Applying Dependent visitor visa after refusal of visitor visa in friend category

[vikiviky]

Hello,
I need an urgent advice, I planned to bring my fiancee immediately after my marriage and do the dependent visa after , Therefore applied for my fiancee visitor visa (in friend category), it got refused on May 4th due to 1) Purpose of Travel 2) Financial status and asset 3) Travel History.
Now , My employer about to file her Dependent Visa and when i told them about the history , they got concerned . Please do advice Is there a risk getting her dependent visa( in Visitor Category) ?

Thanks

 

[Bryanna]

Hello,
I need an urgent advice, I planned to bring my fiancee immediately after my marriage and do the dependent visa after , Therefore applied for my fiancee visitor visa (in friend category), it got refused on May 4th due to 1) Purpose of Travel 2) Financial status and asset 3) Travel History.
Now , My employer about to file her Dependent Visa and when i told them about the history , they got concerned . Please do advice Is there a risk getting her dependent visa( in Visitor Category) ?

Thanks

There's no 'fiancée visitor visa' and no 'dependent visa' (for visitors)


1. What is your immigration status?

2. You are not married yet. So, what visa is your employer filing for your fiancée?

 

[vikiviky]

There's no 'fiancée visitor visa' and no 'dependent visa' (for visitors)
You are right, I meant to say that in application i mentioned Fiancee everywhere Application was in visitor visa itself. I even posted our engagement picture .



1. What is your immigration status?
In work permit ( Quebec)

2. You are not married yet. So, what visa is your employer filing for your fiancée?

Its my bad, did not put complete info, I applied her visitor visa on March 26, It got refused on may 4th, Our Marriage date was May 6th. Now we are married with proper marriage certificate. My employer will file a visitor visa again with our marriage certificate, i am deeply concern of the future, please advise

 

[Bryanna]

Its my bad, did not put complete info, I applied her visitor visa on March 26, It got refused on may 4th, Our Marriage date was May 6th. Now we are married with proper marriage certificate. My employer will file a visitor visa again with our marriage certificate, i am deeply concern of the future, please advise

She can apply for a spouse open work permit. She must include stronger evidence to overcome the previous TRV refusal reasons. Nothing to worry about

 

[vikiviky]

She can apply for a spouse open work permit. She must include stronger evidence to overcome the previous TRV refusal reasons. Nothing to worry about

Thanks Bryanna, But can she not apply under the visitor category? i reckon chances in Visitor category is more than Work permit.

 

[Bryanna]

Thanks Bryanna, But can she not apply under the visitor category? i reckon chances in Visitor category is more than Work permit.

IMO (and based on the refusal reasons you posted, although you haven't posted details about her personal and professional situation), her chances of a TRV approval are slim. Those refusal reasons are quite typical of applicants who don't meet the basic criteria for a TRV

 

[vikiviky]

IMO (and based on the refusal reasons you posted, although you haven't posted details about her personal and professional situation), her chances of a TRV approval are slim. Those refusal reasons are quite typical of applicants who don't meet the basic criteria for a TRV

Thanks Bryanna, Here are the 4 main reason that Imm Off gave and i have my own comments on all

a) Travel history --> In most cases people who entering in Canada doesn't have travel history
b) Purpose of visit--> Before she was coming as a friend but now she is applying as Spouse under TRV
c) Financial status & Asset --> Since we are married now, i think this shouldn't matter as i work in canada
d) Immigration officer did not believe that the applicant will leave canada by the end of the authorized period --> Her period of stay now would be based on my visa expiring date.


Wouldn't it really matter for the applicant because before she applied as friend and now she applying as spouse in TRV, Based on your experience , do you think it matters for TRV and not open work permit?

 

[Chay99]

Thanks Bryanna, Here are the 4 main reason that Imm Off gave and i have my own comments on all

a) Travel history --> In most cases people who entering in Canada doesn't have travel history
b) Purpose of visit--> Before she was coming as a friend but now she is applying as Spouse under TRV
c) Financial status & Asset --> Since we are married now, i think this shouldn't matter as i work in canada
d) Immigration officer did not believe that the applicant will leave canada by the end of the authorized period --> Her period of stay now would be based on my visa expiring date.


