Urgent Suggestion Needed International Student married to Canadian

[mmakarov]

Hello Everyone,
I have been navigating through this forum and got tons of useful information but I my situation is a little different and I wanted to get any suggestion on this situation.

I am a Canadian Citizen and currently work in Toronto. My wife who is an international student in Canada has been here since November of 2012. Recently we have went on Vacation to Russia to visit family and on the way back realized that she did not have a TRV but only a valid study permit that expires on February 28, 2014 (our big mistake...). This was not a valid travel document and she was not allowed to return to Canada with me. We got married in Toronto in August of 2013 but have not placed any applications for PR because there was no need for it as she is studying in Canada.

We have all the acceptance letters from her schools and results from exams that she was taking that she was legitimately studying and plans to continue to study in Canada. However, she now needs to obtain a TRV and by what I have been reading this is a dual intent case since I live in Canada and she is my wife. Her only ties in Russia is a job letter stating that she can work there when she returns and that her parents own an apartment and business there.

What is my best chance to get her back to school as soon as possible? Do you think she has a good chance to extend her study permit and obtain a TRV from Russia?

 

[txboyscout]

Hello Everyone,
I have been navigating through this forum and got tons of useful information but I my situation is a little different and I wanted to get any suggestion on this situation.
I am a Canadian Citizen and currently work in Toronto. My wife who is an international student in Canada has been here since November of 2012. Recently we have went on Vacation to Russia to visit family and on the way back realized that she did not have a TRV but only a valid study permit that expires on February 28, 2014 (our big mistake...). This was not a valid travel document and she was not allowed to return to Canada with me. We got married in Toronto in August of 2013 but have not placed any applications for PR because there was no need for it as she is studying in Canada.
We have all the acceptance letters from her schools and results from exams that she was taking that she was legitimately studying and plans to continue to study in Canada. However, she now needs to obtain a TRV and by what I have been reading this is a dual intent case since I live in Canada and she is my wife. Her only ties in Russia is a job letter stating that she can work there when she returns and that her parents own an apartment and business there.
What is my best chance to get her back to school as soon as possible? Do you think she has a good chance to extend her study permit and obtain a TRV from Russia?

Trcky situation. On the surface it should be a simple TRV application since she has a valid study permit but if immigration knows that she is married to a Canadian they can decline her saying that she has no intention to return once her studies are completed. I would be honest when applying for a study permit: tell them that an inland application for spousal PR will be filed as soon as she comes back. Then prove to them that by the time her student visa and subsuquent PGWP expire, the inland app wil lhave completed processing and she will have no reason to leave

 

[mmakarov]

Thanks tXboyscout. We decided to apply for a new study permit and TRV with a letter attached explaining the situation in detail.
Next issue, her Russian passport is expiring in July of 2014, should we renew her passport first or it will not affect her student visa application as there is still over 6 months of her passport left?

 

[txboyscout]

Thanks tXboyscout. We decided to apply for a new study permit and TRV with a letter attached explaining the situation in detail.
Next issue, her Russian passport is expiring in July of 2014, should we renew her passport first or it will not affect her student visa application as there is still over 6 months of her passport left?

Since there are over 6 months left, the cousul should process the app

 

[itstime]

You should apply for PR as it is fairly quick in family cases and she wouldn't have to pay international student rates at her college/university.

 

[Regina]

Guys, I do not understand how come that the length of TRV is SHORTER than study permit? When you apply for a study permit you get a TRV simultaneously, don't you?
OR TRV COULD be issued for a period of time shorter than your study permit? :

 

[txboyscout]

Guys, I do not understand how come that the length of TRV is SHORTER than study permit? When you apply for a study permit you get a TRV simultaneously, don't you?
OR TRV COULD be issued for a period of time shorter than your study permit? :

They are two different things:

TRV is a visa that allows you to enter Canada as a visitor

A Study Permit allows you to study in Canada.

It is quite possible that you are issues with a single entry TRV along with a study permit to go to school for X years. In this case the TRV "expires" as soon as you use it to come to Canada to study. You are now allowed to stay in Canada and study for however long your study permit is valid for. However if you decide to leave during this period you will need to apply for a new TRV to come back but you will not need a new study permit because your permit is still valid

 

[Regina]

However if you decide to leave during this period you will need to apply for a new TRV to come back but you will not need a new study permit because your permit is still valid

Right. Now I recall they have something about that on FAQ page on www.cic.gc.ca.

Then topic starter's wife was rejected entry because she got married and could not prove that she will go back home after graduation. My advice: do not spend time on applying for TRV. Apply for her sponsorship outside of Canada.