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Sponsoring (new) wife, after recently sponsoring common-law spouse

canuck78

VIP Member
Jun 18, 2017
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Thank you @scylla for the response. I will post another topic in the TRV subsection later tonight, and add a link to that topic here.

I understand most connections to Canadians are a negative factor with respect to TRVs, but the officer in the GCMS notes had doubts about the purpose of her travel (and prior travel). I also do not intend to stay in Canada, beyond the time period necessary to apply for citizenship, so it's plausible to explain that visiting Canada is temporary in nature (to be with me, while I am temporarily in Canada to apply for citizenship), and not permanent, making a TRV the legally correct application. However, I am unsure if an officer would have the attention/understanding to follow my logic, given time constraints in reviewing applications.

Perhaps I should post this question in the citizenship sub-form, but I am under the impression only the physical presence requirements as a Permanent Resident is the factor in applying for Canadian citizenship--right? For example, there isn't a declaration/oath I must sign saying I plan to live in Canada indefinitely.

We have her GCMS notes, and there isn't any stated reference to me (because I was not explicitly mentioned in the application). She referred to seeing "friends" in Canada. I'm worried to use certain acronyms like "boyfriend" or spouse or "very close friend" due to the above-mentioned implications regarding multiple spouses. Do you have any recommendations how I should be referenced, or if I should be referenced at all in any future TRV attempts?

Getting a statutory declaration of severance of common law isn't any more of a problem (for me) than getting a Statutory Declaration of Common-Law Union. The more serious question is to what length would CIC go into investigating separation from a prior relationship. I assume most officers look to verify the relationship between sponsor and spouse as genuine rather than examining if old relationships still exist (and if so to what extent).

I'm obviously not a lawyer, but when defining a polygamist, most legal definitions say there are multiple partners living in one household. I don't want to stain the polygamist brand, but that's not the situation with my relationships, so I'm good, right?
Having different partners living in separate household will still be considered polygamists. Not realistic for your second relationship to visit Canada indefinitely. After one refusal it will be difficult to get her status restored.
 

scylla

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Thank you @scylla for the response. I will post another topic in the TRV subsection later tonight, and add a link to that topic here.

I understand most connections to Canadians are a negative factor with respect to TRVs, but the officer in the GCMS notes had doubts about the purpose of her travel (and prior travel). I also do not intend to stay in Canada, beyond the time period necessary to apply for citizenship, so it's plausible to explain that visiting Canada is temporary in nature (to be with me, while I am temporarily in Canada to apply for citizenship), and not permanent, making a TRV the legally correct application. However, I am unsure if an officer would have the attention/understanding to follow my logic, given time constraints in reviewing applications.

Perhaps I should post this question in the citizenship sub-form, but I am under the impression only the physical presence requirements as a Permanent Resident is the factor in applying for Canadian citizenship--right? For example, there isn't a declaration/oath I must sign saying I plan to live in Canada indefinitely.

We have her GCMS notes, and there isn't any stated reference to me (because I was not explicitly mentioned in the application). She referred to seeing "friends" in Canada. I'm worried to use certain acronyms like "boyfriend" or spouse or "very close friend" due to the above-mentioned implications regarding multiple spouses. Do you have any recommendations how I should be referenced, or if I should be referenced at all in any future TRV attempts?

Getting a statutory declaration of severance of common law isn't any more of a problem (for me) than getting a Statutory Declaration of Common-Law Union. The more serious question is to what length would CIC go into investigating separation from a prior relationship. I assume most officers look to verify the relationship between sponsor and spouse as genuine rather than examining if old relationships still exist (and if so to what extent).

I'm obviously not a lawyer, but when defining a polygamist, most legal definitions say there are multiple partners living in one household. I don't want to stain the polygamist brand, but that's not the situation with my relationships, so I'm good, right?
The purpose of travel refusal reason generally means the applicant lacks ties to their home country / has spent too much time in Canada in the past / IRCC has concerns that they plan to remain in Canada long term. Your explanation that the partner plans to travel to Canada just for the period of time needed for you to apply for citizenship is really odd if I'm being honest. That's not a normal reason for someone to apply for a TRV (which is a tourist visa) and your explanation makes it sound like their is an intent to "live" with you in Canada until you can submit the citizenship application. IMO this will not help to get an approval. since a TRV is not meant to be used to live in Canada, even temporarily. How much time has your partner spent in Canada over the last two years? Having two previous TRVs approved and then a third one refused generally means something has changed about how IRCC views the applicants profile. If she has spent a lot of time in Canada over the last two years, that's probably the problem. In that case, the solution is to wait a while before reapplying. How long will depend on the amount of time she has spent in Canada.

Citizenship requires you to meet residency requirements and also tax filing requirements. There is no requirement to sign an agreement to remain in Canada.

IMO your partner needs to get a TRV approval on her own merits. Mentioning you is not going to help the case. The reason you've given for the TRV will weaken her case, in my opinion.

