Background / Declaration problem Wife prior student permit application

[theedge]

Hello,

While filling the form, my wife told me that she had applied for a study permit in the past.
It was more than 5 years ago and she was refused. On the letter explaining why she was refused it stated that:

1. she didn't satisfied the officer that she had adequate funds to pay for her expense and everything.

2. She didn't satisfied the officer that she was an intending temporary resident.

3. The officer wrote in pen under Other Reasons:
Not satisfied that you are a bona fide student.

Now this was all done 5 years ago. She was getting sponsored by her aunt and from what Ive read on the forms that they filled at that time, her aunt didn't make a lot of money so I doubt they would accept her. My wife was never called for an interview in person. They simply called her cellphone and asked her question for 10-15 mins while she was in the street (so it was very noisy etc). The girl that called my wife spoke with her in Vietnamese.

The girl asked my wife how was her English and my wife told her that it was not very good. (she was not confident etc and she wanted to go study in Canada to learn English) The girl complained that she should speak English well since my wife was studying it for a while in Vietnam.

After that she got the letter in the mail and that was it.

Now I'm pretty sure this is gonna be a red flag for us...My wife speaks English very well and I'm afraid that this will cause problems.
What do you guys think? should I do something? Should my wife go pass an English test to show them that her English has improved? any advice?

Thank you all for your help.

 

[theedge]

Bump

 

[CharlieD10]

It's been 5 years, so I don't think it will raise too many questions now that she said 5 years ago her English wasn't that great. It is expected that her English now would be better than it was 5 years ago, especially if the two of you use it in your communications.

 

[canadianwoman]

Just make sure to mention this previous application for a visa in the forms - there is a question about whether she has ever applied for or been refused a visa for Canada. Say 'yes' and explain.
One previous attempt to enter Canada should be OK. Many failed attempts are a red flag, though.
The refusal letter didn't say anything about her English ability, so it should be a non-issue. The visa officer will want to be sure you two can communicate, but her English could easily have improved in the 5 years, so it should be OK. People don't usually bother to get an English test for a spousal PR application, and I've never heard of a visa officer asking for one. They will assess her English skills at the interview, so if you are confident she will be able to handle the interview, everything should be fine without a test. She doesn't have to be perfect, she just has to be good enough that the VO believes you two can communicate.

 

[theedge]

Thank you both for your reply.


I was thinking...if she would get an English cert. would that "increase" our chances of getting the interview waived? or since she got refused one time we will probably get an interview?

Thanks

 

[CharlieD10]

Being refused a TRV is not, in and of itself, a reason for requesting an interview. Interviews are requested if the IO has concerns regarding, especially, the genuineness of the relationship. Applying for multiple visas to Canada for which you are denied, and then marrying a Canadian if you speak English poorly? Now that does give rise to concerns and may call for an interview, as the IO may feel that the marriage is being used as just another attempt to gain status in Canada.

Applying for a student visa and being denied 5 years before you apply for spousal PR, by itself that's not a big deal. It is the entire context of the application and the applicant's history that matters.

 

[canadianwoman]

Thank you both for your reply.


I was thinking...if she would get an English cert. would that "increase" our chances of getting the interview waived? or since she got refused one time we will probably get an interview?

I don't think having an English certificate will make any difference. I've never heard of a VO expecting such a thing or asking for it. Can you speak her language? I suppose for the question that asks what language you communicate in, if you put Vietnamese and English, and then attached a certificate documenting her English abilities, and another documenting your Vietnamese abilities, the VO would have no questions at all about your ability to communicate. You could add it, but I really don't think it is necessary.

 

[theedge]

Alright thanks both for the input