Spousal visa to express entry application

[Mississzeess]

Hello,

I would just like to hear any inputs from those who experienced the same. I am a permanent resident here in canada and i tried to sponsor my husband through spousal visa however I was found to ineligible due to r 117.9.d.
So we opted with the solution of him applying through other programs.

My question is can he declare in his application that I am his spouse? Can he gain points by declaring my brother who is also here in Canada and claim him as his brother in law? We also have a son but he hasn't signed his birth registration.. Please enlighten us as we are already very frustrated with the application..

 

[scylla]

Hello,

I would just like to hear any inputs from those who experienced the same. I am a permanent resident here in canada and i tried to sponsor my husband through spousal visa however I was found to ineligible due to r 117.9.d.
So we opted with the solution of him applying through other programs.

My question is can he declare in his application that I am his spouse? Can he gain points by declaring my brother who is also here in Canada and claim him as his brother in law? We also have a son but he hasn't signed his birth registration.. Please enlighten us as we are already very frustrated with the application..

No - he can't get any points for your brother. He would only get points for your brother if you were a dependent in the application. However since you are alreayd a PR, you cannot be a dependent in his application. He can't get any points from you.

 

[Mississzeess]

Thank you so much @scylla for the information.

Will his express entry application be greatly affected by the previous spousal visa? We already withdrew the spousal visa application when we found out I was ineligible to sponsor.

 

[scylla]

Thank you so much @scylla for the information.

Will his express entry application be greatly affected by the previous spousal visa? We already withdrew the spousal visa application when we found out I was ineligible to sponsor.

It shouldn't be affected.

 

[Mississzeess]

Hi @scylla I was just wondering if I renounce my PR status then let my husband apply as principal applicant for us (because he would lack points if he applies independently). Would that be possible? We just want to start things rightly by applying as a family because I was wrongly advised by my previous agency thus the ineligibility issues and I heard that H & C would take a while and it's expensive too.

My questions are- Would I still be able to come to Canada in that case? Or would they deny us entry because of what had happened? I am so confused, helpless and frustrated because our son is growing up without his dad by his side.

 

[scylla]

Hi @scylla I was just wondering if I renounce my PR status then let my husband apply as principal applicant for us (because he would lack points if he applies independently). Would that be possible? We just want to start things rightly by applying as a family because I was wrongly advised by my previous agency thus the ineligibility issues and I heard that H & C would take a while and it's expensive too.

My questions are- Would I still be able to come to Canada in that case? Or would they deny us entry because of what had happened? I am so confused, helpless and frustrated because our son is growing up without his dad by his side.

Yes - you can renounce your PR status and then apply for PR again from scratch together.

 

[Mississzeess]

Thank you for all the enlightenment about our situation. You have been such a great help.

I do have a few more query, can he apply for student visa? In order for him to gain additional points for express entry when he finishes his canadian studies? (This is quite the least among our options though because as I have read it would cost around 40 thousand CAD.)
Because after studying he can also acquire the license required by most employers before hiring which could mean additional points.

Lastly, will our R.117.9.d have a great impact to me as the sponsor and to him when he applies as a student?

 

[scylla]

Thank you for all the enlightenment about our situation. You have been such a great help.

I do have a few more query, can he apply for student visa? In order for him to gain additional points for express entry when he finishes his canadian studies? (This is quite the least among our options though because as I have read it would cost around 40 thousand CAD.)
Because after studying he can also acquire the license required by most employers before hiring which could mean additional points.

Lastly, will our R.117.9.d have a great impact to me as the sponsor and to him when he applies as a student?

He can apply for a student visa - however I suspect he would have difficulty being approved since IRCC will know he has a spouse living in Canada and likely has plans on remaining in Canada long term.