Best way to have girlfriend in Canada with me...

[renrecl]

Good morning,
I would like to know what's the best procedure to have my girlfriend here. Here follows the details about myself, her, our relationship and alternative options (ask for more information if required)

Myself
- Italian, 32 years old
- Post-doctoral fellow (Skill level A) at the University of Toronto since 5 months with a temporary work visa for 2 years, which should be renewed since the contract will be at least 3 years
- Working in the biochemistry field, with a very good CV
- Salary of 35K/year

Her
- Venezuelan, 41 years
- Master's degree in accountancy
- Currently in Canada as visitor, but soon back at her country (VISA expired)
- She attended English course (ILSC) here in Toronto as prerequisite for admittance at the College (George Brown)
- She paid the college fee for the first semester and has the enrollment certificate from the College
- Two refusal for study permit applications, with the motivation that she cannot apply from within Canada and that she did not convince the CIC that she would leave Canada at the end of the authorized period.
- All this, despite the Regulations state that "Visitors may apply for a study permit from within Canada if they [...] have completed a course or program of study that is a condition for acceptance at a designated learning institution" and she has a document from the College stating that the English classes were a prerequisite for admittance!
- No properties or relatives in Canada

Relationship
- together for less than 12 months

Options
- We marry and she applies as a dependent of a temporary worker (Success rate? Delays?)
- I apply for permanent residence (under which program?), we marry and I sponsor her (Success rate? Delays?)
- She applies again for study permit, but from outside Canada (Success rate?)
- Hire a lawyer and ask for the best option (Does it help?)

Many thanks for the attention.
Any contribution will be appreciated!

 

[scylla]

Options
- We marry and she applies as a dependent of a temporary worker (Success rate? Delays?)
- I apply for permanent residence (under which program?), we marry and I sponsor her (Success rate? Delays?)
- She applies again for study permit, but from outside Canada (Success rate?)
- Hire a lawyer and ask for the best option (Does it help?)

1) To be approved, she will still have to prove that she will leave Canada at the end of the authorized period. If CIC doubted this before, they will likely doubt it even more once she has a husband in Canada.
2) Yes - you can include her in your application if you are married. If you have an approved LMIA, try looking at the FSW program (arranged employment stream).
3) See #1
4) Hiring a lawyer will not increase your chances of approval.

 

[jes_ON]

unfortunately, now that she has overstayed her visa, it looks like she has proven the VO right.

How long ago did her visa expire?

 

[renrecl]

I think that's not a big issue, since she asked for a extension of the visa and it was rejected.
As soon as she received the extension denial (last week), she booked a flight and she will leave next week.

 

[renrecl]

1) To be approved, she will still have to prove that she will leave Canada at the end of the authorized period. If CIC doubted this before, they will likely doubt it even more once she has a husband in Canada.
2) Yes - you can include her in your application if you are married. If you have an approved LMIA, try looking at the FSW program (arranged employment stream).
3) See #1
4) Hiring a lawyer will not increase your chances of approval.

Scylla, thank you very much for the advices.

 

[renrecl]

I talked with my boss and he told me that, in his experience, all his previous post-Docs have been able to bring their wives with an open work permit.

Does it make sense to you?

 

[prashanthbv]

Good morning,
I would like to know what's the best procedure to have my girlfriend here. Here follows the details about myself, her, our relationship and alternative options (ask for more information if required)

Myself
- Italian, 32 years old
- Post-doctoral fellow (Skill level A) at the University of Toronto since 5 months with a temporary work visa for 2 years, which should be renewed since the contract will be at least 3 years
- Working in the biochemistry field, with a very good CV
- Salary of 35K/year

Her
- Venezuelan, 41 years
- Master's degree in accountancy
- Currently in Canada as visitor, but soon back at her country (VISA expired)
- She attended English course (ILSC) here in Toronto as prerequisite for admittance at the College (George Brown)
- She paid the college fee for the first semester and has the enrollment certificate from the College
- Two refusal for study permit applications, with the motivation that she cannot apply from within Canada and that she did not convince the CIC that she would leave Canada at the end of the authorized period.
- All this, despite the Regulations state that "Visitors may apply for a study permit from within Canada if they [...] have completed a course or program of study that is a condition for acceptance at a designated learning institution" and she has a document from the College stating that the English classes were a prerequisite for admittance!
- No properties or relatives in Canada

Relationship
- together for less than 12 months

Options
- We marry and she applies as a dependent of a temporary worker (Success rate? Delays?)
- I apply for permanent residence (under which program?), we marry and I sponsor her (Success rate? Delays?)
- She applies again for study permit, but from outside Canada (Success rate?)
- Hire a lawyer and ask for the best option (Does it help?)

Many thanks for the attention.
Any contribution will be appreciated!

If you can hold on till January and wait for the Express Entry, she may qualify based on the points she gets for her masters and if she has job offer if not an LMIA, that would add too. I AM NOT SURE 100% . And For that she needs to get the required score in IELTS

 

[jes_ON]

As soon as she received the extension denial (last week), she booked a flight and she will leave next week.

That's good, that may help.

Ordinarily I would say that if you get married, chances would be very good to get the open work permit, but given the history of refusal, scylla might be right. You can but try...

FSW arranged employment may be the best option. You would have to work a full year to be eligible under the CEC class.

 

[scylla]

I talked with my boss and he told me that, in his experience, all his previous post-Docs have been able to bring their wives with an open work permit.

Does it make sense to you?

There's no guarantee (i.e. getting the open work permit is not a right). She can still be refused.