Spousal App for returning & recently married Canadian PR.

[adamrg]

Good day, I have looked through the forums and did a search but did not find anything pertaining to my case; so pardon me or direct me to the right thread if my question has been answered previously.

Alright, here is some slight background; I am Singaporean and my fiancee is a Chinese Citizen & Canadian PR. She landed last year and only spent about 2 weeks in Canada as we were both still studying in Australia then. As we have just graduated, she will be heading back to Canada in March 2012 and be staying there for good. We will also be getting married in Singapore in Feb 2012 as we felt it was time (dating 3years+).

Questions:
1) Can she apply PR for me? (Considering she only spent 2 weeks in Canada after getting her PR). Her dad claims that she will need to spend one year in Canada first.. I see no evidence pointing to this.
2) Can I apply for a student visa to act as some sort of bridging visa if we choose to delay our application (or if it gets rejected). I understand that student visas are for people with intentions of not staying in Canada after their studies.. will our marriage and her status affect this?
3) Considering the fact that we are getting married in Feb 2012 and she will be leaving for Canada in Mar 2012, will the application officers think it is a sham marriage? Is there some sort of "duration since marriage" whereby we would stand a better chance for a successful application?

I thank you for your time and appreciate any comments from someone in the same boat previously or solutions to my questions. I just hate to be apart from her and this whole Canada visa thing has been a bag of hurt for the both of us.. Thanks and cheers!

[CharlieD10]

1) Yes, she can.  There is no minimum residency period required for her to apply for you, the caveat is that as a PR she must be residing in Canada full-time in order to be eligible.

2. Yes, you may apply for a student visa.  The threshold for being approved for one will be higher for you, because you will have a PR spouse, and must show that her PR status is not outweighed by your ties to your homeland which would take you back after your course of study is completed.

3. The visa office's assessment of the genuineness of your marriage depends not on how quickly you get married before she makes the application, but on how well you can substantiate the development and progress of your relationship from inception to marriage and the subsequent PR application, your plans for the future and how you support each other and combine your lives. 

There is no duration before marriage that needs to be observed before you can apply for a spouse, HOWEVER, if the government gets around to instituting it next year (which on a balance of probabilities they likely will), the fact that you have been married for less than 2 years before applying for PR means that if you are approved it will be for a conditional PR, which means that if your relationship breaks down within 2 years of your landing in Canada, your PR may be revoked and you may be removed from Canada.

[adamrg]

Thanks for your prompt reply!
It does clear a lot of things up for us and we are not reconsidering our paths to take.
Thanks again and have a blessed new year!

[apatel]

Hello there,

Interesting post, I m too in a similar situation.

basically, i am landed PR since june 2011, spent just 2 weeks in canada and returned back to india. Got married on 12th Deceber 2011, and will be in india until mid march 2012, and then return to canada and will look for a job.

1) Can I apply while I am out of canada ? or do i have to go there first ?
2) Do I have to have ajob to be able to sponsor y wife or not ?
3) How long will whole process take from the first application submission date ? I will apply for my wife fro india (New Delhi visa office). ?
4) What and when do i have to pay ? Applivation fees breakdown if anyone is aware of these please ?

Thanks in advance.

AP.