Please Advise: Student Visa application with soon to be spouse

[monsieurd]

Hello, I will be applying next month for my student visa for my Masters program (which starts in January). I would like to apply for it with my fiancee as a dependent. We are getting married in December. As such at the time of my application, she is officially not yet married to me. However, I don't want to wait till December to apply as I would have an extremely short runway to get documentation, visa etc sorted before school starts.

What is the best way to go about this? Thanks

 

[AishB]

Hello, I will be applying next month for my student visa for my Masters program (which starts in January). I would like to apply for it with my fiancee as a dependent. We are getting married in December. As such at the time of my application, she is officially not yet married to me. However, I don't want to wait till December to apply as I would have an extremely short runway to get documentation, visa etc sorted before school starts.

What is the best way to go about this? Thanks

Might really depend on which country you are from. You might add your fiancé as a common law partner if you guys stayed together for a considerable amount of time.
Might have to show proof of relationships and possibly added funds to support both of you.
Or you might have to add your fiancé after marriage with the marriage certificate.

Might want to check with senior members here.

 

[scylla]

Hello, I will be applying next month for my student visa for my Masters program (which starts in January). I would like to apply for it with my fiancee as a dependent. We are getting married in December. As such at the time of my application, she is officially not yet married to me. However, I don't want to wait till December to apply as I would have an extremely short runway to get documentation, visa etc sorted before school starts.

What is the best way to go about this? Thanks

You can only include your fiancee in the application if you either get married before you submit the application or if you have lived together for one full year continuously before you submit the application (then you can include your fiancee as a common law partner). Otherwise you cannot include your fiancee and your fiancee will have to apply for a visa separately after you get married in December.

 

[monsieurd]

Might really depend on which country you are from. You might add your fiancé as a common law partner if you guys stayed together for a considerable amount of time.
Might have to show proof of relationships and possibly added funds to support both of you.
Or you might have to add your fiancé after marriage with the marriage certificate.

Might want to check with senior members here.

Appreciate your response

 

[monsieurd]

You can only include your fiancee in the application if you either get married before you submit the application or if you have lived together for one full year continuously before you submit the application (then you can include your fiancee as a common law partner). Otherwise you cannot include your fiancee and your fiancee will have to apply for a visa separately after you get married in December.

Thanks. I am trying to avoid a separate application. I saw something scary about 12 months for spousal sponsorship. That is like forever. I dont want to travel without her. I am building off your response and I found this 2 possible options:

1st option) She could apply for a visitor visa. I presume that would have to be after I get my student visa? I would like her to have her visitor visa ahead of time so we can travel together. Would she be able to apply immediately I have mine? And while I have not yet entered Canada?

2nd option) We apply under conjugal relationship. I read about it and it seems similar to common law. We would have been living together if not for covid travel restrictions, and we have done cultural engagement ceremonies. What do you think? Can I apply for my student visa with her as a conjugal partner?

Thanks.

 

[scylla]

Thanks. I am trying to avoid a separate application. I saw something scary about 12 months for spousal sponsorship. That is like forever. I dont want to travel without her. I am building off your response and I found this 2 possible options:

1st option) She could apply for a visitor visa. I presume that would have to be after I get my student visa? I would like her to have her visitor visa ahead of time so we can travel together. Would she be able to apply immediately I have mine? And while I have not yet entered Canada?

2nd option) We apply under conjugal relationship. I read about it and it seems similar to common law. We would have been living together if not for covid travel restrictions, and we have done cultural engagement ceremonies. What do you think? Can I apply for my student visa with her as a conjugal partner?

Thanks.

1) Sure. She can try that. She can apply for a TRV at any time, even now. She will need to qualify on her own merits and will want to demonstrate ties to her home country (e.g. employment, assets) to demonstrate she has no plans on remaining long term, proof she has funds to cover her travel to Canada, and also evidence of previous travel to countries requiring visas if she has any (e.g. US, UK). Her application for the TRV will have nothing to do with your study permit application since you aren't married yet.
2) No. This has zero chances of working. Conjugal is a special category that only applies where marriage and/or common law is literally impossible. There is nothing stopping you from getting married, so no chance IRCC would accept you as a conjugal couple. Also, for the purposes including her a as a dependent in your study permit application, you must either be common law or married.

 

[canuck78]

Thanks. I am trying to avoid a separate application. I saw something scary about 12 months for spousal sponsorship. That is like forever. I dont want to travel without her. I am building off your response and I found this 2 possible options:

1st option) She could apply for a visitor visa. I presume that would have to be after I get my student visa? I would like her to have her visitor visa ahead of time so we can travel together. Would she be able to apply immediately I have mine? And while I have not yet entered Canada?

2nd option) We apply under conjugal relationship. I read about it and it seems similar to common law. We would have been living together if not for covid travel restrictions, and we have done cultural engagement ceremonies. What do you think? Can I apply for my student visa with her as a conjugal partner?

Thanks.

Currently your future spouse will get stuck in a huge backlog of TRVs because she does not meet thr travel exemptions. It will be pretty difficult to get an OWP (right permit) or even a TRV to get to Canada at least weeks two before your studies start in January if you get married in December. Due to vacations processing times are usually slower in the last part of December. If you leave, your spouse will need special authorization to travel to Canada if she gets approved for a TRV.