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Spouse Served with Deportation Liability Notice in New Zealand, Can I apply for Canada PR?

Anonymous333

Newbie
Nov 9, 2019
6
0
Me and my wife lived in New Zealand for nearly 2.5 years, my wife (1 year student visa, 1 year work visa) and me( 2 years work visa based as dependent for my wife). Later on we applied work visa again with my wife as primary applicant and me as her partner. My wife’s work visa was declined as she does not meet the character requirements as she gave false and misleading information to Immigration about her previous employer. Also, it was stated that she worked excess hours (40-50 hours on a student visa where supposed to work only 20 hours) for low pay (minimum wage is $15 an hour, but she worked for $5 an hour in cash) while on student visa and also received pay by cash. She was served a deportation liability notice, which we appealed but failed. We left voluntarily without being issued any deportation order or stamp in passport. She has to serve a 5 year prohibition period before again applying for NZ. Subsequently, my work visa was also declined as primary applicant’s visa was denied. Its nearly 6-7 months since we returned to India and very recently we applied for Police Clearance of New Zealand and got it without any offense on our name.

Now we are planning to apply for Canada with me as primary applicant. Individually I have a CRS score of 447 and if I include my wife in my application our CRS score is 439. I desperately need your advice here please..

1. Now, should we apply together? Or shall I apply for just myself initially? Once I get PR, shall I sponsor her?

2. Shall i disclose that my NZ visa is declined final time or not mention anything about being declined? ( We both applied for NZ PCC after leaving NZ n received them successfully without showing any offence on our name)

3. If I don’t disclose, can Canada Visa Officer find out about my denial of New Zealand visa during background checks? Please note that I didn’t run into any trouble with Immigration. Only my visa was declined as I am secondary applicant

4. If I disclose, can I just mention work visa declined due to not meeting requirements or should I attach the visa refusal letter? Even if I had not attached, will the Canada Visa Officer usually request for the visa refusal letter from me or from Immigration NZ?

5. My visa refusal letter does not say anything about my wife’s trouble but only states that my visa is declined as my partner’s visa is declined for not meeting the requirements. Will this be OK with Canada Visa Officer or they may ask for my wife’s visa refusal letter too?

6. My wife’s visa refusal letter states all the details that she does not meet the character requirements and also provided false and misleading information to the Immigration and that she has been served with a deportation liability notice. If I present this to the Visa Officer, is there chance of me getting PR or it may affect my chances because of my wife’s visa refused and being issued a deportation liability notice, despite of me not including her in my application.

7. If I get PR n I sponsor my wife in future to Canada, as we have to disclose this in her application that her visa has been refused on above mentioned grounds, is there chance of her application to be successful? Or the Canada Visa Officer may term her as inadmissible?

8. One of my friend who has somewhat knowledge about Canada Immigration suggested me to apply together with me as primary applicant, my wife as secondary. Just mention yes to statutory question that NZ visa is refused in both applications for not meeting the requirements. Dont say anything about this in LOE or attach refusal letters. Most possibly, Visa Officer wont verify such deep as to why visa was refused or so. If we attach the visa refusal letter, there are more chances of getting rejected. Like this, we can take a chance.
Will this work? Or can the Visa Officer request Immigration NZ for more info regarding my wife?

9. If I disclose everything in my Canada profile, will my wife still be eligible as secondary applicant or will she be deemed inadmissible for being issued deportation liability notice from Immigration NZ?

Apologies for the long post, but please look into my case and please suggest accordingly.

Your advice is very much appreciated..

Thank You

Did you apply for Canada? How did your application work out. I am in similar boat and wondering if I am eligible to apply for express entry.