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Alexis1971

Hero Member
Feb 16, 2020
737
510
Technically they can refuse you again based on intent to return after winning genuine appeal.
They have covered the field with landmines.
Why would they refuse again? Sounds like she is the PA and her partner is the sponsor. He has status in Canada then he can return without any problem. Is he a Canadian or PR?
 

ta1ons

Star Member
Nov 9, 2019
197
95
Why would they refuse again? Sounds like she is the PA and her partner is the sponsor. He has status in Canada then he can return without any problem. Is he a Canadian or PR?
My friend. He is very weird. It is not his first time to say that they would refuse application after winning appeal. It seems that he had suffered that but it is not.
I see a lot of sponsor back to the place where PA stay and come back together after application if finalized.
 
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Alexis1971

Hero Member
Feb 16, 2020
737
510
My friend. He is very weird. It is not his first time to say that they would refuse application after winning appeal. It seems that he had suffered that but it is not.
I see a lot of sponsor back to the place where PA stay and come back together after application if finalized.
Im wondering if he even has an application pending...some of the questions and comments are very strange.
 
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Phalos

Champion Member
Jun 19, 2020
2,565
1,291
Why would they refuse again? Sounds like she is the PA and her partner is the sponsor. He has status in Canada then he can return without any problem. Is he a Canadian or PR?
There are 2 possible reasons for refusal:
1. marriage not genuine/bad faith
2. no intent to return

So if you win appeal on #1 , they can still refuse you on #2.
I dont know if it happens often, but theoretically its a possibility to be aware of...
 

Erum.shahzadi

Star Member
Feb 20, 2020
95
64
After winning my appeal in dec2020 i went to visit my husband. Im still with him because we dnt want to live apart now and are waiting for the visa. They cant refuse after appeal is won right? Its not a problem that i am not in canada right now? I mean i do intend to return once the visa is issued.
 

hollafame

Full Member
Aug 6, 2018
42
4
Hi everyone,
Would like to get your advice on an appeal. I tried to sponsor my Thai wife (I'm a Canadian) and I just got refused two days ago on the basis that I didn't show a good enough intent to return.

I supplied them with conversations with my parents of us being excited to return, job searches, bank statements in Canada, bank statement in Thailand showing that I'm periodically sending money back to Canada, my bank account in Canada, etc. Previously in March, they were asking me to supply them with letters showing I resign from my job, letters that I ceased my lease in Thailand and other unreasonable material which I can't risk if I were denied. They said because it was unsatisfactory, I got rejected.

For these reasons, what would you guys advise I do? Should I appeal? Or should I just go to Canada with my Thai wife who currently has a tourist visa that expires on May 2022 along with her passport and apply inland?

It is very frustrating because we are genuine in our marriage and we supplied all the necessary documents and only at the last bit where it got sent to the Singapore office, we got rejected. Heartbreaker.
 

Phalos

Champion Member
Jun 19, 2020
2,565
1,291
After winning my appeal in dec2020 i went to visit my husband. Im still with him because we dnt want to live apart now and are waiting for the visa. They cant refuse after appeal is won right? Its not a problem that i am not in canada right now? I mean i do intend to return once the visa is issued.
I am not familiar with their policy on this. Technically, if you leave Canada more than 6 months it can become a problem because you are a non resident for ircc purposes.
They can still refuse an application on any other ground other than Genuineness. How often it happens I have no idea. I would think it is uncommon to go back to appeal after winning.
 

anik2017

Newbie
Feb 20, 2020
1
0
I am not familiar with their policy on this. Technically, if you leave Canada more than 6 months it can become a problem because you are a non resident for ircc purposes.
They can still refuse an application on any other ground other than Genuineness. How often it happens I have no idea. I would think it is uncommon to go back to appeal after winning.
Where you got that info ?? A PR holder can stay outside of Canada 3 years in a 5 years period …that means you need to stay at least two years in Canada to maintain your PR status … and Canadian citizen ??? As long as he/she wants don’t make people confused please …. There is no rule that you can’t join with your spouse after you win the appeal so far you are in that time frame …….
 

armoured

VIP Member
Feb 1, 2015
17,285
8,889
Where you got that info ?? A PR holder can stay outside of Canada 3 years in a 5 years period …that means you need to stay at least two years in Canada to maintain your PR status … and Canadian citizen ??? As long as he/she wants don’t make people confused please …. There is no rule that you can’t join with your spouse after you win the appeal so far you are in that time frame …….
A PR holder must be resident in Canada throughout the process to sponsor their spouse; surely they can travel but must remain a resident (i.e. not move permanently out) - short trips are clearly allowed but after that is unclear. No indication I'm aware of that this is different after an appeal.

A citizen does not need to be resident in Canada but may have to satisfy IRCC of intent to return to Canada with spouse.

And yes, applications do get refused on both these grounds. If there's something about it different during/because of an appeal - I don't know,, but I doubt it.
 

Phalos

Champion Member
Jun 19, 2020
2,565
1,291
Where you got that info ?? A PR holder can stay outside of Canada 3 years in a 5 years period …that means you need to stay at least two years in Canada to maintain your PR status … and Canadian citizen ??? As long as he/she wants don’t make people confused please …. There is no rule that you can’t join with your spouse after you win the appeal so far you are in that time frame …….
@armoured has elaborated on my point for you.
 

armoured

VIP Member
Feb 1, 2015
17,285
8,889
After winning my appeal in dec2020 i went to visit my husband. Im still with him because we dnt want to live apart now and are waiting for the visa. They cant refuse after appeal is won right? Its not a problem that i am not in canada right now? I mean i do intend to return once the visa is issued.
Are you a citizen or pr?
 

Erum.shahzadi

Star Member
Feb 20, 2020
95
64
A PR holder must be resident in Canada throughout the process to sponsor their spouse; surely they can travel but must remain a resident (i.e. not move permanently out) - short trips are clearly allowed but after that is unclear. No indication I'm aware of that this is different after an appeal.

A citizen does not need to be resident in Canada but may have to satisfy IRCC of intent to return to Canada with spouse.

And yes, applications do get refused on both these grounds. If there's something about it different during/because of an appeal - I don't know,, but I doubt it.
So is it advised i come back to canada? I do have a return ticket but there is a travel ban going on for canada and pakistan and my initial date to travel back was may 23 which got cancelled by the airline, they will reissue once the ban is lifted.

I wanted to stay with my husband until his visa got issued because i am mentally done with this neverending process but now im confused on what to do to stay or come back.