Regarding Sister

[Hasher]

Hi Folks

My Sister living in Pakistan is 51 years old, she is MA economics and currently doing PHD, she has 20 years of working experience in Govt. as Social welfare and Women development officer. She is single and among our all family she is only left in Pakistan. Now kindly suggest what can be done for her.

we have enough money to start family business like fast food resturant in Calgary or Winninpeg.
Ask her to apply for Phd program in any of the Canadian University in MA economics
Apply PNP from Manitoba in Family class.

Just to inform we applied for Visit Visa for her but denied by replying that she do not have strong tie to return, she showed her property and job though.


please advice

best regards

 

[scylla]

I think it's extremely unlikely she would be approved for a student visa. To be approved, you must demonstrate that you are a genuine student and have no plans to remain in Canada long term. The fact that she has already been refused for a visit visa and her age pretty much makes it definite that CIC will not see her as a genuine student.

I would try one of the provincial nominee programs instead.

 

[Hasher]

Thanks Scylla,

Can you (or any member) elaborate what could be the way forward for PNP, i.e shall we go for resturant business or PNP manitoba, unfortunately she has age more than 49 yrs and that bothers me. She passed IELTS with 6.5 average but still I don't know if her 51yrs of age could be a road block.

One more thing, if my sister married to one of my younger brother father in law, can she get the Supervisa as parent of my brother's wife or step mother cannot be part of super visa?

please reply

 

[scylla]

One more thing, if my sister married to one of my younger brother father in law, can she get the Supervisa as parent of my brother's wife or step mother cannot be part of super visa?

What you are proposing is marriage fraud - which is illegal and a crime. Don't do this. It may very well create far more problems for your sister than it solves.

You should post your PNP questions to the Provincial Nominee section of the forum.

 

[Hasher]

Scylla

Interesting to know it could be Fraud, but on what ground as this marriage would take place this year. My sister 51 yr single and my brother mother in law passed away in 2009 due to Gallblader Carcinoma. The Father in law age 59 yr proposed my sister just recently but my sister asked for some time to reply.

Now if they got married what could be the problem, their marriage will not be a fraud, not just for immigiration. I am not sure if step mother is allowed for Supervisa or not but it can only be crime if marriage is fraud. Yes, immigiration can see her application as suspectible and she can be refused, but same can happen in case of PNP as her age factor is exceeding the limit.


One more question arises from this issue that planning a legal marriage to come to Canada is crime or not, what I mean if a women married a man or vise versa so as she/ he can go to Canada is anyway fraud or crime under the law or immigiration. One of my cousin married to our relative to go to US and he just landed to live with his wife in US, he planned to land in US so he married little bit over age widow women. All our relatives are saying he did wrong but I don't think he commit any crime.


Anyone, please reply

 

[zardoz]

One more question arises from this issue that planning a legal marriage to come to Canada is crime or not, what I mean if a women married a man or vise versa so as she/ he can go to Canada is anyway fraud or crime under the law or immigiration. One of my cousin married to our relative to go to US and he just landed to live with his wife in US, he planned to land in US so he married little bit over age widow women. All our relatives are saying he did wrong but I don't think he commit any crime.


Anyone, please reply

Yes, marriage for the purpose of gaining immigration status is treated as fraud in Canada. http://www.cic.gc.ca/english/information/protection/fraud/marriage.asp and http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-3.html#h-3

 

[scylla]

One more question arises from this issue that planning a legal marriage to come to Canada is crime or not, what I mean if a women married a man or vise versa so as she/ he can go to Canada is anyway fraud or crime under the law or immigiration. One of my cousin married to our relative to go to US and he just landed to live with his wife in US, he planned to land in US so he married little bit over age widow women. All our relatives are saying he did wrong but I don't think he commit any crime.

Yes - this is a crime. If the US discovers what your cousin has done, his green card status will be revoked, he will be deported from the US and he will receive a permanent ban (i.e. he will never be allowed to enter the US again for the rest of his life). The US treats misrepresentation very seriously and it is a life-time ban for those who are caught.

