Expert advice for TRV Application

[MDK1986]

Hello Experts,

I would appreciate your advices on my plan to apply for a TRV (Tourist Visa) to Canada based on below background:

• 36 years old, Filipino working in Saudi Arabia almost 9 years with the same company (Oil and Gas Company)
• Only travelled in Republic of Georgia last April 2022 (wedding)
• Annulled Marriage from previous spouse with 2 minor children living with her in the Philippines
• Married with Filipina spouse in April 2022 (She is a TFW in Ontario, Canada since September 2021)
• Spouse has 1 minor child in the Philippines (She was not previously married nor in a common-law relationship)

My documents:

• Bank certificate & statements for my account in the Philippines worth CAD 56,000 (Savings since 2015)
• Bank certificate & statements for my account in Saudi Arabia worth CAD 8,500 (Employment)
• Employment contracts and employment reference letter (showing salary and benefits)
• 10 months employment payslips
• 10 months bank statements
• Approved 2 weeks leave (January 1-12, 2023) + document showing return to work commitments after my vacation leave
• Birth certificates for my 2 children
• Annulled marriage certificate
• Current marriage certificate

Documents from spouse (Filipina, TFW):

• Bank statement + Credit card statement from Scotiabank worth CAD 10,000
• Employment reference letter from Canadian employer
• Manulife Philippines Life Insurance + Investment policy showing me as primary beneficiary (+ our 3 children as co-beneficiaries)
• Apartment lease contract

What are my chances and what are the possible red flags in my profile?


Thanks,

MDK

 

[Naturgrl]

Hello Experts,

I would appreciate your advices on my plan to apply for a TRV (Tourist Visa) to Canada based on below background:

• 36 years old, Filipino working in Saudi Arabia almost 9 years with the same company (Oil and Gas Company)
• Only travelled in Republic of Georgia last April 2022 (wedding)
• Annulled Marriage from previous spouse with 2 minor children living with her in the Philippines
• Married with Filipina spouse in April 2022 (She is a TFW in Ontario, Canada since September 2021)
• Spouse has 1 minor child in the Philippines (She was not previously married nor in a common-law relationship)

My documents:

• Bank certificate & statements for my account in the Philippines worth CAD 56,000 (Savings since 2015)
• Bank certificate & statements for my account in Saudi Arabia worth CAD 8,500 (Employment)
• Employment contracts and employment reference letter (showing salary and benefits)
• 10 months employment payslips
• 10 months bank statements
• Approved 2 weeks leave (January 1-12, 2023) + document showing return to work commitments after my vacation leave
• Birth certificates for my 2 children
• Annulled marriage certificate
• Current marriage certificate

Documents from spouse (Filipina, TFW):

• Bank statement + Credit card statement from Scotiabank worth CAD 10,000
• Employment reference letter from Canadian employer
• Manulife Philippines Life Insurance + Investment policy showing me as primary beneficiary (+ our 3 children as co-beneficiaries)
• Apartment lease contract

What are my chances and what are the possible red flags in my profile?


Thanks,

MDK

First visa processing is about 4 months so you will not get approval in time for your leave.

Your biggest issues are:
- Spouse on TFW (IRCC will be concerned you will not leave, and apply for a SOWP upon entry, if she shows long term employment contract and lease that will solidify you staying in Canada)
- Only married spouse in 2022 (again IRCC will think that you aren’t leaving plus you married in 2022 in Georgia)
- Don’t live in your home country
- No travel history

Where does your spouse work in Canada?

 

[MDK1986]

First visa processing is about 4 months so you will not get approval in time for your leave.

Your biggest issues are:
- Spouse on TFW (IRCC will be concerned you will not leave, and apply for a SOWP upon entry, if she shows long term employment contract and lease that will solidify you staying in Canada)
- Only married spouse in 2022 (again IRCC will think that you aren’t leaving plus you married in 2022 in Georgia)
- Don’t live in your home country
- No travel history

Where does your spouse work in Canada?

