Marrying and sponsoring girlfriend while she's visiting Canada

[rsolanjo]

Hi everybody,

I really need some help here. Could you guys please help me ? ;D

I am permanent resident in Canada. I have been living in Canada for 28 months ( Montreal )

My history:

I met a girl in 2009 before came to Canada (We have a lot of friends in common). We have a very short relationship (few days), but we became friends after that. We always were in contact by Internet tho. In my last visit to Brazil (last October) we met again and now our feelings is stronger and we want to try a life together.

She is planning to come to Canada to study English for 6 months and if everything goes well. We are ready to get married before her 6 months visa get expired. After that we are planning starting the spousal sponsorship process inland for her be able waiting the process here with me. (I can provide financial support)


My questions:

- She is Brazilian, but she has a Portuguese passport. Does she need visa to study English here for 6 months ?
- Do we doing something illegal ?
- Do you think we gonna have any problem proving that our relationship is legitimate ? We do not have many pictures, around 5. But we "facetime" each other every night and text 50 times a day.
- How long should we wait to get married after she arrival in Canada as visitor/student and start the sponsorship process ?
- Is it possible get a visa extension for her before get married ? If yes, under which justification ?


Thank you so much !!

 

[amikety]

1) No one can answer that. We don't know her English skills or her overall education plans. However, it if its just a ploy to get into Canada, it's one CIC has seen before.

2) No. You are both allowed to get married. After the marriage, you are allowed to sponsor your spouse.

3) I only included 11 for a two year relationship. If you live together while she's studying, open a joint bank account, add her to your benefits at work, this will show lots of proof too. Pictures are only 1 part of the puzzle.

4) Depending on your province, it can take 3-4 months to get a complete application. If you're planning to apply "Inland" you should "decide" to get married and have the ceremony fairly quick.

5) You can ask for a visitor visa or another study permit if she enrolls into another course. However, there's no guarantee she will get either.

Is she going to enter on her Portuguese passport? That's visa exempt (visitor visa, she still needs the study permit). That will make life a lot easier for you.

 

[rsolanjo]

Thank you so much !

4) You are saying that we have to get married in the first 2 months, right ?

- About the passport, Can she enter and request the permanent visa in her Portuguese passport instead using the Brazilian one ?

- My idea is live with her for 5 months, get married and request a visa extension saying that we gonna apply for the sponsorship process. Do you think that it is a good strategies ?

 

[amikety]

If she holds both, make the Portuguese the primary. Portugal is visa exempt, like the USA and the UK. It will be a lot easier for you.

With a visa exempt passport, asking to stay longer as a visitor shouldn't be a problem. She can file for an extension online or flagpole at the US border. If she does it online, she'll get a Visitor's Record. She could get one at the border too - or just another passport stamp, good for 6 months.

Online it has places for her to explain her plans. She'll be able to write "My boyfriend and I have decided to get married. He'll file for sponsorship after the wedding." Much easier. She will need to show some proof of financial support. You can help her by providing support. For my extensions, I've used my husband's paystubs. (I've been a visitor since July 2011, on my 3rd extension.)

Basically, visa exempt passport holders are from other wealthy countries, so there's little fear of overstay. As long as you follow the rules and give good explanations, she will be allowed to stay. (Okay, there's always a chance you'll get the jerk VO but it's rare.) Then you can take things more at your own pace. You could also consider filing outland for the PR - it might be faster.

 

[rsolanjo]

Thank you for you reply. You are helping me a lot.

What is you opinion about that:

She will arrive in July 2013 and she can stays 6 months ( maximum ) without any visa extension, right ?

If she stay as visitor for 2 months and then starts studying English in September 2013 in a 6 months English course program.

Can she use that as explanation for request a visa extension ? " My visa expires in January 2014, but my course finishes in March 2014. I need a vista extension to finish my English course."

Do you think it will work ?

Thank you

 

[amikety]

Thank you for you reply. You are helping me a lot.

What is you opinion about that:

She will arrive in July 2013 and she can stays 6 months ( maximum ) without any visa extension, right ?

