GABBER

Sir ,I have applied for immigration for canada ,can my spouse apply for student visa to canada .

Andrew Miller

Having PR application pending doesn't prohibit anyone from applying for study permit. But fact of having declared intention to immigrate to Canada will have effect on any non-immigrant visa or permit, especially for applicants from countries with high rate of illegal immigration and fraudulent applications. It would be a lesser problem for someone from country on Canadian visa waiver, but it will be a major factor for applicant in India. Such applicant, being already a declared immigrant, will have much higher burden of proof that s/he will leave Canada upon expiration of temporary permit and/or upon refusal of PR visa. Demonstrating substantial ties to home country (real estate, well above average paying permanent job or successful business, other factors showing motivation to return to home country, etc.) is a must, but may not be enough. You won't know without trying.

P.S. In view of your other post about your spouse having US visa revoked and being deported - chances for any Canadian temporary visa or permit are almost zero.

GABBER

thanks miller,
but some other persons told me ur spouse revoked and deport will not effect ur immgration to Canada.at airport immigration authorty said him that ,she is not going to put any allegation on him.
Sir if it is like this than what is solution,We want to settle abroad ,.?
what he or we have to do?

Andrew Miller

This is your problem - you want to settle abroad and do it the wrong way. US visitor visa is not for settling in US - thus your husband was deported.

Canadian study and work permits are not for settling permanently in Canada either.

Like I said - you won't know if you get temporary permit or not if you won't apply.

Otherwise wait for conclusion of your PR application. If you want to expedite the process find a job offer in Canada and ask employer to obtain positive AEO from HRSDC/Service Canada.

Unfortunately your nationality isn't helping with temporary permits. Blame yourself and others who try to come with temporary visas or permits to Canada or US just to stay here or in US forever, many illegally.

Try for once do things the right way - (1) wait for your PR; or (2) get job offer with AEO and expedite your PR process.

GABBER

Sir,
like Immigration officer u also guessing wrong,his intentions was not to settle in USA ,Sir ,why should we try to settle or illegal there when we have applied for PR to Canada.

Secondly Sir he also spent 3 months in USA,before this happen .he didnt try to settle there then.

it was unfortunate for him ,certificates were only to show at airport to officer(.as he said officer at port of entry he want to stay in USA for 6 months for tour USA and attend seminars).
really sir it was unfortunetly happened.

Andrew Miller

It is not about guessing anything - it is about the pattern and fitting the profile of illegal immigrants.

Remember - when applying for visa to any country or for admission at the port of entry you are guilty of being suspected illegal immigrant, unless proven innocent.

Fact that maybe only 1 (or less) out of 100 foreigners coming from countries being high source of illegal immigrants to US on tourist visas and carrying with them education/experience certificates do it really for the reason your husband did (although all claim in their defense same story as your husband's) and 99% bring those papers because they want to illegally work in US only reinforces the pattern and presumption of guilt.

GABBER

(I am her husband )

How can I prove myself innocent.?

I was on USA forum ,they all said u can apply for USA visa again ,they said they have not deported u.
I explain them what is written on passport.

what u said is totally opposite.

I am confused.
thanks

Andrew Miller

Nobody said you can't apply again for US visa. The question is - will you succeed under the circumstances? Unlikely, but miracles sometimes happen.

You are already a declared immigrant (due to having Canadian PR application pending) and proving now that you are not will be rather impossible.

"We want to settle abroad" - your intentions are also clear. So, what you want to prove now? That your intentions are not to settle outside your home country and that you didn't apply for Canadian immigration?

Mrs Miggins

Andrew, I know you have always been spot on with advice you have given us.

And just for the record, when I got my study permit, I went to the emigrate show, and was told exactly what you have just told the OP by a CIC officer. They want proof that you will return to your country of origin after study - end of story.

Mrs M x

GABBER

Thanks Mr.Miller,

I will not apply for any visa to any country.

I will wait 1st bill C-50,Than any change by Minister,

Sir Please tell me when I applied Our points were 68 ,at that time ielts score was ( 6.5,6.5,7,7).

But now points r 74 with Extra 2 years experince.

and if I give ielts again and score (7,7,7,7).

My points can be 78.

If I want to improve my points from 68 to 78 .

What will be consider 78 or 68 when our turn came.

It will be immpossible for me to get job offer.

Please advise.

Andrew Miller

Amendments to IRPA won't change anything in any positive way for you if you don't have a job offer or occupation in high demand.

It is only you who can find if it is possible to get job in Canada. Get on it.

ill_only_miss_eastenders

Hi Mrs Miggins

What did you say to prove you would return to the UK after you finished studying. I'm from the UK too, but dont really know what I'll say when they ask me that as I dont own a house here and all i really have is all my family here /

JAJ

There is no such thing as "proof" in this context - only reasonable assurance that in the circumstances you would prefer to be legal in home country rather than illegal in Canada.

Nationality is the primary factor in making this determination, but not the only one.