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Study Visa Rejected, Next Options All Include Marriage... Thoughts?

t_topcat

Member
Sep 26, 2018
17
1
My story comes with a lot of bias and judgement from family, friends and strangers. I met my fiancé online in August of 2017. He's in Nigeria and I'm in Canada. He's now 24 and I'm 40. For those of you who have red flags, don't worry about it - I know this is a genuine relationship for reasons that I won't explain. Just know that I'm integrated into his life, with his family and his business (I just thought I should get that out there). There's no way this is not a genuine relationship.

For a number of months we were just friends but we became closer over time and I flew to Lagos, Nigeria to meet him and his sister in March 2018. We spent 10 days together and were able to talk about a lot of important things. Again, our relationship continued to progress and in July/August 2018 we met in Dubai for 11 days, where he proposed to me. When he returned to Nigeria he applied for a study visa to attend a local college in my city, as he was accepted to start in January 2019. This would have been our opportunity to live together, get to know each other better, and take our time to get married while he was in school. My finances would be the majority of the funding for his education, and he'd live at my house. Apparently there was no problem with the financial aspect of the application - the study visa was rejected because the Immigration Officer thought there wasn't enough reason for my fiancé to return home at the end of the two years. He has a federally registered business that he runs. I'm a shareholder in the business along with him, his sister and parents. We had letters from his family and board members about his return to work after the 2 years of school, and letters from my parents and a friend showing the relationship is genuine. The college diploma is relevant to his business. Unfortunately, with hindsight, we think we were too honest about our relationship and that was the cause of the rejection. I'm ordering the officers notes, so we'll see.

So, moving forward we see limited options if we want to further develop our relationship together in Canada: 1) Re-apply for another study visa to start school in September 2019 but nothing in our application has changed. We can't repackage the information too much or that would be misrepresentation. 2) Apply for a visitor visa, get married when he's visiting me in Canada and apply for inland spousal sponsorship right away. But until he gets PR he can't work unless he gets an open work permit (question: what are the odds of this request being rejected?), he can't go to school (or can he?) and if the application for sponsorship is rejected there's no chance of appeal. We get to live together for a year in Canada but if he's rejected our relationship is over and we have to deal with a divorce quick-like before he leaves the country (question: how long does he have to leave the country? is there enough time to get divorce papers filed?). 3) Get married as soon as possible overseas (Nigeria or another country), then I return home to Canada and apply for outland spousal sponsorship. This takes a year and we are apart during that time. But, at least if it's rejected, we can appeal it.

I'd like to hear people's thoughts... It will be very hard for us to get a visitor visa - they don't easily issue those to Nigerians anymore. Since his business is a gym, we are planning to buy tickets to a local fitness expo and to set up interviews with gym managers while he's here. We also plan to get letters from his local church about the volunteering he does and that they expect him to return to those responsibilities after the visit to Canada.

What are the chances of my inland spousal sponsorship being rejected? This is a lot to go through if I'll just be divorced in a year. To note: We wouldn't have a big wedding if we went the inland or outland route - a small civil ceremony and we may not even have any friends or family if we choose to do it in another country. How will all this impact the application? I'm really perplexed at how personal and cultural bias of the Immigration Officer comes into play - if we choose not to have a cultural or religious ceremony it seems we can be rejected because a stranger thinks we should have gotten married differently.

Thank you for your time.
 
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mikeymyke

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The study visa was rejected likely because they feel he's using it mostly to be with you and not for studying. Re-applying for another one likely will be rejected as they already have you as a girlfriend/fiance on file from the previous application, and nothing's changed. Same goes for the visitor visa, as he's already got a rejected study visa, the visitor visa will likely be refused as he's already had one failed attempted entry.

The best option really would be to just get married in his country. You would also get the benefit of his family being there and can attend the wedding. Note that CIC would likely expect that you get married based on the norms and traditions of that country, and the parents/family should be there. There's really no reason for them not to attend unless they're against the marriage. If you choose to get married via court, you might get scrutinized and will have to provide a very good reason for not doing so.

As far as your family and friends casting negative views towards this relationship, obviously no one knows your fiance better than you do, but at the same time, marriage fraud is quite common in Nigeria, and you should do your due diligence and ensure it's a genuine relationship. Red flags would include if he's attempted to immigrate to Canada before, had another foreign girlfriend before, family repeatedly asking if they can be sponsored after your fiance becomes a PR, etc. We all should be free to marry whomever we want, but at the same time, we as sponsors need to be smart and not naive, and be able to spot if something's wrong.
 
