I need some suggestions from experts

[saikatz]

Dear all,

I have bunch of questions and queries which I would like to clarify before taking any steps. I would really appreciate if you spend some of your valuable time to answer them.

Background:

I am 28 years old from Bangladesh. I got married on October 14, 2011. My wife is a Canadian PR who got her residence permit through her dad in 2009 (Her dad and mom are landed immigrant doctors in Canada). She is 18 and was studying at grade 12 in one of the schools in Toronto. She came to Bangladesh in June 2011, got married to me in October and living with us till now. But she wants to go back in 2012 and start her studies in Toronto again. We have done some research about spousal visa in Canada and found out that it would take about 22 months to get it if we apply outbound from Dhaka ( via Singapore Visa Office). (Source: cic.gc.ca/english/information/times/perm/fc-spouses.asp)

Questions:

Since 22 months is a huge time for a newly wedded couple to live apart, we were thinking of alternative ways to make the process faster. My questions are:

1) Can I go to Germany on a student visa and apply from there? As it takes 9 months to process spousal visa from Germany?
2) My wife is 18 and studies at high school, she does not have any income, will that create problem for us to get my spousal visa?
3) Outbound application mentioned that, the sponsor’s processing time is 63 days and spouse’s processing time is 22 months. Does that mean after 63 days my wife can come back to Bangladesh?
4) If somehow I get a work permit in Canada in come there with her, can we apply inbound and change my work visa to spousal PR?

I would be really glad and obliged if you could answer these questions elaborately. Thank you so much.

Saikat and Anika
Dhaka, Bangladesh

 

[rajsitha]

I was reading a case, Rathika from colombo, after waiting for almost a year
her husband visa was denied because his wife (Rathika),sponcer was not
working and was going to school........sorry

 

[scylla]

1) Can I go to Germany on a student visa and apply from there? As it takes 9 months to process spousal visa from Germany?
2) My wife is 18 and studies at high school, she does not have any income, will that create problem for us to get my spousal visa?
3) Outbound application mentioned that, the sponsor's processing time is 63 days and spouse's processing time is 22 months. Does that mean after 63 days my wife can come back to Bangladesh?
4) If somehow I get a work permit in Canada in come there with her, can we apply inbound and change my work visa to spousal PR?

1) Yes - as long as you are admitted to Germany for a minimum of one full year.
2) No - this won't matter.
3) No - your wife can't come back after 63 days. She must live in Canada until the entire process is complete (i.e. 63 days + approx 22 months). Occasional short trips (2-3 weeks) back to Bangladesh are fine.
4) Yes.

 

[saikatz]

@rajsitha: Thank you for your post. If the visa office rejected the sponsor on the basis of income, then why they took 1 year time? they can reject the case in the preliminary stage (63 days). Could you please give us the link to that case? Regards.

@scylla: Thanks a lot

 

[Amy612]

@ rajsitha: Thank you for your post. If the visa office rejected the sponsor on the basis of income, then why they took 1 year time? they can reject the case in the preliminary stage (63 days). Could you please give us the link to that case? Regards.

@ scylla: Thanks a lot

No minimum income is required for spousal and dependent child sponsorship. Check it with www.cic.gc.ca website. As your wife will be studying, her parents can write letters like as long as you are not able to find job or support yourself, both of you can stay with them.
I think the case of Rathika was denied because "the marriage was not genuine" was the issue of the visa officer.

 

[saikatz]

Thank you Amy!

 

[rajsitha]

this is Raj Sitha.........a case may have been rejected because it may not have
been genuine...........thank you so much for making me thinking in different ways
I am very I am reading this every day

 

[snake]

My condition is kinda similar.

Wife is going back to Canada after marriage here in Asia.

I am planning to go to any European country with less processing time.

Admin, expert and fellow friends, could you guys state the pros and cons for this plan of ours?

