tax is something like 9 years (I can't recall exactly, but I know there's more than just the financial obligation)... it's a big thing for sure... Thankfully he is a hard worker!
 

Oma2018

Full Member
Nov 30, 2018
42
48
This is a pure scam. Madam if it's not too late already, RUN for your dear life. This is suicide mission, I'm not going to sugarcoat this. No Nigerian, that suck his mother's breast will do such a thing trust me, he is a fraudster. In Nigeria, it's even hard for same mate marry each other talk more of this kind huge difference. Oh how I pity you. Come ip with a plan, tell him that you got scammed or something and all your money is gone, tell him you need money's from him (lets reverse the case), maintain the fact that you're now homeless, trust me the real truth about this guy will come out. Hopefully, you're not the guy self (i mean the person that posted this).
 

Sarahannclarke5

Hero Member
Sep 19, 2018
522
226
Ontario, Canada
Visa Office......
Kingston, Jamaica
App. Filed.......
26-10-2018
Don't want to come off as rude but this situation has so many red flags. You also seem to have invested money in Nigeria and were willing to pay for his education. Would protect yourself and keep your money separate as well as get a prenup at least for the first 5 years or more, Your future husband should understand your need to protect yourself financially.
I absolutely agree with this 100%.
Also, i wanted add, i saw a situation similar to this on canlii. The application was denied as the applicant married quickly after visa refusal, and many red flags, which you do have.
I dont intend to be negative, just be safe. Dont pay for anything until after you are married.