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jomz

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16-05-2014 inchallah
...,and if the application for sponsorship is rejected there's no chance of appeal. We get to live together for a year in Canada but if he's rejected our relationship is over and we have to deal with a divorce quick-like before he leaves the country (question: how long does he have to leave the country? is there enough time to get divorce papers filed?).

Thank you for your time.
My question is, why would you be divorcing if the sponsorship is denied?
 
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mikeymyke

Guest
Note that if you mention in the interview that if the sponsorship is denied that you guys will be divorcing, the application will be refused. They expect married couples to do everything to stay together and not marry just for immigrating to one country. As hard as it sounds, the expectation is that if he is refused PR to Canada, you should be willing to move to Nigeria and live with him there.

Also you mention your relationship is super genuine, but I kind of doubt that if you just said you will divorce him if he's refused PR here. Before I married my wife, I had to evaluate the possibility of living in Vietnam if she's denied PR, and I decided I'd be willing to do it. If it's 100% not a possibility, I wouldn't marry her. Marriage is a committment, and committment also means you should be willing to live in his country if he can't be here.
 
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t_topcat

Member
Sep 26, 2018
17
1
My question is, why would you be divorcing if the sponsorship is denied?
What are the other options? Live apart in different countries for the rest of our lives? I have a good job here and I want to live in the same house as my husband. I'm just trying to be realistic...
 

jomz

Hero Member
May 3, 2011
722
51
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
06-11-2013
AOR Received.
28-11-2013
File Transfer...
04-12-2013
Med's Done....
19-08-2013
Interview........
25-03-2014
VISA ISSUED...
26-03-2014
LANDED..........
16-05-2014 inchallah
Seems like this marriage is based on the possibility/probability of obtaining PR status by the husband. Not much of a real, genuine marriage in all honesty.

As for red flags, you seem to have them all. May I ask why your fiancé was doing before he met you? Was this business opened with your contribution or was it prospering before you two met? This will make a g
 
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t_topcat

Member
Sep 26, 2018
17
1
Note that if you mention in the interview that if the sponsorship is denied that you guys will be divorcing, the application will be refused. They expect married couples to do everything to stay together and not marry just for immigrating to one country. As hard as it sounds, the expectation is that if he is refused PR to Canada, you should be willing to move to Nigeria and live with him there.

Also you mention your relationship is super genuine, but I kind of doubt that if you just said you will divorce him if he's refused PR here. Before I married my wife, I had to evaluate the possibility of living in Vietnam if she's denied PR, and I decided I'd be willing to do it. If it's 100% not a possibility, I wouldn't marry her. Marriage is a committment, and committment also means you should be willing to live in his country if he can't be here.
Fair enough. This is something for me to think about... Our future plan is actually for me to move to Nigeria with him down the road (e.g. when I retire and he still has time to work). If I left my job now we wouldn't be able to afford to live in Lagos. It's a very expensive city. The Government of Canada says I should only safely go to three cities in Nigeria... In March just before my visit to Nigeria, three American's/Canadians were kidnapped... it's not that easy for a white female to just hop on a plane and move there. There are many considerations in this situation.
 

jomz

Hero Member
May 3, 2011
722
51
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
06-11-2013
AOR Received.
28-11-2013
File Transfer...
04-12-2013
Med's Done....
19-08-2013
Interview........
25-03-2014
VISA ISSUED...
26-03-2014
LANDED..........
16-05-2014 inchallah
What are the other options? Live apart in different countries for the rest of our lives? I have a good job here and I want to live in the same house as my husband. I'm just trying to be realistic...
If it’s a genuine marriage there always are other options. As Mikey mentioned you can live in Nigeria, or you both can immigrate to a 3rd country.

So are you saying that your good job is more important than living with someone you claim to love ?
 

t_topcat

Member
Sep 26, 2018
17
1
Seems like this marriage is based on the possibility/probability of obtaining PR status by the husband. Not much of a real, genuine marriage in all honesty.

