Study permit for spouse of a permanent resident

[bahana89]

Hi,

I am a permanent resident of Canada. My marriage got settled recently and my fiance already applied for canada study permit under SDS category for September 2021 intake. Should we inform IRCC about the marriage using a webform. Will they consider the application or reject it under dual intent. What can be done to make the application strong so that her study permit doesn't get rejected.

PS: I know that I can apply for spousal sponsorship after marriage. ..jsj

 

[canuck78]

Hi,

I am a permanent resident of Canada. My marriage got settled recently and my fiance already applied for canada study permit under SDS category for September 2021 intake. Should we inform IRCC about the marriage using a webform. Will they consider the application or reject it under dual intent. What can be done to make the application strong so that her study permit doesn't get rejected.

PS: I know that I can apply for spousal sponsorship after marriage. ..jsj

Not quite sure what you mean by settled but yes your spouse should be updating any change in his application t make sure he is not misrepresenting. Impossible to know whether he will be approved. A masters or PhD frokm a good school will likely increase the chances of acceptance.

 

[bahana89]

Not quite sure what you mean by settled but yes your spouse should be updating any change in his application t make sure he is not misrepresenting. Impossible to know whether he will be approved. A masters or PhD frokm a good school will likely increase the chances of acceptance.

I meant the marriage got fixed. My fiance is an Orthodontist and applied for health systems management at fanshawe college. What do you think of the chances?

 

[wonderbly]

Settled? Fixed? What does that mean. Are you legally married or not? Fiance is not a spouse.

 

[bahana89]

Settled? Fixed? What does that mean. Are you legally married or not? Fiance is not a spouse.

My marriage date is next month. She already applied for her study permit. So, the question is if we update IRCC about our marriage next month after the marriage, how will it impact the study permit application.

 

[wonderbly]

Once you are married and are issued a marriage certificate, you should both be updating IRCC about your change in status.

 

[bahana89]

Once you are married and are issued a marriage certificate, you should both be updating IRCC about your change in status.

Sure, thank you

 

[Simba112]

Sure, thank you

But that will affect your spouse temporary application..she needs to prove that she’ll leave Canada at the end of her temporary status. I understand there are changes made on “dual intent” applications, which you need to go through them, overcoming this is to consider becoming a “dual intent” applicant

 

[wonderbly]

But that will affect your spouse temporary application..she needs to prove that she’ll leave Canada at the end of her temporary status. I understand there are changes made on “dual intent” applications, which you need to go through them, overcoming this is to consider becoming a “dual intent” applicant

He hasn't yet started a sponsorship application for her though. Does dual intent apply here in that case?

 

[Simba112]

He hasn't yet started a sponsorship application for her though. Does dual intent apply here in that case?

It doesnt at the moment but I advise to do, and make her a dual intent...

 

[bahana89]

It doesnt at the moment but I advise to do, and make her a dual intent...

How to make it as dual intent, by applying spousal sponsorship also while the study permit is processing?

I can apply spousal sponsorship after I reach canada and currently the flights are cancelled from India. So the study permit application will be in process. Will they void the application by default as she married a PR? And the spousal sponsorship is not applied yet

 

[Simba112]

How to make it as dual intent, by applying spousal sponsorship also while the study permit is processing?

I can apply spousal sponsorship after I reach canada and currently the flights are cancelled from India. So the study permit application will be in process. Will they void the application by default as she married a PR? And the spousal sponsorship is not applied yet

No. They will not void your application by default once applicant for temporary status become spouse to Citizen/Permanent provided spousal sponsorship was not submited. What im trying to say is, there are guidelines under dual intent to consider application of that nature. It is common for VO to reject TRP/TRV is you are married to Canadian/PR as it is unlikely you will return to your country. And most use this route to become inland applicant and stay in Canada while waiting a decision instead of submitting as outlander

 

[wonderbly]

How to make it as dual intent, by applying spousal sponsorship also while the study permit is processing?

I can apply spousal sponsorship after I reach canada and currently the flights are cancelled from India. So the study permit application will be in process. Will they void the application by default as she married a PR? And the spousal sponsorship is not applied yet

Read here to see what the VO looks for in deciding on a dual intent application:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html

 

[bahana89]

No. They will not void your application by default once applicant for temporary status become spouse to Citizen/Permanent provided spousal sponsorship was not submited. What im trying to say is, there are guidelines under dual intent to consider application of that nature. It is common for VO to reject TRP/TRV is you are married to Canadian/PR as it is unlikely you will return to your country. And most use this route to become inland applicant and stay in Canada while waiting a decision instead of submitting as outlander

Got it, thanks for the explanation. I too am worried that this might be the case. She is a dentist in India. Can she we say that as she can only practice in India, her intention is to return. Will that add weightage?

 

[Simba112]

Got it, thanks for the explanation. I too am worried that this might be the case. She is a dentist in India. Can she we say that as she can only practice in India, her intention is to return. Will that add weightage?

It wont, they’ll look at it as family reunification. By the way, it will be 1 in a million case that a newly wedded couple want to live apart after reunited ( in your case your spouse as student) and then leave after studies. That explaination doesnt hold water,imo.