Spouse Visa rejected


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kawan   
Member since: Oct 13
Posts: 8
Location: Canada

Post ID: #PID Posted on: 29-10-13 19:38:41

Hi Kugzi,

I applied for TRV only, since my wife doesn't work as we have a child, a toddler.



san-hugo   
Member since: Aug 10
Posts: 2009
Location:

Post ID: #PID Posted on: 29-10-13 21:02:40

So you applied TRV for duration of your study permit ? seems like you read the rule for open work permit and applied same on TRV.
As you mentioned "I originally applied for a 4 year visit visa, same as duration of my study permit, this is what CIC website says is allowed "

Can you please paste a link here where you read allowed TRV duration ?

Did you mention in your invitation letter that you will pay for the tickets, accomodation and showed sufficent funds in your bank for that ? T4s and pay stubs (of a student who needs to pay his own fee ) are never sufficient proof of fund. Also seemingly you did not declare any asset on your wife's name and no bank balance back home. With no support structure, that will mean to officer that you with your student earnings are supporting your family back home. do you have substantial assets on your name?

By collecting letters from PM, professors etc , you are concentrating on wrong items. Do not try to explain to cic, give them what they actually looking for, else do not apply.






kawan   
Member since: Oct 13
Posts: 8
Location: Canada

Post ID: #PID Posted on: 29-10-13 21:58:00

@san-hugo

I was informed of this by CIC call center agent when I called that I can apply for TRV for same duration. Now the problem is that I don't have any assets in my name back home but I am the only son of my parents and they have a few houses and land. In her application it was clearly stated that she is dependent on me and doesn't work and will return back home once I finish my studies since I have a teaching position back home to join. Considering the requirement for funds, 28000 Canadian dollars a year are enough for supporting spouse and one child and I have provided all financial details.

If my wife has no assets in her name how can I go around it, if I put some money and open an account for her now, it would clearly seem like a cover up to the VO. Secondly do you suggest to apply for open work permit, even if she is a house wife?

Regards,
Kashif



san-hugo   
Member since: Aug 10
Posts: 2009
Location:

Post ID: #PID Posted on: 29-10-13 22:52:26

@kashif,

Not sure what transpired between you and cic call center agent, one of you were drunk that day ;-) cheer up man ! things will be fine. I understand you not able to concentrate on other things. but give yourself some time and in the mean time build up a solid case and use skype.

Your previous TRV application with 4 years duration obtained negative points, showing no intention to return back. visitor visa should not be asked beyond 6 months.

I suggest following path - ask for multiple entry visa giving duration of 6 months only and showing clear intention of returning back. for that you need to show obligations back home. (general obligations are - assets, lot of property, pension, farming land, ailing and old parents etc.)
once your wife is here , a fresh application for extended stay (applied 3 months in advance of completion of 6 months) OR if sufficient educational credential then work permit can be asked.

you must also do the post mortem of the reasons given by the CIC. ( duration of stay, intention to go back home and funds are main reasons for rejection)
let me do it for you with the info you posted ...
4. Personal assets and financial status :: thats clear from your post that there wa no asset or strong ties shown on the name of applicant.

3. Length of proposed stay in Canada :: explained above.

2. Family ties in Canada and your home country :: Some thing wrong with your invitation letter. In invitation letter seems like you did not mention that you have parents back home being taken care of by your wife (obviously when you asked for 4 years visa, you woud'nt have mentioned that...) . Also mention her side of the family.

1. Travel History :: Seems like your wife stayed for extended periods in other countries. only remedy here is that if you show stamps in her passport showing her return to home country prior to the expiry of visa. YOu know better the travel history. Was there a case of over stay?

Before next application you must focus on these points and clear them up beforehand. Do'nt you have any jugadoo married punjabi student friend in Ottawa? talk to as many you can and you will get lot of ideas.







kawan   
Member since: Oct 13
Posts: 8
Location: Canada

Post ID: #PID Posted on: 30-10-13 11:01:21

@san-hugo,

Many thanks for a detailed reply mate. I might go for a 6 month TRV as you suggested, you mentioned about work permit linked to education, what is the required education to obtain a work permit?
As for personal assets, I am thinking about my father giving a notorized letter mentioning me and my wife as heirs to his property and land, that should work, right?
The family form clearly mentioned that all the family of my wife is living in Pakistan but may be Ican emphasize it further.
No, she didn't over stay in her visit to Sweden and it is mentioned on the passport.