As zardoz has explained, this type of behaviour is a crime in Canada as well. CIC will be very suspicious when they see your sister marry a family member and then promptly apply for a super visa.

 

[Leon]

scylla is right. Just because you don't think someone broke the law or that you don't know there is a law doesn't mean that there isn't one. Here is an article about marriage fraud and consequences in the US: http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter1-9.html so if your relative gets caught, his green card is gone and he will be deported.

Not to say that you can not marry someone for real even when there are benefits on the side. I once heard an older lady say that in her day, many young women would enroll at university for languages or other studies but make sure to visit every dance and party hosted by the medical and engineering students hoping to land a husband who would be well off in the future. That doesn't mean those marriages weren't real. I am sure most of these women were happy with their husbands, raised a family etc.

In any case, I think your sisters age will exclude her from PNP in Manitoba. If she marries the father in law which she should only do if she wants to and not in the hopes that he can bring her to Canada, she could get a supervisa as his spouse, see http://www.cic.gc.ca/english/visit/supervisa-who.asp He is the parent, she is his spouse and can accompany. Whether immigration will see this as a sham marriage in order to get a super visa, I have no idea but it is possible. However, a supervisa will not allow her to settle in Canada even if she gets it. It is basically a visit visa that allows the person to stay up to 2 years. She can not work and she will not have health care.

 

[Hasher]

Thanks Leon, Scylla & Zardoz, very valuable input.

Yes it is true that marriage is not going to happen for Supervisa but for them to start a new companionship of their life, my sister a Senior Govt. official and brother's father-in law Sr. Manager in an Automotive company are matured and not that willing as we are for them to come and settle in Canada.
The only purpose of opening this discussion was my ignorance to the fact that Canadian immigration is so upset with marriage fraud that they don't even want their residence/ citizens to bring families through these means- they must have a good reason for that.
I am very happy that this point become clear to me, but again what you guys suggest way forward for my sister.

Please reply

 

[Leon]

Well, if your sister marries this guy and he is not very eager to move to Canada, I guess their future probably doesn't lie in Canada. If they are able to get visit visas, they can come visit you sometimes but they will live in their home country.

If your brother and his wife ever decide to sponsor the father in law for PR, they will have been married for a while and immigration may not necessarily think it is a sham marriage any more. However, if they don't want to live in Canada, there is not much point sponsoring them for PR because they will lose it again if they do not spend 730 days per 5 years.

Your sister could also apply for her immigration by herself. She sounds like she is well educated. If she is able to get a job offer, she can look into applying through the skilled worker program. She can also look into applying for Quebec skilled worker, especially if she speaks French. No job offer needed for that.

 

[Hasher]

Well, if your sister marries this guy and he is not very eager to move to Canada, I guess their future probably doesn't lie in Canada. If they are able to get visit visas, they can come visit you sometimes but they will live in their home country.

If your brother and his wife ever decide to sponsor the father in law for PR, they will have been married for a while and immigration may not necessarily think it is a sham marriage any more. However, if they don't want to live in Canada, there is not much point sponsoring them for PR because they will lose it again if they do not spend 730 days per 5 years.

Your sister could also apply for her immigration by herself. She sounds like she is well educated. If she is able to get a job offer, she can look into applying through the skilled worker program. She can also look into applying for Quebec skilled worker, especially if she speaks French. No job offer needed for that.

Leon bunch of thanks for a very positive note,

Just want to know is she eligible for Skilled worker since her age is 51 yr?

 

[scylla]

Leon bunch of thanks for a very positive note,

Just want to know is she eligible for Skilled worker since her age is 51 yr?

Yes - she can still apply. To qualify to apply through this program, you must have 67 points based on criteria such as language, education, age, etc. Due to her age, she won't get any points in the age category. That's the disadvantage.

http://www.cic.gc.ca/english/immigrate/skilled/factor-age.asp