Polyamorous (for example) obviously doesn't require everyone to be living under the same roof. However this doesn't mean that IRCC recognizes your second relationship. I would personally stay away from making any boyfriend / girfriend references given how recently you sponsored your first partner. There's always some small risk this could go down the wrong path. And once you're down the wrong path with IRCC (e.g. misrepresentation), it's a mess that can be hard to undo.

Anyway, those are my thoughts. Obviously your call.
 

scylla

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AOR Received.
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Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Having different partners living in separate household will still be considered polygamists. Not realistic for your second relationship to visit Canada indefinitely. After one refusal it will be difficult to get her status restored.
It's only polygamy if they are married. I don't think they are married unless I've misunderstood the earlier posts. This is more of a polyamorous situation.
 
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canuck78

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Jun 18, 2017
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It's only polygamy if they are married. I don't think they are married unless I've misunderstood the earlier posts. This is more of a polyamorous situation.
Just referring to the definition of polygamy. Being under the same household is not a requirement. If living in separate households would still be considered polygamy in Canada.
 

YVR123

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Jul 27, 2017
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I am still confused. Because OP referred to both as spouses.
OP are you already married to the 2nd woman? If she is married to a PR, it weaken her ties to her home country and that's not good with her TRV.

If OP is still in common law relationship with spouse 1 (live together, have financial and social tie with her. bascially the opposite of the proof of common law relationship) and if OP gets married to spouse 2 just to apply for sponsorship, it's a marriage of convenience.

I agree that reason for TRV to accompany OP to travel to Canada for citizenship application is really odd.

btw waiting for citizenship can take a long time. Specially if OP spends a lot of time outside of Canada.
 

MattFS218

Full Member
Apr 2, 2016
38
3
Thank you @canuck78 @YVR123 and @scylla again, you guys are amazing.

I am not married to anyone. I have a CIC-recognized common-law union with my spouse (#1). Perhaps I am using the wrong term, but my (mistress or spouse or long-term lover) is the one having problems with a 3rd TRV. #2 is also currently in Canada, on 6 month TRV entry. She has a new 10-year passport but used the new passport along with the old visa to enter Canada within the past 3 months. She applied for a new TRV (for the new passport) while in the USA, but found out it was refused after arriving in Canada. We have the GCMS notes, and the officer noted a one-way ticket, and past travel history being inconsistent with full-time employment, as reasons for ignoring her extremely extensive travel history (to asia, europe, aus/nz, latin & south america, usa, etc). She has over CAD$200,000 in her name in various bank/insurance/investment products in her home country and the USA, and works remotely.

Her currently valid visa expires sometime later this year. Presumably, she could leave and come back and stay again for 6 more months -or- she could apply to extend her stay. Which do you guys think is best?

She has not been in Canada throughout all of covid (because only immediate family members were allowed entry on a TRV). The longest she has stayed in Canada in recent times, is her current stay--going on 3 months. She might have stayed for 3-5 months back in 2016/7. She applied twice during COVID for a study permit at an inexpensive sales/marketing English program, but because she has a Masters degree from her home country, CIC thought the lower academic diploma program was inconsistent for a true student.

Suggestions, help, please! TIA
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you @canuck78 @YVR123 and @scylla again, you guys are amazing.

I am not married to anyone. I have a CIC-recognized common-law union with my spouse (#1). Perhaps I am using the wrong term, but my (mistress or spouse or long-term lover) is the one having problems with a 3rd TRV. #2 is also currently in Canada, on 6 month TRV entry. She has a new 10-year passport but used the new passport along with the old visa to enter Canada within the past 3 months. She applied for a new TRV (for the new passport) while in the USA, but found out it was refused after arriving in Canada. We have the GCMS notes, and the officer noted a one-way ticket, and past travel history being inconsistent with full-time employment, as reasons for ignoring her extremely extensive travel history (to asia, europe, aus/nz, latin & south america, usa, etc). She has over CAD$200,000 in her name in various bank/insurance/investment products in her home country and the USA, and works remotely.

Her currently valid visa expires sometime later this year. Presumably, she could leave and come back and stay again for 6 more months -or- she could apply to extend her stay. Which do you guys think is best?

She has not been in Canada throughout all of covid (because only immediate family members were allowed entry on a TRV). The longest she has stayed in Canada in recent times, is her current stay--going on 3 months. She might have stayed for 3-5 months back in 2016/7. She applied twice during COVID for a study permit at an inexpensive sales/marketing English program, but because she has a Masters degree from her home country, CIC thought the lower academic diploma program was inconsistent for a true student.

Suggestions, help, please! TIA
The two study permit applications at the inexpensive school for a lower level diploma are problematic. It's a shame she did this because this is the sort of stuff that people do when their primary purpose is to find a way to live in Canada (i.e. they aren't genuien students - studying isn't really their primary purpose, they are just using the program as a means of being allowed to live in Canada). These applications demonstrate a strong desire / intent to move to Canada.

