Sponsoring Partner who's a student

[oppabo]

Hi so there's a bit of a complicated thing my friends have going on, and we can't seem to find information anywhere else. My best guess is to consult an immigration officer or some sort, but I thought I'd ask here.

So the situation is:
1) Friend A, who is a Canadian citizen and has a steady income, wishes to sponsor her partner, B, who is an American citizen, for PR.
2) They will be applying as a conjugal relationship since they have been living away so the two of them can finish school. If this doesn't work, they will apply after 12 months of living together as common-law.
3) However, B will be entering Canada as a student (so, student visa?) with no job experience and is therefore worried that immigration might think he is only applying for PR so he doesn't have to pay international fees, even though he has every intention of staying in Canada afterwards (I guess immigration doesn't care about this last part).

Ultimately, they want to know if B can get PR right away/after 1-2 years if he is being sponsored by his partner. Does sponsorship take into account that he's a student?

Also, we've read that it might take up to a year before the PR gets processed, so is PR still viable if he is on a student visa?

(Basic timeline: B applies for PR with A as a sponsor in a conjugal relationship before on a visitor Visa in Canada in July -> B enters Canada on a student Visa in Sept -> B gets PR? OR B enters Canada on a student Visa in Sept -> finishes first year of study, applies with A a sponsor in a common-law relationship after 12 months of living together -> B continues school on a student Visa -> B gets PR?)

I apologize if I sound really ignorant writing this, as me and my friends are all inexperienced with the immigration process, having become citizens at a young age. Thanks for reading!

 

[scylla]

There's no chance of success with a conjugal application since they face no real immigration barriers to marriage or common law. If they apply as conjugal - they will be refused. They need to either get married or live together for a full year continuously to become common law before sponsorship will be possible.

If the American wants to study in Canada before becoming a PR, yes - a study permit is required and the American will also have to pay international student fees.

 

[russ6970]

Can applicant B manage to study for two years instead of 1? If they can afford two years (in a public college), they will be eligible for a 3 year PGWP (open work permit). This would give them time to sort out the living arrangements for sponsorship as common-law.

 

[vensak]

Simple answer in this case is to get married.
Other option is to become common law. The foreign student also needs to take into consideration, that student visa are for a temporary status (he needs to show his intentions to return once the studies are done).
So once there will be a fresh application there (for example sponsorship application before he will apply for his student visa), he might be rejected (because of the visible dual intentions).

 

[oppabo]

Thanks everyone for your replies.

Simple answer in this case is to get married.
Other option is to become common law. The foreign student also needs to take into consideration, that student visa are for a temporary status (he needs to show his intentions to return once the studies are done).
So once there will be a fresh application there (for example sponsorship application before he will apply for his student visa), he might be rejected (because of the visible dual intentions).

So I just want to know, after they become common law (while he is studying as an international student), is it possible to move forward with an application even though he is still under a student visa? Or is that where possible dual intentions might be a problem?
Is PR application before student visa better or application after student visa? Would it be different in the case of marriage? I guess the biggest worry is that they'll see "student visa" when they apply for PR and be rejected because of other intentions.

 

[vensak]

Thanks everyone for your replies.



So I just want to know, after they become common law (while he is studying as an international student), is it possible to move forward with an application even though he is still under a student visa? Or is that where possible dual intentions might be a problem?
Is PR application before student visa better or application after student visa? Would it be different in the case of marriage? I guess the biggest worry is that they'll see "student visa" when they apply for PR and be rejected because of other intentions.

Dual intentions comes to play if you would go through your original scenario:
That is to try to go as conjugal and being rejected. So if he would try to apply after that, the cards would be revealed.
However if he will get student visa first, then you stay together 1 year.
Than you can sponsor him even if he will be inland (with that he would have right for open work visa).
So as you see timing is important.

If for example you will marry him and sponsor him as an outland application. It will be faster, but he would have hard time to get any temporary visa (like student visa for example) before he is approved.
Again in that case dual intention would be visible.
good luck

 

[canuck_in_uk]

Thanks everyone for your replies.



So I just want to know, after they become common law (while he is studying as an international student), is it possible to move forward with an application even though he is still under a student visa? Or is that where possible dual intentions might be a problem?
Is PR application before student visa better or application after student visa? Would it be different in the case of marriage? I guess the biggest worry is that they'll see "student visa" when they apply for PR and be rejected because of other intentions.

Him being here on a study permit would have no effect on the sponsorship app.