Travel visa rejected for my fiancee

[naidusuresh36]

Hello Everyone,

I'm seeking advice on how to proceed in this situation.

My fiancee applied for a travel visa (as a single, unmarried individual) and provided sufficient bank balance and proof of employment in India. Additionally, I included an invitation letter for her visit to Canada. However, instead of attaching my rental lease, which had recently expired, I included my RL31 form (which, in hindsight, was a significant mistake).

Unfortunately, she received a rejection email yesterday stating that there was no sufficient reason for her to return to India. Her application was for a one-week visit to see me.

I had planned to get married in December and then move back to Canada together in January. My intention is to avoid leaving her in India after our marriage and apply for a spousal visa, waiting for it to be processed.

What options do I have if I want my fiancee to travel with me to Montreal in January after we get married?

Additional information:

Currently, I am on an open work permit for three years and have been employed since January 2023 with a reputable company.

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Thanks in advance!

 

[bellaluna]

Honestly, any documents you provide on your end are insignificant, only supplementary information at best. TRV applicants are mainly assessed on their own merits.

You didn’t mention any travel history to visa-required countries on her part, and the fact that she is a young single lady from India who is in a relationship with someone in Canada makes it harder for her to get approved.

 

[naidusuresh36]

I didn't mention the relationship part anywhere.
She does not have any previous travel history unfortunately.

 

[scylla]

I didn't mention the relationship part anywhere.
She does not have any previous travel history unfortunately.

IRCC has most likely guessed you are in a relationship given you invited her.

Unless she can strengthen her application significantly, my advice is not to apply again now, wait until you are married, and then apply for a SOWP.

 

[naidusuresh36]

If I apply for SOWP after marriage she will probably have to wait and come join me in Canada after a couple of months right?

 

[scylla]

If I apply for SOWP after marriage she will probably have to wait and come join me in Canada after a couple of months right?

Yes, most likely. I personally think that is the better option vs. applying for a TRV again now. She already has one refusal and it would be best not to get another one since this could impact her ability to get the SOWP.

If she can significantly strengthen her application now, then it may make sense to apply again now. But otherwise I would personally hold off in favour of getting the SOWP approved.

 

[naidusuresh36]

She has a visa appointment for US visa this November.
Would it strengthen her case for SWOP or is it still unrelated?

 

[scylla]

She has a visa appointment for US visa this November.
Would it strengthen her case for SWOP or is it still unrelated?

The visa appointment will not strengthen her application.

If she ends up getting an approved US visa and travels to the US and returns home, that would strengthen her application.

 

[naidusuresh36]

Understood, thank you!
SWOP has 3-4 months of processing time. Looks like it's going to a long wait.

Thanks again for helping me out..

 

[canuck78]

Understood, thank you!
SWOP has 3-4 months of processing time. Looks like it's going to a long wait.

Thanks again for helping me out..

Agree that it will be assumed that you are in a relationship with the applicant. IRCC sees similar applications all the time when younger adults of the opposite sex apply to visit a “friend” in Canada. In many cultures you would not travel to stay with a member of the opposite sex or take care of all the travel costs of a friend which is often listed in the applications.
Would also warn you that if you are newly married that can also result in a rejection of an SOWP especially if you have not had a lot of time together in person. You should certainly apply but not guaranteed especially right after getting married. There does seem to be more approvals for SOWP for workers than when a spouse is a recently married student. Also seems to be some better chance of approval if you have a high skilled job. All steps to try and ensure that people aren’t committing immigration fraud by getting married. You should certainly apply but just warning you that is isn’t 100% guaranteed since many interpret the IRCC info as SOWP guaranteed.