Visitor Visa to Study Permit or Visitor Visa, Married then sponsor?

[dluhut]

Hello Immigration Experts,

I have a situation that I do not know, which is the best and legal way for my girlfriend to come and stay in Canada.

I am a PR of Canada (currently applying for citizenship) and I get to know my girlfriend through online dating website on late January 2013. After months of email, skype and phone chatting, I went to China for a week to see her face-to-face. On Late September, we're officially together. Her background was, she has a Bachelor of Business Administration major in Tourism management. She graduated in 2007, and since then, she's in Shanghai working.

We've decided to take the STUDY PERMIT road for her to come to Canada to study MBA. This way, it'll be easier for her to get a career in Canada, or if we decided to go to China, at the very least, she had an MBA education.

However, last week after her TOEFL exam, result wasn't ideal. Thus, we're thinking of having her to come to Canada as a visitor and enroll in English course/class in an institution (non university nor college). After 6 months, we then think of extending her stay, and at the same time to take TOEFL/IELTS exam together with GMAT and apply to a university for her MBA (note that she only stay maximum 6 months of English. Thus after she's taking the TOEFL/IELTS and GMAT exam, she's practically a real "tourist" - no work, no school & no volunteer).

My questions then:
1. When I'm going to write an invitation letter, should I address my girlfriend as my fiance instead of my friend? I'm worried that if I state the word 'fiance' on the invitation letter, CIC officer would not approve of her visa.
2. When applying for her extension to stay in Canada, what reason should we give in order for her to stay, and at the same time to receive answer from Canadian universities if she's accepted to the MBA program.

Now, assuming that if I decided to marry her (only paper signature. At best wedding photos taken in Canada. Reception will be held in China. At present unknown date) while she's in Canada under her visitor visa,
3. How many days before her visa expire that I need to send my application of sponsorship, and her individual PR outland application in order for her to stay in Canada legally?
4. Is there a minimum amount of money needed in my bank account to prove my ability to support her while she's in Canada?

Your input is greatly appreciated!

 

[Regina]

. When I'm going to write an invitation letter, should I address my girlfriend as my fiance instead of my friend? I'm worried that if I state the word 'fiance' on the invitation letter, CIC officer would not approve of her visa.

Why does she need an invittion from you? She can apply to any ESL course for 4-6 months in Canada, get her LOA and come to Canada for the lengh of the ESL program.

2. When applying for her extension to stay in Canada, what reason should we give in order for her to stay, and at the same time to receive answer from Canadian universities if she's accepted to the MBA program.

There will not be such a reason, because if she planned to get into MBA after ESL she better applies for SP at the very beginning explainig to VO her plans about - first ESL then Masters. (please , read about that on www.cic.gc.ca)

Now, assuming that if I decided to marry her (only paper signature. At best wedding photos taken in Canada. Reception will be held in China. At present unknown date) while she's in Canada under her visitor visa,
3. How many days before her visa expire that I need to send my application of sponsorship, and her individual PR outland application in order for her to stay in Canada legally?

That could not work out. You see if there is no reception to Canada and neither her nor yours parents and relatives are present CIC could consider that as a marriage of convinience. If you go to China to have wedding with relatives and parents then she could come to Canada after she gets her PR from outside of Canada.

If your parents and relatives come Canada for your wedding then you can apply for her PR fom inside of Canada and extend her visitor visa based on grounds that you applied for her PR from inside.

Also be prepared that CIC could have some unpleasant questions for both of you if the date of her first visit to Canada will cross with your story of getting involved with her (when you met, when she came to Canada claiming she is coming to study and not to her BF, then your decision to get married)

 

[dluhut]

Why does she need an invittion from you? She can apply to any ESL course for 4-6 months in Canada, get her LOA and come to Canada for the lengh of the ESL program.

Thanks for the answer. I do thought of having her applied and get the LOA and come to Canada. However, have heard from friends, those who work at the agent, saying that it's difficult for her to come to Canada, since it's due to her age and her Chinese nationality. But will definitely considers this options since you're the expert.

There will not be such a reason, because if she planned to get into MBA after ESL she better applies for SP at the very beginning explainig to VO her plans about - first ESL then Masters. (please , read about that on cic.gc.ca)

This is where the difficult situation...since she didn't have any LOA from any universities, it'll be difficult for her to apply for the SP. Also, it's not guarantee too that after her study of ESL for 6 months, she'll pass the minimum requirement for her TOEFL/IELTS and GMAT and to get accepted. So do you think she should still apply for SP even though she only has LOA from the NON-INSTITUTION of her ESL?

That could not work out. You see if there is no reception to Canada and neither her nor yours parents and relatives are present CIC could consider that as a marriage of convinience. If you go to China to have wedding with relatives and parents then she could come to Canada after she gets her PR from outside of Canada.