Thanks and regards

 

[missmini]

No minimum income is required for spousal and dependent child sponsorship. Check it with www.cic.gc.ca website. As your wife will be studying, her parents can write letters like as long as you are not able to find job or support yourself, both of you can stay with them.
I think the case of Rathika was denied because "the marriage was not genuine" was the issue of the visa officer.

yes there is no minimum income however if the officers feel that they cannot support themselves they can refuse
rathika's case was not denied cuz of the marriage but because of the supporting themselves part; the extra thing which needs to be mentioned is that in that case the sponsor was on disability and getting disability benefits which is not bad but the officers thought that that income was not enough and also that the applicant would not be able to provide any extra income
i think in ur case an affidavit from her parents would be enough

Edit: here is rathika's case - http://www.canadavisa.com/canada-immigration-discussion-board/refused-right-after-the-interview-t88235.0.html

 

[missmini]

My condition is kinda similar.

Wife is going back to Canada after marriage here in Asia.

I am planning to go to any European country with less processing time.

Admin, expert and fellow friends, could you guys state the pros and cons for this plan of ours?

Thanks and regards

the only cons is that u need to make sure u will stay in that country throughout the visa process; and u cannot go just with visit visa, either work or study permit valid at least 1 year

 

[canadianwoman]

My condition is kinda similar.

Wife is going back to Canada after marriage here in Asia.

I am planning to go to any European country with less processing time.

Admin, expert and fellow friends, could you guys state the pros and cons for this plan of ours?

Thanks and regards

I think it is a good idea for people from countries with absurdly long processing times. You need to enter the new country with a visa valid for a year or more. However, you do not have to wait a year to apply; you could apply right away, but it would be better to wait for a couple of months.
One con: the visa office can always decide that it would be better to process the application in your country of citizenship, and send it there. This has happened to several Nigerian acquaintances of my husband: they live in Malaysia, have the necessary one-year visa so applied via the Kuala Lumpur office. But the visa officers processing the files decided to send the applications to Accra, Ghana. Not only is the average processing time much longer in Accra, they also had to fly to Ghana from Malaysia for the interviews.

 

[saikatz]

OMG, then there is no point to apply by going to a third country. For my case, I have to leave my job in Dhaka, go to Europe and apply from their office in order to speed up the process (from 22 months to 7 months, Europe office vs. Singapore office).

@canadianwoman, could you please give us more detail about the people who had this problem? is it only the Malaysian visa office or you heard it from any other offices too?

Thanks and regards

 

[canadianwoman]

Hi. There are many Nigerians here in Malaysia that are applying for a PR visa. They want to be processed through Kuala Lumpur because 1. it is a lot faster than Accra, 2. the refusal rate in Accra is much higher than in KL, and 3. if there is an interview, going all the way to Ghana from Malaysia is a big hassle.
My husband knows a fair number of people who are doing this. Some of them got the PR processed in Kuala Lumpur, and some had their applications sent back to Accra. There is no obvious reason why some were sent back to Ghana. One thing we noticed, though, was that if the person applied right after entering Malaysia, his file was sent to Ghana. One friend of his who had been living in Malaysia for 6 years had no trouble getting his file processed in Kuala Lumpur. That is why I suggest you do not apply as soon as you get to the new country.
Of people I actually know, it has only happened here in Malaysia. But I think there have been similar cases on the forum.
It is not hopeless - some of them are successfully getting their PR application processed in Malaysia.

 

[saikatz]

Thank you for your time and suggestions.

Just wondering, if I go for a 1-year masters program to a third country, and wait for 2 months before applying, then practically i will have 10 months visa for that country but in the passport it will show a year visa, is that a favorable condition? Or by 1 year visa, it means after applying for PR, I should have enough visa to live further 1 year?

I am sorry for this complexities but I am kinda confused.

Thanks and regards

 

[canadianwoman]

It has to be a one-year visa - i.e., good for one year or longer. It doesn't matter when during that time you apply. So if you enter Germany, for example, on a one-year study visa, you could then apply for the Canadian PR visa one day after you got to Germany, or two months later, or 11 months later.
Now, you would have to be sure you'd be getting an extension on the visa allowing you to stay during processing, and also because of the interview. If you leave Germany during processing because your visa has expired, then are called for an interview and can't get back in, your application will fail.