Wouldn't it really matter for the applicant because before she applied as friend and now she applying as spouse in TRV, Based on your experience , do you think it matters for TRV and not open work permit?

Hi,

From what I know, we can only apply work permit if the spouse is already in Canada. @Bryanna - pls correct me if I am wrong here.
So, I think your only option will be visitor's visa. If you file PR after your spouse enters Canada on a visiting visa, then you can apply for open work permit. How ever you might not be interested in this conversation at this point.
Since there is a rejection earlier, I would suggest applying through an immigration consultant/lawyer this time.

Meanwhile, do you mind sharing the following details. Just trying to understand why immigration officer rejected your spouse visa first time.
1. Was your spouse employed and submitted a vacation proof when she filed visa for first time?
2. Did she show decent bank balance (atleast 5,00,000 INR or 10K CAD) ?
3. Did she provide a return flight ticket as proof that she will return at the end of her trip?

 

[vikiviky]

Hi,
Dear Chay99- Thanks for your comment, Please have my comments on your question.
From what I know, we can only apply work permit if the spouse is already in Canada. @Bryanna - pls correct me if I am wrong here.
So, I think your only option will be visitor's visa(I think so , yes). If you file PR after your spouse enters Canada on a visiting visa, then you can apply for open work permit. How ever you might not be interested in this conversation at this point.
Since there is a rejection earlier, I would suggest applying through an immigration consultant/lawyer this time.

Meanwhile, do you mind sharing the following details. Just trying to understand why immigration officer rejected your spouse visa first time.
1. Was your spouse employed and submitted a vacation proof when she filed visa for first time?
She was employed at that time and mentioned in the application, since we were supposed to get married on May 6th, she resigned and planned to stay with me in Canada and look for opportunities
2. Did she show decent bank balance (atleast 5,00,000 INR or 10K CAD) ?
No, She did not. Apparently due to this one of the refusal reason was personal asset and financial status.
3. Did she provide a return flight ticket as proof that she will return at the end of her trip?

No, we did not give any flight ticket as a proof, not even coming to canada, i did this because many of my friends called their family without any ticket.


I know i have made few miss , but my situation of my previous application Versus Now is , We are married now, before we were not.
What would you advice? My employer is going to file a TRV now and they are consulting attorneys. Do you really think its a Risk on my next TRV since her status is significantly changed compared to previous application

This is what i got in CIC website
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=422&_ga=2.161249341.183467906.1526904878-9284573.1526375898

 

[Bryanna]

Hi,

From what I know, we can only apply work permit if the spouse is already in Canada. @Bryanna - pls correct me if I am wrong here.

No, the spouse can file for an SOWP from outside Canada.

If you file PR after your spouse enters Canada on a visiting visa, then you can apply for open work permit. How ever you might not be interested in this conversation at this point.

That's incorrect too. As the OP is not a PR, both he and his wife will be issued PR visas at the same time.... she is not eligible to apply for an open work permit (that's possible only if the sponsor already has PR status + both the sponsor and applicant live at the same Canadian address at the time of applying for the spouse PR).

Meanwhile, do you mind sharing the following details. Just trying to understand why immigration officer rejected your spouse visa first time.
1. Was your spouse employed and submitted a vacation proof when she filed visa for first time?

Based on the refusal reasons, his then fiancée did not have the finances, travel history and she did not have adequate strong reasons to return to India.

3. Did she provide a return flight ticket as proof that she will return at the end of her trip?

It's not advisable to book tickets before visas are issued

 

[Bryanna]

What would you advice? My employer is going to file a TRV now and they are consulting attorneys. Do you really think its a Risk on my next TRV since her status is significantly changed compared to previous application

IMO, she needs to be able to prove that her professional/personal situation has changed and she is a genuine, short-term visitor. Her status of 'Married' does not help for a TRV as she has a spouse who is on a work permit.

