Starting the immigration process with a Japanese partner

[Powers]

Hi Everyone,

In August, I'll return to Canada after 4 years living in Japan on the JET programme as an English Teacher.  I'm going to law school, and have already been accepted.  The plan is to return with my Japanese partner.  Unfortunately, we've been living in separate apartments, even though we've been together for 3 years, so a common-law PR application is impossible.

We are currently applying for a working holiday visa for her.  If we get it, then we would be able to live in Canada together for a year, apply for a status change to a vistor visa, and then apply for a common-law Permanent residency visa. (Outland.)  However, she doesn't necessarily have the recommended amount of money in the bank for a WHV.  They don't need proof of finances with the application, but if they ask for it, I think it will be denied on those grounds.

So we are also thinking about getting married here in Japan, and then applying for a PR Spousal visa.  We would get married in April or May, and apply for the spousal visa immediately.  Move to Canada in August, (asking the Immigration Officer for a 1 year visitor record) and then hopefully get the spousal visa some months later.  (Fingers crossed that they don't request an interview in Japan.)

So I have many questions about this plan.

1. Does anyone have experience with the WHV in Japan?  Did they request financial records?
2. If she is denied a WHV on those grounds, will that be a black mark on a PR Spousal visa application, despite there being no financial requirement?
3. If we get married and immediately apply for a PR Spousal visa, will that raise red flags with immigration, even if we can prove the longstanding nature of our relationship? (Photos, letters, 2 shared trips abroad etc.)  We don't have any financial records of our relationship. (Telephone bills or money transfers etc.)
4. On the Spousal visa application it has questions relating to having an engagement/marriage ceremony.  Both of us are atheists and short on money, so we don't want to have a wedding.  Will this be a problem?
5. Does anyone have experience with traveling to Canada on a visitor visa, after having applied for a PR visa?  Was it hard to get a Visitor Record?
6. If I apply for government education loans to pay for school, will this be considered defaulting on my financial responsibilities as a sponsor?

I know this post is long and complex, so any guidance or advice you could give me would be wonderful.  Thank you.

[canadianwoman]

2. If she is denied a WHV on those grounds, will that be a black mark on a PR Spousal visa application, despite there being no financial requirement?

The applicant having no money is not a problem. The visa officer wants to know that the two of you can support yourselves in Canada, though, so having savings is good. If she is young and seems employable, most likely it won't be an issue.

3. If we get married and immediately apply for a PR Spousal visa, will that raise red flags with immigration, even if we can prove the longstanding nature of our relationship?

No, it is OK.

4. On the Spousal visa application it has questions relating to having an engagement/marriage ceremony.  Both of us are atheists and short on money, so we don't want to have a wedding.  Will this be a problem?

It depends on the culture you two are from. In Japan a small wedding or just a 'town hall' wedding should be fine, but visa officers do want to see that the marriage ceremony was an important event for you. So try to make it look special, even if it is not a big, lavish wedding. Wear good clothes, have photos of the occasion, maybe have a few close friends and her family there. Even just going out to a good restaurant for a meal with her family after will look better than nothing.

5. Does anyone have experience with traveling to Canada on a visitor visa, after having applied for a PR visa?  Was it hard to get a Visitor Record?

She can come to Canada without a visa for 6 months (if they let her in), which can be extended.

6. If I apply for government education loans to pay for school, will this be considered defaulting on my financial responsibilities as a sponsor?

No, you can get a student loan. It is only welfare they don't allow. But if you have a wife, will you have a harder time getting a loan? The loan people may expect her to work to support you, and may expect her to earn an unrealistic amount for a new immigrant.

[Powers]

Thanks for the responses.  Just a clarification of my Question #2 regarding filing for the WHV and if that is rejected, the PR Spousal visa.  Notwithstanding the financial requirement, which I understand is unnecessary for the PR visa,  would having been denied a visa (the WHV) be a black mark when applying for the PR visa?

I'd love to hear anyone else's opinion about this plan, thanks.

[scylla]

No - if the WHV is denied, this won't be a black mark when applying for PR. Go ahead and do it.

[canadianwoman]

Just a clarification of my Question #2 regarding filing for the WHV and if that is rejected, the PR Spousal visa.  Notwithstanding the financial requirement, which I understand is unnecessary for the PR visa,  would having been denied a visa (the WHV) be a black mark when applying for the PR visa?

If a visa officer sees an applicant who has, for example, tried and failed to get a study visa to go to Canada, then applied for 3 tourist visas, then had a failed refugee attempt, and then this person gets married to a Canadian, then yes, having being denied a visa will be a red flag. It looks like the person is trying anything to get into Canada, and is now trying a marriage of convenience.
But one failed attempt to get a visa shouldn't be an issue, especially if the visa was applied for long after the relationship started, as in your case. The visa officers do note previous attempts to get a visa for Canada, though, and will inquire into the circimstances.