Obtaining Spouse Visa from UK or Sri Lanka

[razesh]

I live in United Kingdom at the moment and my girl friend lives in Canada as a permanent resident. I applied for the Study permit last month as a University Transfer student from UK to Canada but my Visa got refused due to the reason that they are not satisfied whether I will leave Canada after my studies in Canada. (I didn't mention any kind of bonds of mine with Canada)

So we planned to marry in this December in Sri Lanka or Canada. But since she is working as a part time worker and studying there we are not sure that she is eligible to sponsor me as spouse. But I have enough money to fund my self. I want to know how should I solve this problem and what decision to make in this December.

If Some one who knows the procedure in this issue it would be a great help for both of US in This situation. . .

 

[Leon]

As a PR in Canada, she can sponsor your for PR. She will not be subject to income requirements to sponsor a spouse but you do need to prove to immigration that your marriage is genuine.

As you are living in the UK with at least a one year visa I assume, you would be eligible to pick the UK to have your application processed. If you look at http://www.cic.gc.ca/english/information/times/international/05-fc-spouses.asp you will see that London is way faster than Colombo.

 

[razesh]

I got refused my study permit from the same Visa office which I have to apply for the spouse visa. will it be a problem since they have records of mine
as a study permit refusal. If he doesn't have to show funds for me in which way I should show funds for cost of living in Canada. There's no information provided in the Canadian immigration web site regarding the funding and the amount of funding...

 

[Leon]

They can refuse a study visa based on that you are likely to overstay but they can not refuse a spousal sponsorship PR based on that you will overstay because it is not possible to overstay a PR. They could however refuse sponsorship because they do not believe that the relationship is genuine.

As for funding, you really do not need any certain amount of funding to sponsor a spouse. They can deny a sponsor who is bankrupt or taking social assistance. Other than that, your sponsor is working at least part time and so can you along with your studies. You should be fine.

If you prefer, you can have your case processed in Colombo but it will take longer.