Studying abroad and sponsoring wife

[thekindofguy]

Hi,

I am hoping someone can assist me with this query.

I am currently studying in the Philippines and I am planning to be here for the next 3.5 years. I have recently gotten married and would like to sponsor my wife to come to Canada. I am a little confused regarding the eligibility of this.

It states on the cic website that I must be planning to go to Canada with my wife once the PR has been approved if I am applying outside of the country. However, I only plan on visiting Canada during Christmas and summer time until I graduate.

The reason I am seeking to sponsor her now is that I am hoping she would be able to join me on my trips back to Canada. Moreover, if she could also work during the summertime, it would be a big financial help.

I do not own any assets in Canada but file my taxes there and have bank accounts, drivers license and health insurance.

Any advice would be greatly appreciated!

 

[canadianwoman]

You would have to lie and say you are coming back sooner. You can sponsor her when you are not living in Canada, but you have to go back when she lands in Canada, and you need to prove you will go back to Canada then. Since you are going to school for another 3.5 years, you would probably have to omit all mention of the school in the application, and say you're in the Philippines for another reason.

If you wait to sponsor her until you graduate, and you have been living with her all that time in the Philippines, at least it would be easy to prove you have a genuine relationship.

 

[thekindofguy]

Hi CW,

Thank you very much for your prompt response.

I do not really have a problem coming back once the visa is approved. However, I would most likely leave again within a week. I think it would be very easy for them to know I am here studying given that there is a student visa stamped into 3 pages of my passport. Moreover, I am not even sure what I would say I am doing if I did not say I am a student.

I am guessing that showing an intention to return in the next 3 years is not acceptable.

Thanks again

 

[ariell]

You would have to lie and say you are coming back sooner. You can sponsor her when you are not living in Canada, but you have to go back when she lands in Canada, and you need to prove you will go back to Canada then. Since you are going to school for another 3.5 years, you would probably have to omit all mention of the school in the application, and say you're in the Philippines for another reason.

If you wait to sponsor her until you graduate, and you have been living with her all that time in the Philippines, at least it would be easy to prove you have a genuine relationship.

WHAT??!!

This is really terrible advice. So let me get this straight, you're suggesting that he lie about what he's doing in the Phillipines, lie about when he will be returning to Canada, and lie about agreeing to return when his wife gets PR. What on earth were you thinking?. thekindofguy, you should absolutely NOT lie on the application!!! I suggest you take a look at The Application to Sponsor and Undertaking where the sponsor must sign to declare that:

"I understand that false or misleading statements may lead to the refusal of the application for permanent residence of the person I am sponsoring. I understand that giving false or misleading information may be grounds for my prosecution and the removal of the person I am sponsoring and his or her family members from Canada".

While it's true that you can sponsor when living outside of Canada if you are a Canadian citizen, CIC will want to see proof of your plans to re-establish yourself in Canada.

You don't need to apply for PR for your wife. She has no intention of residing in Canada and neither do you. Why doesn't she just apply for a tourist visa?

Unfortunately, it's situations like these where people try to "work" the system to their own benefit that makes it that much harder for people that legitimately want to live in Canada to get PR status. When and if you plan to return to Canada, then by all means apply to sponsor your wife but definitely not now. No, showing an intention to return in 3 years will not be acceptable. Apply only when you actually do intend to return. Otherwise you're wasting your money and their time.

 

[canadianwoman]

No, no, I didn't mean I was suggesting he lie on the application. I meant that the only way he could sponsor his wife right now was by lying. I don't think he should do this - I think he should wait until he graduates and sponsor her then, if they both intend to go to Canada then.
To the OP: I don't think you should try to trick the Canadian Immigration authorities, and since you have a student visa for the Philippines, I don't think you could even if you tried. Basically, you have to prove you are planning to go back to Canada with your wife when she gets a PR visa, and stay there with her. Not just go back for a week and then return to the Philippines.

 

[thekindofguy]

CW and Ariel - Thanks for both of your advice. We will try to look into obtaining a tourist visa for her. I doubt that it will be approved though given that we are both students and do not have an income. Do either of you have any tips on how we could get it approved?

I assume letters from our school stating that we are enrolled would help.

 

[canadianwoman]

To get a TRV she has to prove that she will leave Canada before the visa expires. A letter from her school explaining that she is enrolled there, that school holidays are from ... to ..., and that she is expected back after the holiday is good evidence. Also include a receipt for classes that start after the expected date of return, if possible. The same type of letter for you from your school, plus the receipt, will also help. Also show your marriage certificate, your student visa, and anything else you can think of that would show the two of you will be leaving Canada and coming back to the Philippines. A lease in her name or both your names, property, and money in the bank also help. If it seems she doesn't have enough money to support her trip to Canada, or you don't, get a letter from a family member or friend stating that you will be staying with them during your trip.

 

[ariell]

There's more detail here on writing a letter of invitation: http://www.cic.gc.ca/english/visit/letter.asp. I think that would be a good thing for your family to do as it may help her get a TRV.

The main things that the immigration officer assessing an application for a TRV will look for is:

- ties that will take you back to your country of origin, such as a job, home, school or family. So definitely include proof of your school enrollment. The stronger your ties to your home country, typically the less likely you will be to overstay your visa.

- enough money for your stay. The fact that you (I assume) will be staying with family may mean you may not need to show as much as otherwise. I don't know if Manila is looking for a specific amount of funds, but you could try contacting them to find out.

- The IO has to be satisfied that you won't overstay. That's kind of vague but ties into the first point. Of course if your wife has travelled before and not overstayed her visa that may help.