As for red flags, you seem to have them all. May I ask why your fiancé was doing before he met you? Was this business opened with your contribution or was it prospering before you two met? This will make a g
I know exactly what he was doing before he met me and how he opened the business... this is not a part of my question.
 

jomz

Hero Member
May 3, 2011
722
51
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
06-11-2013
AOR Received.
28-11-2013
File Transfer...
04-12-2013
Med's Done....
19-08-2013
Interview........
25-03-2014
VISA ISSUED...
26-03-2014
LANDED..........
16-05-2014 inchallah
Fair enough. This is something for me to think about... Our future plan is actually for me to move to Nigeria with him down the road (e.g. when I retire and he still has time to work). If I left my job now we wouldn't be able to afford to live in Lagos. It's a very expensive city. The Government of Canada says I should only safely go to three cities in Nigeria... In March just before my visit to Nigeria, three American's/Canadians were kidnapped... it's not that easy for a white female to just hop on a plane and move there. There are many considerations in this situation.
Granted, I do understand. But look into other options, such as immigrating to a 3rd country, Australia or a country in European Union. If you are a professional with skills in demand you may secure a job in the Middle East where your husband can get a dependent visa
 

t_topcat

Member
Sep 26, 2018
17
1
If it’s a genuine marriage there always are other options. As Mikey mentioned you can live in Nigeria, or you both can immigrate to a 3rd country.

So are you saying that your good job is more important than living with someone you claim to love ?
Well, I'm looking for suggestions on other options... There's not a lot of other countries that easily take in Nigerians and that have opportunities for work in my field. I feel like I've hit a roadblock and I'm reaching out for help...
 

BertlCamus

Star Member
Sep 26, 2017
115
36
One approach to consider may be to gain common law status by living together continuously for one year. May not be possible in Canada, but perhaps in Nigeria. I think that would resolve some red flags in a better way than marrying.
 

t_topcat

Member
Sep 26, 2018
17
1
The study visa was rejected likely because they feel he's using it mostly to be with you and not for studying. Re-applying for another one likely will be rejected as they already have you as a girlfriend/fiance on file from the previous application, and nothing's changed. Same goes for the visitor visa, as he's already got a rejected study visa, the visitor visa will likely be refused as he's already had one failed attempted entry.

The best option really would be to just get married in his country. You would also get the benefit of his family being there and can attend the wedding. Note that CIC would likely expect that you get married based on the norms and traditions of that country, and the parents/family should be there. There's really no reason for them not to attend unless they're against the marriage. If you choose to get married via court, you might get scrutinized and will have to provide a very good reason for not doing so.

As far as your family and friends casting negative views towards this relationship, obviously no one knows your fiance better than you do, but at the same time, marriage fraud is quite common in Nigeria, and you should do your due diligence and ensure it's a genuine relationship. Red flags would include if he's attempted to immigrate to Canada before, had another foreign girlfriend before, family repeatedly asking if they can be sponsored after your fiance becomes a PR, etc. We all should be free to marry whomever we want, but at the same time, we as sponsors need to be smart and not naive, and be able to spot if something's wrong.
Thank you... this is the kind of input I was looking for :) To note I have none of those red flags. If we get married in Nigeria it will have to be in a city where his family does not live. I cannot travel to his small town due to GOC travel advisories... so, I will have to pay for all of it... his family to travel, the ceremony, accommodation for everyone...
 
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mikeymyke

Guest
Yes that's another option too, if you can afford to do so. Live with him for 1 year continuously and you can apply as common-law. There's far less proof of genuine relationship that way.
 

jomz

Hero Member
May 3, 2011
722
51
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
06-11-2013
AOR Received.
28-11-2013
File Transfer...
04-12-2013
Med's Done....
19-08-2013
Interview........
25-03-2014
VISA ISSUED...
26-03-2014
LANDED..........
16-05-2014 inchallah
My husband and I had some red flags as well. You have to eliminate as many as you can before you apply.

1. Age... that’s a given, nothing can be done with that
2. Culture ... try to find similarities even though I’m sure your upbringing was much different.
3. Marital status... if you’ve never been married or in common law relationship that’s ideal. If you are divorced you need to address why a never married 24 yo would want to marry a divorcée. If you have kids, depending on age may become an issue for the officer.

4. Wedding. Do not marry outside of the cultural norms, put in whatever money is needed for a proper traditional Nigerian wedding.

5. Kids... are you planning any in your future with your husband. If not, this could be an issue for the officer as well.