Most of the guys I find here are on PR and that is altogether a different application procedure so unfortunately haven't found a guy who applied for spouse visa while being a grad student.

Thanks again for your detail reply and time, highly appreciated bro. To be honest I came across a lot of posts on different visa forums from grad students regarding refusal of visa to spouse, which is a bit demoralizing.

Regards,
Kashif



Full House   
Member since: Oct 12
Posts: 2677
Location:

Post ID: #PID Posted on: 02-11-13 13:06:59

From CANADA IMMIGRATION Website. :


International Students: Bring Your Loved Ones with You to Canada. October, 2013

Close to 100,000 international students from all over the world come to Canada each year to obtain a high-quality post-secondary education. Canada’s generous immigration policy allows the spouse and minor children of international students to accompany them to Canada to work and study. In this way, a student’s entire close family can benefit from a Canadian experience.Spouse or Common-Law Partner

The spouse or common-law partner of an international student may apply for an open work permit. The student must be studying full-time at:

A public post-secondary institution; or
A private post-secondary institution that operates under the same rules and regulations as a public institution and receives half of its overall operations budget from government grants; or
A private institution authorized by provincial statute to confer degrees.

An open work permit allows the holder to work for any employer in Canada, and does not require a Labour Market Opinion or job offer. The work permit will usually have the same period of validity as the study permit. However, the open work permit may exclude certain occupations in which the protection of public health is essential, unless the applicant undergoes an immigration medical examination.

In this way, not only can the spouses or partners of international students gain valuable Canadian work experience, but also can help support their families financially.

Minor Children

Any person under the age of majority is considered to be a minor child. The age of majority varies by province. In Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, and Saskatchewan, the age of majority is 18, while in British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut and Yukon it is 19.

Minor children who are already in Canada with at least one parent who is allowed to work or study in Canada do not require a study permit to attend school at the pre-school, primary, or secondary levels. However, once the child reaches the age of majority in their province, he or she must apply for a study permit to continue their studies in Canada.

The Application Process

An international student may bring his or her dependents to Canada by one of two routes.

One possible route is for the student and dependent family members to submit their visa applications concurrently. Another option is for the student to wait until he/she has received a study permit, and then submit applications for his or her accompanying dependents.

When applying for a study permit, information must be provided for all family members that will be accompanying the student to Canada. In order for their application to be approved, the student and his or her family will have to demonstrate that they have sufficient funds to support their stay in Canada. In addition, applicants may be required to undergo a medical examination and submit Police Clearance Certificates.

Depending on the applicants’ country of citizenship, a Temporary Resident Visa (TRV) may be required in addition to any study or work permits. A full list of countries requiring a TRV to enter Canada can be found here.

A spouse or common-law partner who plans to work while in Canada has the option to apply for his or her Open Work Permit before entering the country, upon arrival to Canada, or after entering the country.

Oftentimes, minor children entering Canada may receive a visitor record, even if the child will be studying in Canada. This is because minor children in Canada may study at the pre-school, primary or secondary levels without needing to secure a study permit.

The Final Word

Canada’s commitment to family unification means that international students and their families have the opportunity to experience Canadian life together. Whether it is for a few months or for several years, international students will be comforted to know that their loved ones can be nearby as they pursue their dreams of obtaining a Canadian education.

“Canada is home to some of the most distinguished colleges and universities in the world,” said Attorney David Cohen. “Aside from putting money into the Canadian economy while studying, many international students remain in Canada after graduation and become valuable members of our workforce and general society. It is only natural that the Canadian Government has established generous laws that allow them to stay close to their families and feel welcome in their new home.


Please go to their website on a regular basis for updates.


FH.



kawan   
Member since: Oct 13
Posts: 8
Location: Canada

Post ID: #PID Posted on: 02-11-13 20:09:10

Thanks for sharing that, I have one question though, since it states that they can have work permit same as duration of my student's study permit, in my case it is 4 years, being a PhD program. So can one get a TRV for 4 years? I asked CIC helpline but they say that they cannot advice us in this matter and it is not in their mandate. Being from Pakistan, we do require TRV to enter Canada apart from a permit to work/study.

Thanks again,
Kashif



Contributors: kawan(8) Gurram(3) san-hugo(3) Kugzi(1) Full House(1) AshwaniG(1)



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