International Student Spouse Visa Refusal (3 times)

[kanwal1987]

Hello,

I am an international Student doing PhD in Montreal. I get yearly scholarship of $20000 from Govt agency.
I got married on 21st Jan. As per CIC rules, my spouse can get open work permit. We applied for the same and it got rejected citing reasons like, Family ties in Canada and India, Financial Support, Work Experience, Travel History, Purpose of Visit.
For all these reasons we have provided all the documents eg, marriage certificate (Family Ties), her Job experience letter, financial support letter from father, bank statements etc.

After a month we applied for a visitor visa and again it got rejected with the reason: Purpose of travel, family ties and travel history. All the documents were still given.

We again applied for a visitor visa after 6 months with all documents attached and today got rejection letter citing, purpose of visit and family ties. (Surprisingly not travel history!!)

I need advise and help in this case. the visa office has i think made his mind not to grant visa to my wife. I give all solid documents still reason for rejection is same.
Please help

 

[Bryanna]

Hi,

Did you submit the same set of documents for all three applications? What documents did you submit? How long did your wife want to visit?


Cheers

 

[kanwal1987]

HI,

The marriage certificate is indeed the same. Updated bank statements. My wants to visit till the time I am here.
we gave:
My study permit
Scholarship letter
grade letter
My father financial support and his bank documents
my wife appointment letter and NOC from her job

 

[Bryanna]

Hi,

One must never reapply until the reasons for the previous refusal(s) are addressed.... applying/reapplying with the exact same documents will continue to result in refusal(s).

Your wife has not shown strong ties to India + inadequate evidence + a key refusal reason is the duration of her *visit*.

With 3 successive refusals, it will be difficult to convince the visa officer that your wife has no intentions to violate TRV conditions by overstaying (ie she wants to *stay* until you complete your PhD.... instead of her visiting on a TRV).

Do reapply ONLY if your wife can convince the visa officer that she will leave Canada after her 2-3 weeks visit.


For this:
Employment (6 months payslips + 2 years ITRs + leave approval letter, etc).... if she visits for long duration, it means her employment ties are not strong

Financial (her bank statements for 6 months + letter of financial support/bank statements from your father + her financial investments, etc)

Property/Land ownership/Lease agreement + previous travel history can help (US/UK/Schengen countries, etc) + 2-3 weeks maximum visit with a day-by-day itinerary of tourist places


Cheers

 

[kanwal1987]

Thank you very much.

I wish to know in case of family ties, which documents are required.

Family ties in Canada: Marriage certificate
Family ties in India: she live with her in laws, I am not sure what should be presented.

 

[Bryanna]

Hi,

*Your family ties in Canada and in your country of residence* refusal reason means your wife has stronger family ties to Canada because she is married to you.... as compared to family ties in India. Hence, she may overstay her visit.

If, for example, she had non-accompanying, dependent young children left behind in India then her family ties to India would appear stronger as their mother. This is, however, not the case.


Do focus on:
a. Her employment ties.... btw how long has she been working?

b. Family ties (her family + your parents.... if they are dependent on her for their well-being/no other family members reside with them..... financially, your wife seems to be dependent on your dad)

c. Financial situation (if she has investments and savings of her own to help her case)

d. A must return by date (for example, a wedding in her immediate family.... or work commitments/project deadlines.... other similar reasons that would compel her to return)

e. She cannot stay indefinitely on a TRV..... if need be, buy confirmed return flight tickets (refundable ones though) + prepare a sightseeing/visit itinerary


Cheers

 

[kanwal1987]

HI thank you for such an elaborate answer.
The problem is that she worked one place for 6 months and then another for 9 months. She has to leave that job because of marriage. Now as she worked for less an year, she does not have any payslip, ITR or experience letter.
The family is not dependent on her in any case and she is dependent on them.
No investments . she has money in her account..
For return date, we did not put that as we wrote that she wishes to stay with her husband. We still gave a letter from her present job that they are giving her leave till the time she is with her husband.

 

[Bryanna]

Hi,

The problem is that she worked one place for 6 months and then another for 9 months. She has to leave that job because of marriage. Now as she worked for less an year, she does not have any payslip, ITR or experience letter.

She can submit last year's ITR + Employment letters for the current job and the previous job + bank statement (proof that salary is credited by the new employer)

For return date, we did not put that as we wrote that she wishes to stay with her husband. We still gave a letter from her present job that they are giving her leave till the time she is with her husband.

She cannot *stay* indefinitely on a TRV. In fact, one must not use words like *stay*.

The letter from her employer stating *they are giving her leave till the time she is with her husband* + no return date + *she wishes to stay with her husband*..... means someone else can manage her work = weak employment ties = strong possibility to overstay her visit = refusal


All the best

 

[mikeymyke]

It's a very bad idea to not include a return date. At the same time, it's not a good idea to ask for a lengthy period of stay. The whole point of a visitor visa is that the applicant has to show they only intend to stay in Canada temporarily. Not including a return date doesn't show that intention.

 

[kanwal1987]

Thank You very much Everyone..

One last thing.
After all the refusals, now when is the recommended time to apply?

Is it ok if I apply after 3-4 months? Actually me going back to India for a research work and may try to bring her for few weeks on tourism basis. I have to apply for a TRV as my study visa and permit is expiring( as passport will expire in 2016).
I will take all the recommendations and I am thinking to apply for a visitor visa together with my wife after 3-4 months.

Is it good??
Also I am planning to go to singapore for 3-4 days so that she can get some travel history.

 

[kanwal1987]

Few more things,

1. Is it possible that I can open a case specific enquiry and have a talk with the visa officer. Will it be helpful?
2. If I go to singapore, can i apply visa from there?
3. Is getting a American Visitor Visa choice help in getting canadian Visa? And

 

[Bryanna]

Hi,

1. Is it possible that I can open a case specific enquiry and have a talk with the visa officer. Will it be helpful?

CSE is to inform CIC about important changes to a visa application (birth, marriage, divorce, change in employment/address, etc).

It's impossible to interact with a visa officer through CSE or otherwise (Read: Email/chat/phone/visit/meet a visa officer).

2. If I go to singapore, can i apply visa from there?

One must apply for visas in the country where one has legal status (student permit/work permit/resident permit/refugee, country of nationality).

She would be visiting Singapore as a tourist for a few days. Even if you do apply in Singapore, she will be refused (again for multiple reasons).

Do note: Singapore issues tourist visas rather liberally to everyone. Hence, a Singapore tourist visa does not count as *Travel History*

3. Is getting a American Visitor Visa choice help in getting canadian Visa? And

You can try.... again, merely having a US B1/B2 visa stamped in the passport does not prove/help anything..... good previous travel history could help because it would show that she returns to India after each visit.


Quite honestly, your wife's chances of getting a TRV are very low.... her only *tie* to India is her employment which is not a strong one. I suggest she works on establishing stronger ties to India (in multiple ways) first before she reapplies


Cheers

 

[kanwal1987]

Thank You very much.. Its such an irony that we having a genuine case have to suffer separation.

The suggestions were great.. Will wait for year in order to have good ties.

 

[mkum1988]

@kanwal1987:

Hi, I am an international PhD student in Canada. I need your help with my spousal visa application. I look forward to your kind reply.

Thank you

 

[Bs65]

@kanwal1987:

Hi, I am an international PhD student in Canada. I need your help with my spousal visa application. I look forward to your kind reply.

Thank you

Be more specific, what help exactly ?