If she stay as visitor for 2 months and then starts studying English in September 2013 in a 6 months English course program.

Can she use that as explanation for request a visa extension ? " My visa expires in January 2014, but my course finishes in March 2014. I need a vista extension to finish my English course."

Do you think it will work ?

Thank you

If she's planning to enter as a student, she'll be issued a study permit for the length of her studies. Then she can apply to extend it if she has new courses or change to a visitor.

Now, study permits aren't for part time studies or studies lasting less than six months. Studies less than six months are exempt from study permits. (I know from experience. A very annoying and painful experience.)

She can probably enter as a visitor and apply to extend her stay as a visitor. If she has a clean background, CIC will most likely allow her to remain as long as it makes sense - she has a valid reason and funds to support herself. CIC decided I had valid reason when I told them I was going to get married as soon as we had saved enough money and provided copies of my husband's paystubs (then boyfriend). It's a lot easier for a visa exempt passport holder.

She can apply for a study permit if she wishes or the course is full time. It costs $150 CAD.

 

[AnaMaria]

If she plans to enroll in a class for less than 6 months, she does not need study permit.

I would strongly advise not to get married that soon. You've only met her twice (right?). You should develop your relationship before getting married and applying. Quick marriage is a red flag.

 

[rsolanjo]

Thank you Ana Maria and Amikety.

I know about "quick marriage", that's the reason we are planning live together here for 6 months, extend her visa for other 6 months and get married in the eighth month since her arrival here. What do you guys think about it ?

- In the first six months she wants study English in a full time English course program, she does not need a visa for that, right ? Since she has a Portuguese passport.

- BUT If CIC does not extend her visa for more 6 months ? That's I am afraid of. Do you guys have a good explanation for me send to CIC to justify the extension ? (Btw: She is 23, but she has money in the bank and I have a good job)

Resuming: Studying for 6 months in a full time english program, extending her visa for 6 months as visitor (no studying anymore) and then get married until her extension get expired. Sounds a good plan ?

Thank you so much !!!

 

[amikety]

Thank you Ana Maria and Amikety.

I know about "quick marriage", that's the reason we are planning live together here for 6 months, extend her visa for other 6 months and get married in the eighth month since her arrival here. What do you guys think about it ?

- In the first six months she wants study English in a full time English course program, she does not need a visa for that, right ? Since she has a Portuguese passport.

- BUT If CIC does not extend her visa for more 6 months ? That's I am afraid of. Do you guys have a good explanation for me send to CIC to justify the extension ? (Btw: She is 23, but she has money in the bank and I have a good job)

Resuming: Studying for 6 months in a full time english program, extending her visa for 6 months as visitor (no studying anymore) and then get married until her extension get expired. Sounds a good plan ?

Thank you so much !!!

I'm also visa exempt, from the USA. I was rather honest with CIC. When I asked for my extension, I told them my boyfriend and I were saving money to get married.

She should use a combination of the truth and what she's comfortable sharing.

 

[rsolanjo]

Perfect.

So did you ask for an extension before get married ?

 

[amikety]

Perfect.

So did you ask for an extension before get married ?

I had two extensions before getting married and one afterwards. They were 6 months, 1 year, and 14 months in order.

 

[rsolanjo]

That's very good !!

Did you justify it only saying that you were planning getting married ? Same explanation twice ?

Sorry bother you

 

[amikety]

That's very good !!

Did you justify it only saying that you were planning getting married ? Same explanation twice ?

Sorry bother you

It's no bother at all

My first two extensions, I told CIC we were still saving for the wedding. The last, we had gotten married and waiting on my FBI clearance, so that's what I put in my application.

I have no clue as to what made CIC decide my applications were valid and granted them, other than I have a clean background (no criminal activitiy, pay taxes on time, etc). I also provided copies of my husband's paystubs, which I guess they took to be good enough proof I had a real Canadian boyfriend and he was supporting me.

 

[rsolanjo]

Thank you so much !!!

I really appreciated.