If your parents and relatives come Canada for your wedding then you can apply for her PR fom inside of Canada and extend her visitor visa based on grounds that you applied for her PR from inside.

Also be prepared that CIC could have some unpleasant questions for both of you if the date of her first visit to Canada will cross with your story of getting involved with her (when you met, when she came to Canada claiming she is coming to study and not to her BF, then your decision to get married)

So basically, in the eyes of the officer, a "legal" marriage has to be attended by parents? Reason I was thinking of this route is because, at least we sign the marriage paper in Canada, so that our parents allow us to live together. And once we have time, we shall than have the reception in China.

 

[Regina]

since it's due to her age and her Chinese nationality.

Nonsence. It is Canada, not China to discriminate because of race or nationality.

since she didn't have any LOA from any universities, it'll be difficult for her to apply for the SP.

Let her apply to ESL program at college/university. If it is not difficult for thousands of other immigrants from China why it is so difficult for her?.

Also, it's not guarantee too that after her study of ESL for 6 months, she'll pass the minimum requirement for her TOEFL/IELTS and GMAT and to get accepted. So do you think she should still apply for SP even though she only has LOA from the NON-INSTITUTION of her ESL?

What is NON-INSTITUTION ? ESL is a program at colleges and universities.
Yes she may enroll into ESL program for 2 semesters, for example. For that she has to obtain SP.

If you are in Canada together how you parents in China could allow or not allow you to live together? Are you minors?

Yes, from CIC point of view a genuine wedding is with parents, guests and receiption and maybe even with a short honeymoon somewhere even if in Canada..

 

[dluhut]

Thanks again for replying Regina!

Nonsence. It is Canada, not China to discriminate because of race or nationality.
Let her apply to ESL program at college/university. If it is not difficult for thousands of other immigrants from China why it is so difficult for her?

The reason friends and even agents said that it's difficult is due to her age (30 years) and that by her coming to Canada, with studying English is not convincing enough to the officer that she'll return to China after her study.

What is NON-INSTITUTION ? ESL is a program at colleges and universities.
Yes she may enroll into ESL program for 2 semesters, for example. For that she has to obtain SP.

The reason why it's non-institution is that the tuition fee is cheaper and that the average age is in the higher 20s compared to colleges/universities where it's more expensive, and that classmates are in the early 20s.

The 2nd reason would be, if she was to study ESL in, say University of Toronto, upon completion of her ESL, she could only apply to UoT for her MBA, but NOT TO OTHER UNIVERSITIES, such as University of British Columbia (just as an example). That's why, by picking a non-institution, at the very least, we could pick one that teaches TOEFL/IELTS in addition to regular English (Reading, Writing, Listening & Speaking).

If you are in Canada together how you parents in China could allow or not allow you to live together? Are you minors?

Yes, from CIC point of view a genuine wedding is with parents, guests and reception and maybe even with a short honeymoon somewhere even if in Canada..

Our parents are not in Canada. Both of us were brought up in a conservative way, and thus we're not allowed to live together until we're married.


Regina, if she was to apply under SP, where she get LOA from non-institutional (she would also write a letter indicating that she'll enroll in a Canadian university for her Master degree), would she still needs a return ticket to China?

 

[Regina]

The reason friends and even agents said that it's difficult is due to her age (30 years) and that by her coming to Canada, with studying English is not convincing enough to the officer that she'll return to China after her study.

OK. Her age does not matter for Canada!!!! She works in hospitality, right? So, she could need English for her work? Her career in China?

Is it a college? I do not understand non-institutional in terms of Canada. It could be university and college or private university and college.

ESL in, say University of Toronto, upon completion of her ESL, she could only apply to UoT for her MBA, but NOT TO OTHER UNIVERSITIES,

Who told you that?!!! Your agents? You know what? They get some fees for sending students to that particular school and that is why they are telling you stupid stories. But you are in Canada , why do not you go and ask everything by yourself at couple of universities/colleges?

conservative way, and thus we're not allowed to live together until we're married.

You are in Canada and you are 30 years old.... ? :
Anyway CIC does not care but wedding to be trustful especially because you met online should be real : with parents, guests and receiption. Not a short version for convinience.

 

[Regina]

Regina, if she was to apply under SP, where she get LOA from non-institutional (she would also write a letter indicating that she'll enroll in a Canadian university for her Master degree), would she still needs a return ticket to China?

Not sure. If not a ticket then definitely extra money for it.

 

[Regina]

, she has a Bachelor of Business Administration major in Tourism management. She graduated in 2007, and since then, she's in Shanghai working.

What is her occupation?