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yossiradu

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Jul 21, 2019
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Hi everyone,
I haven't had time to read all the postings and I am sure that my question or most of my questions have already been answered but everyone is unique and that's why I am here.

I am a dual national, born in the USA but gained Canadian citizenship through my Canadian mother who adopted me a year before she became a US citizen.

I live in the USA and have always lived in the USA but visit Canada very frequently.

So, the reason for my post is that my fiancé and I will be going to Vancouver in October to get married. Yea!
My fiancé is from Venezuela and I know he needs a passport. His passport will expire in March 2020. In October that will give him 6 months validity on his passport.

Now, I have read it has to be valid for 6 months, and I have read it has to be valid for just the length of the visit which should be about 10 days. I will be providing him more than enough cash to cover the trip and he already has a credit card in his name on my account.

So my question is, do I ask for a visitor visa and then since I am applying for my fiancé - since I am a Canadian citizen and then have him appear at the Embassy or Consulate in Peru where he is living to give his passport and be interviewed give biometrics etc any additional documentation required pay fees etc. or I have also heard that the visitor visa has been discontinued and we need to apply to sponsor our "fiancé, family members" now.

I'm confused
 
Your fiancé would need to apply for a TRV. Since you don’t live in Canada not sure if could include an invitation letter. Unfortunately his chances of getting a TRV are very low. With a Venezuelan passport it will be assumed that he will want to claim asylum and he will have difficulty showing strong ties to Venezuela to prove that he will return given that he is living in Peru. Not sure what his status is in Peru which may be also be an issue.
 
Canada has no fiance visa. He needs to apply for a TRV (tourist visa) if he wishes to come to Canada to get married here.

To be approved for a TRV, he will need to show that he has extremely strong ties to his home country (e.g. employment, property, assets) and has no plans on remaining in Canada long term.

Agreed it's probably going to be difficutl to obtain a TRV give the current situation in Venezuela - unless he has extensive past travel to countries requiring visas.

Don't pre-pay anything for the wedding or make any concrete plans until his visa has been approved. You may end up needing to change your plans.
 
Does he have permanent residence in Peru, or has he been displaced to Peru because of the situation in Venezuela ?
In a nutshell it will be extremely difficult for him to get a TRV into Canada, in addition to holding a Venezuelan passport that is about to expire
 
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According to the requirements, he would need to prove employment, assets, bank accounts, and all of these he has. He has an apartment, he has a job, he has a bank account all in Peru under his name. There would be no reason he would want to stay in Canada.
Not only that especially if on his application it shows that he is coming to get married, he would have every right to stay because I will be at the airport before him waiting outside immigration to ensure that if there is any question they can come out and ask me. I will be there and I can show them my Canadian citizenship, my SSI, my Canadian passport, etc. Once we are married, it really shouldn't make any difference, he would be protected by being married to a Canadian citizen, correct? and if I ask for a change in status...?
 
He sought asylum after moving to Peru. I paid for him to leave Venezuela and move to Peru to be with his sister and start a new life. I have been supporting him financially until he got his job and started making his own money. I continue to support him financially. He is in the country legally and has permission to be in the country legally. It is renewed each year
 
With regards to the passport, he CAN get it renewed, my question was, is it necessary to get it renewed before the trip to meet visa requirements.
 
He sought asylum after moving to Peru. I paid for him to leave Venezuela and move to Peru to be with his sister and start a new life. I have been supporting him financially until he got his job and started making his own money. I continue to support him financially. He is in the country legally and has permission to be in the country legally. It is renewed each year

The fact that he doesn’t have permanent residency and he has to renew it each year doesn’t create strong ties. The fact that you are supporting him and he likely doesn’t have lots of savings (over 10K) will be an issue. He has to show that he can support his own travels to get a TRV. Your savings need to make sense based on your income.
 
According to the requirements, he would need to prove employment, assets, bank accounts, and all of these he has. He has an apartment, he has a job, he has a bank account all in Peru under his name. There would be no reason he would want to stay in Canada.
Not only that especially if on his application it shows that he is coming to get married, he would have every right to stay because I will be at the airport before him waiting outside immigration to ensure that if there is any question they can come out and ask me. I will be there and I can show them my Canadian citizenship, my SSI, my Canadian passport, etc. Once we are married, it really shouldn't make any difference, he would be protected by being married to a Canadian citizen, correct? and if I ask for a change in status...?

Think you misunderstood some of the requirements. He needs to show longterm good employment. If his salary levels are relatively low versus what he could make in Canada there could be a good reason to stay in Canada. He also doesn’t have property that he owns which would be much better ties than an apartment rental. All these things could be easily abandoned.

The biggest misunderstanding is that your status secures his status. He will be entering like any other visitor. The fact that you have said he is entering to get married would create concerns that you both are planning to remain in Canada longterm and once you get married you will sponsor him inland. Although this is legal Canada tries to prevent people from doing this and tries to make people sponsor people outland. Unfortunately I expect his TRV will be refused. As @scylla advised, you should not book anything until you hear about his TRV. Would also think about a plan B.
 
He sought asylum after moving to Peru. I paid for him to leave Venezuela and move to Peru to be with his sister and start a new life. I have been supporting him financially until he got his job and started making his own money. I continue to support him financially. He is in the country legally and has permission to be in the country legally. It is renewed each year

If he has asylum status in Peru, there's unfortunately pretty much zero chance a TRV to Canada is going to be approved. By all means he should try applying for the TRV. However you should be prepared for a refusal and consider where you will get married if Canada isn't an option.
 
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Not only that especially if on his application it shows that he is coming to get married, he would have every right to stay because I will be at the airport before him waiting outside immigration to ensure that if there is any question they can come out and ask me. I will be there and I can show them my Canadian citizenship, my SSI, my Canadian passport, etc. Once we are married, it really shouldn't make any difference, he would be protected by being married to a Canadian citizen, correct? and if I ask for a change in status...?

If the application shows he's coming to Canada to get married, that will probably guarantee refusal.

Being married to a Canadian doesn't actually give him any rights in Canada. He'll still only be classified as a visitor.

You would need to sponsor him for permanent residency once you are married. This process will take approximately one year. Once is approved and is a permanent resident, he will have the right to remain in Canada.

If he wants to remain in Canada while the PR application is processed, you would apply to sponsor him inland (inland requires both of you to be in Canada and requires both of you to continue living to gether in Canada for the year it takes for the application to be processed). If you apply to sponsor him inland and include an open work permit, he can remain in Canada until a decision in the application is made.
 
With regards to the passport, he CAN get it renewed, my question was, is it necessary to get it renewed before the trip to meet visa requirements.

If the plan is to sponsor him for PR once he's in Canada and you are married, then he should definitely renew his passport. He will need a valid passport to get PR and processing will take beyond March 2020.
 
Although renewing a passport when you’ve already claimed asylum could prove to be detrimental to any claim or future travels.
 
According to the requirements, he would need to prove employment, assets, bank accounts, and all of these he has. He has an apartment, he has a job, he has a bank account all in Peru under his name. There would be no reason he would want to stay in Canada.
Not only that especially if on his application it shows that he is coming to get married, he would have every right to stay because I will be at the airport before him waiting outside immigration to ensure that if there is any question they can come out and ask me. I will be there and I can show them my Canadian citizenship, my SSI, my Canadian passport, etc. Once we are married, it really shouldn't make any difference, he would be protected by being married to a Canadian citizen, correct? and if I ask for a change in status...?
 
And if I decided to remain in Canada and get him protected status as a Canadian citizen and him as my husband, does that account for nothing?