Red Flag #1:
As your wife is not employed by your employer, there's a red flag if your employer applies for her TRV. BTW your employer can only apply as her authorized representative. Nothing more than that. So, not sure what they're talking about.

a) Travel history --> In most cases people who entering in Canada doesn't have travel history

But, it could help if the applicant has traveled to visa-required countries earlier.

b) Purpose of visit--> Before she was coming as a friend but now she is applying as Spouse under TRV

Neither of these defines what is expected as 'Purpose of visit'

c) Financial status & Asset --> Since we are married now, i think this shouldn't matter as i work in canada

For a TRV, she needs to prove she has the financial resources to afford the visit either her own finances and/or your finances in India, not in Canada.

d) Immigration officer did not believe that the applicant will leave canada by the end of the authorized period --> Her period of stay now would be based on my visa expiring date.


Wouldn't it really matter for the applicant because before she applied as friend and now she applying as spouse in TRV, Based on your experience , do you think it matters for TRV and not open work permit?

I recommend applying for a SOWP instead of a TRV. It's your call

 

[vikiviky]

@Bryanna - Thanks for your time and your valuable comments, How would you see when i say , our refusal application was when my fiancee wasn't my wife and now when i am about to reapply, she is my official wife. Is that a big change in situation ?

 

[vikiviky]

IMO, she needs to be able to prove that her professional/personal situation has changed and she is a genuine, short-term visitor. Her status of 'Married' does not help for a TRV as she has a spouse who is on a work permit.

Red Flag #1:
As your wife is not employed by your employer, there's a red flag if your employer applies for her TRV. BTW your employer can only apply as her authorized representative. Nothing more than that. So, not sure what they're talking about. ( @Bryanna My employer will be As an Authorized representative, it will be applied via vfs global india)



But, it could help if the applicant has traveled to visa-required countries earlier.



Neither of these defines what is expected as 'Purpose of visit'



For a TRV, she needs to prove she has the financial resources to afford the visit either her own finances and/or your finances in India, not in Canada. ( @Bryanna I see why you writing this because she need to show the strong tie up with the home country either by her own or by me, My employer is based on India and i work in Canada for one of the client of my Employer, wouldn't that be a strong reason)


d) Immigration officer did not believe that the applicant will leave canada by the end of the authorized period --> Her period of stay now would be based on my visa expiring date.



I recommend applying for a SOWP instead of a TRV. It's your call

 

[Bryanna]

@Bryanna - Thanks for your time and your valuable comments, How would you see when i say , our refusal application was when my fiancee wasn't my wife and now when i am about to reapply, she is my official wife. Is that a big change in situation ?

That's why I suggested applying for an SOWP instead of a TRV.

With one TRV refusal as your fiancée. she would now apply as your wife. The visa officer won't be convinced that she will return home after a short stay. Her family ties to you (spouse) will be stronger than any other ties she has to India.... unless she can prove some super compelling reason to return to India after a short visit.

I see why you writing this because she need to show the strong tie up with the home country either by her own or by me, My employer is based on India and i work in Canada for one of the client of my Employer, wouldn't that be a strong reason)

Not sure how. Both are different employers

 

[vikiviky]

That's why I suggested applying for an SOWP instead of a TRV.

With one TRV refusal as your fiancée. she would now apply as your wife. The visa officer won't be convinced that she will return home after a short stay. Her family ties to you (spouse) will be stronger than any other ties she has to India.... unless she can prove some super compelling reason to return to India after a short visit.(@Bryanna She will not leave after short visit, she will stay here as long as i am here. we are applying for more than 6 month, All of my colleagues wife staying here for years. She has done her medicals in india already, we were almost about to apply for TRV again before i told my employer who is authorized representative of my wife , who then asked me to hold until they check with GANDS )


Not sure how. Both are different employers