Mentioning your relationship definitely is not going to help the case. All that will probably do from IRCC's perspective is substantiate that the study permits were submitted with the primary intention of finding a way to live with you in Canada.

I think she needs to wait a while before applying for another TRV. I can see why IRCC is questioning her intentions.

She can try applying for an extension from within Canada to extend her stay. That's one option. Hard to say what the chances of approval are given the TRV refusal. (Make sure she declares all three refusals in this application.)

She could also try to leave Canada and then re-enter. If she wants to try this, I would recommend she remain outside of Canada for a few months before returning. Obviously up to the CBSA officer if she is allowed into Canada and for how long when she returns.
 
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MattFS218

Full Member
Apr 2, 2016
38
3
The officer notes do not explicitly mention the 2 study permit refusals as a reason to deny the 3rd TRV, but is it safe to assume they were part of the reason for the TRV refusal? Applying for the study permit had a dual purpose, 1) gain entry to Canada, during covid and 2) because they really were classes that could have been beneficial to her career (her poor Duolingo test scores and English pathway requirements for upper-level programs prove this).

Is applying for a new TRV while in Canada an option for her? Can she apply to extend on the basis of wanting to take a less than 6-month English program, towards the end of her initial 6-month entry, thus extending her stay until 2023?

I will note that although I have Canada PR, I've been a digital nomad for the past 18 years, so the line between resident and non has always been blurry for me.
 
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scylla

VIP Member
Jun 8, 2010
95,840
22,108
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
The officer notes do not explicitly mention the 2 study permit refusals as a reason to deny the 3rd TRV, but is it safe to assume they were part of the reason for the TRV refusal? Applying for the study permit had a dual purpose, 1) gain entry to Canada, during covid and 2) because they really were classes that could have been beneficial to her career (her poor Duolingo test scores and English pathway requirements for upper-level programs prove this).

Is applying for a new TRV while in Canada an option for her? Can she apply to extend on the basis of wanting to take a less than 6-month English program, towards the end of her initial 6-month entry, thus extending her stay until 2023?

I will note that although I have Canada PR, I've been a digital nomad for the past 18 years, so the line between resident and non has always been blurry for me.
- Yes, safe to assume the study permit refusals likely had an impact on the TRV.
- Applying for a new TRV needs to be done outside of Canada, not inside of Canada.
- She can certainly apply to extend her stay in Canada. Whether using the English program will work and get an extension approved is hard to say. If the English program was really the main priority, the fact is that she would be taking it now and not waiting. Keep in mind that she now has three refusals in the system (two study permits and a TRV). Officers will see these refusals when they process any new application from her and will consider the refusals as part of the bigger picture of the application and her profile. Also keep in mind that officers have seen tons of people try things before, like taking short term courses as a means of trying to stay here longer. This isn't anything new. Might work out for her and might not. Flat out impossible for any of us to saw what will happen.
 

MattFS218

Full Member
Apr 2, 2016
38
3
I posted her TRV questions at this thread https://www.canadavisa.com/canada-immigration-discussion-board/threads/unexpected-refusal-on-3rd-trv-currently-in-canada.765019/

I am wondering if given my situation if you guys think it would be advisable to contact an immigration lawyer or consultant. I have worked with a few before, and in general, was not pleased with the value-added, however, my situation now is a little more unique. One thing these lawyers often offer is to write an opinion/cover letter for the officer explaining the situation. Are these letters helpful? I can see how an immigration officer might be more inclined to approve an application if it's received on the letterhead of a law firm.

Are there any recommendations for lawyers that offer low-cost "strategy" sessions? I don't trust anyone else to file on my behalf, but I often find their insight useful. Any recommendations on where to find one?
 

canuck78

VIP Member
Jun 18, 2017
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I posted her TRV questions at this thread https://www.canadavisa.com/canada-immigration-discussion-board/threads/unexpected-refusal-on-3rd-trv-currently-in-canada.765019/

I am wondering if given my situation if you guys think it would be advisable to contact an immigration lawyer or consultant. I have worked with a few before, and in general, was not pleased with the value-added, however, my situation now is a little more unique. One thing these lawyers often offer is to write an opinion/cover letter for the officer explaining the situation. Are these letters helpful? I can see how an immigration officer might be more inclined to approve an application if it's received on the letterhead of a law firm.

Are there any recommendations for lawyers that offer low-cost "strategy" sessions? I don't trust anyone else to file on my behalf, but I often find their insight useful. Any recommendations on where to find one?
Your situation wouldn’t change. You are still wanting for another partner to stay indefinitely in Canada as a visitor while not in a position to sponsor them if you remain in a relationship with your first partner. The only way your 2nd partner can remain longterm is if she finds a way to remain independently of you like a WP, study permit, etc.