Urgent Help Required, please.

[Maddy612]

Hello everyone,

I need some help hence I am posting few questions/scenarios below, please accept my apologies if anything similar was already being asked.

1 - My fiance lives in Australia and I live in Canada as a PR, we are applying for his study permit for January 5th intake. We have a plan of getting married once he get the permit. So, once he get the permit, we will fly back to Pakistan, get married and then will come back as a couple. In this scenario, do we fall under the category of showing dual intent?

2 - His Australian visa will be renewed in February end or first week of March because of lockdown in Australia everything was impacted. Is there any possibility that he can study while residing in Australia and apply for the study permit once he gets a visa from Australia? by this he can show that as strong ties to the country of residence. So can we wait, start taking classes in January and then apply for a permit in March? is it doable, do you guys think or know any such cases or do you think universities will accept it?

thank you

 

[wonderbly]

Hello everyone,

I need some help hence I am posting few questions/scenarios below, please accept my apologies if anything similar was already being asked.

1 - My fiance lives in Australia and I live in Canada as a PR, we are applying for his study permit for January 5th intake. We have a plan of getting married once he get the permit. So, once he get the permit, we will fly back to Pakistan, get married and then will come back as a couple. In this scenario, do we fall under the category of showing dual intent?

2 - His Australian visa will be renewed in February end or first week of March because of lockdown in Australia everything was impacted. Is there any possibility that he can study while residing in Australia and apply for the study permit once he gets a visa from Australia? by this he can show that as strong ties to the country of residence. So can we wait, start taking classes in January and then apply for a permit in March? is it doable, do you guys think or know any such cases or do you think universities will accept it?

thank you

1. His application is not dual intent, as he doesn't have a concurrent PR application in process (unless he has expressed some form of interest for permanent residency, e.g. Express Entry profile?). Simply getting married to you (a PR holder) does not confer upon him your PR status.

2. He cannot legally attend classes if he hasn't submitted a SP application. He cannot attend classes in January if he hasn't yet submitted his permit application. Even if he has, he needs to make sure his DLI will refund him his tuition fees should his application unfortunately get rejected.

 

[Maddy612]

1. His application is not dual intent, as he doesn't have a concurrent PR application in process (unless he has expressed some form of interest for permanent residency, e.g. Express Entry profile?). Simply getting married to you (a PR holder) does not confer upon him your PR status.

2. He cannot legally attend classes if he hasn't submitted a SP application. He cannot attend classes in January if he hasn't yet submitted his permit application. Even if he has, he needs to make sure his DLI will refund him his tuition fees should his application unfortunately get rejected.

Thank you so much for your detailed response. I would have some more questions if you dont mind answering:

1 - even if we have a plan to get married once he gets the permit, either to get married by going to Pakistan or here in Canada and want to apply for the spousal sponsorship, we still do not need to apply as a dual intent?

2 - If study permit is not given until the classes start but the application is in process, he can study while living in australia and later on will be eligible for work permit? his course of study is of 2 years.

 

[Naturgrl]

Thank you so much for your detailed response. I would have some more questions if you dont mind answering:

1 - even if we have a plan to get married once he gets the permit, either to get married by going to Pakistan or here in Canada and want to apply for the spousal sponsorship, we still do not need to apply as a dual intent?

2 - If study permit is not given until the classes start but the application is in process, he can study while living in australia and later on will be eligible for work permit? his course of study is of 2 years.

1. If you are PR, you have to sponsor him from Canada. So not dual intent until you are married, moved back to Canada and then applied for his PR. If he has approved study permit before you are married, then not an issue.
2. He may not be eligible for PGWP as rules change beginning December 31, 2021. Programs online is up to Fall 2021 and they haven’t changed the requirements as many programs are back in-person.

You can complete 100% of your studies online from outside Canada.

All of the time you spend studying online from outside Canada between spring 2020 and December 31, 2021 counts toward the length of a PGWP. This applies even if you’re completing 2 study programs.

https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/eligibility.html

 

[Maddy612]

1. If you are PR, you have to sponsor him from Canada. So not dual intent until you are married, moved back to Canada and then applied for his PR. If he has approved study permit before you are married, then not an issue.
2. He may not be eligible for PGWP as rules change beginning December 31, 2021. Programs online is up to Fall 2021 and they haven’t changed the requirements as many programs are back in-person.

You can complete 100% of your studies online from outside Canada.

All of the time you spend studying online from outside Canada between spring 2020 and December 31, 2021 counts toward the length of a PGWP. This applies even if you’re completing 2 study programs.

https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/eligibility.html

Perfect, thank you so much.

We do not have any plans to get married before he gets the study permit. We will get married after that. Also, I am not very worried about the work permit after two years as we will apply for spousal sponsorship ASAP we land back as a married couple. You have cleared a lot of confusions we were having, Cannot thank you enough.

I will definitely resort back if I have more questions and believe I am not bothering you at all, thank you so much

 

[Naturgrl]

Perfect, thank you so much.

We do not have any plans to get married before he gets the study permit. We will get married after that. Also, I am not very worried about the work permit after two years as we will apply for spousal sponsorship ASAP we land back as a married couple. You have cleared a lot of confusions we were having, Cannot thank you enough.

I will definitely resort back if I have more questions and believe I am not bothering you at all, thank you so much

Has he applied for the study permit because processing is 14+weeks. Also he has high chance of refusal because he isn’t living in his home country. He needs to show career and education advancement in his home country.

So he plans to start studying in Canadian program without a study permit or even apply for one? That is very risky because he doesn’t live permanently in Australia. Also if he start studying without even applying then he is not eligible for PGWP.

 

[Maddy612]

Has he applied for the study permit because processing is 14+weeks. Also he has high chance of refusal because he isn’t living in his home country. He needs to show career and education advancement in his home country.

So he plans to start studying in Canadian program without a study permit or even apply for one? That is very risky because he doesn’t live permanently in Australia. Also if he start studying without even applying then he is not eligible for PGWP.

No, this was just a confusion I was having like what if we apply after the classes commence.

He has been living in Australia on student and work permits for about 10 years now. That is why we need to show ties with country of residence or home country. We will be applying for a permit in this or coming week maximum.