Hello Naturgrl,

-I don't think I am eligible to apply for SOWP since she was hired under NOC 3413 (C), she has only 2 years contract (Sep 2021-Sep 2023)
-So it is not a good idea to submit the lease contract?
-Married in 2022 but we started the relationship in 2018 (while my previous marriage was under annulment process, annulment finalized in Nov 2021 thus we were only able to marry this year)
-She works in Ontario as PSW
-Are our 3 minor children living in the Philippines not considered as ties to my home country?
-Any suggestions on how to strengthen my application?

Thanks,
MDK

 

[Naturgrl]

Hello Naturgrl,

-I don't think I am eligible to apply for SOWP since she was hired under NOC 3413 (C), she has only 2 years contract (Sep 2021-Sep 2023)
-So it is not a good idea to submit the lease contract?
-Married in 2022 but we started the relationship in 2018 (while my previous marriage was under annulment process, annulment finalized in Nov 2021 thus we were only able to marry this year)
-She works in Ontario as PSW
-Are our 3 minor children living in the Philippines not considered as ties to my home country?
-Any suggestions on how to strengthen my application?

Thanks,
MDK

NOCs are different now. Is she 33102 or 44101?

The biggest hurdle is that you are married to someone in Canada on work permit. She still has another year on her contract so you have time to come to Canada, and then once in Canada not leave. You need absolute proof you will not do that. You don’t live or work in your home country. Do you have shared or full-custody of your children? If not, then it is not a tie.

 

[MDK1986]

NOCs are different now. Is she 33102 or 44101?

The biggest hurdle is that you are married to someone in Canada on work permit. She still has another year on her contract so you have time to come to Canada, and then once in Canada not leave. You need absolute proof you will not do that. You don’t live or work in your home country. Do you have shared or full-custody of your children? If not, then it is not a tie.

She is now NOC 33102. What are examples of other proofs I can show that I will not overstay in Canada?
I have shared custody of my children with their mother. I have proofs of monthly remittance to their mother as financial support for my children.

Thanks,
MDK

 

[Naturgrl]

She is now NOC 33102. What are examples of other proofs I can show that I will not overstay in Canada?
I have shared custody of my children with their mother. I have proofs of monthly remittance to their mother as financial support for my children.

Thanks,
MDK

So you are eligible for SOWP since NOC is TEER 3. Since you have shared custody show your travel to Philippines (and future) to visit your children and their travel to be with you. Financial support is not a tie (you can do monthly remittance while in Canada) so show the times that you have custody of your children when they are with you.

 

[MDK1986]

So you are eligible for SOWP since NOC is TEER 3. Since you have shared custody show your travel to Philippines (and future) to visit your children and their travel to be with you. Financial support is not a tie (you can do monthly remittance while in Canada) so show the times that you have custody of your children when they are with you.

Hello Naturgrl,

You actually piqued my interest when you mentioned about SOWP (since she is now under TEER 3), this was actually the hurdle before why we didn't apply for SOWP. Do you have more information or reference on this? (This is probably worth looking at now).

How do I go about showing my travels to the Philippines (and future) to visit my kids? Can I attach my passport visa stamps to the Philippines for my yearly vacations? Pictures?

I greatly appreciate your advices.

Thanks a lot,
MDK

 

[Naturgrl]

Hello Naturgrl,

You actually piqued my interest when you mentioned about SOWP (since she is now under TEER 3), this was actually the hurdle before why we didn't apply for SOWP. Do you have more information or reference on this? (This is probably worth looking at now).

How do I go about showing my travels to the Philippines (and future) to visit my kids? Can I attach my passport visa stamps to the Philippines for my yearly vacations? Pictures?

I greatly appreciate your advices.

Thanks a lot,
MDK

I am not going to look up IRCC operational procedures for you. You can research SOWP guidelines on the IRCC site. Showing travel is pictures, passport stamps, paid travel costs etc.

 

[MDK1986]

I am not going to look up IRCC operational procedures for you. You can research SOWP guidelines on the IRCC site. Showing travel is pictures, passport stamps, paid travel costs etc.

Hello Naturgrl,

Sorry if it sounded like I was demanding more, what I meant was I thought there was a new update regarding C41 exemption showing the new TEERs instead of old NOC.

I already checked the previous page and there was no update yet on NOC to TEER.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/exemption-codes/public-policy-competitiveness-economy.html#toc5

Thanks,
MDK