Canadian Citizen re-apply after refusal while living with spouse overseas

[ProGuard]

I just wanted some information on Canadian Citizens sponsoring spouses while living overseas with them.

Our sponsorship was refused on one ground after interview which was the usual ''not genuine'' and so we I have been living together overseas with my wife for over 6 months now. I chose not to appeal because the Toronto wait times are ridiculous over 2 years and my wife's country has a immigration exemption that if your married to a citizen of the country you are automatically a resident and allowed to stay as long as you like so that really helped. We have been enjoying ourselves since its a great tropical country that's advanced we have been renting a nice apartment and the currency exchange rate is great and now we are ready to re-apply I know a immigration lawyer (NOT a consultant) back in T-Dot and im going to be giving our re-apply case to him soon.

questions I have are:

1. What is different about sponsoring from abroad?
2. Is it looked at any different by CIC?
3. If you are living with your spouse and it is a re-apply after refusal is judged differently?
4. Will it be a more positive process?


any information would be appreciated. Thank you

 

[Rob_TO]

1,2 - The only real difference is as the sponsor, you need to prove to CIC that you really intend to return to Canada after the application is approved. Other than that, the PR app is processed the same.

3,4 - I assume you applied outland also the first time. So your 2nd application here should be going to the same visa office, and perhaps will be processed by the exact same visa officer. What is the specific reason they didn't think your relationship was genuine before? Do you think living together for 6 months will be enough to change this?

 

[ProGuard]

The Reason it was deemed not genuine because I had not spent enough time with my wife and a letter sent by a jealous member of the family who claimed that our marriage was a fraud... which is a common thing I heard, my wife and I are leaving for Ireland in 2 weeks from her country. For her country It is a Visa exempt and I have connections there. So the Visa Office and same officer is no longer a issue.

 

[Rob_TO]

The Reason it was deemed not genuine because I had not spent enough time with my wife and a letter sent by a jealous member of the family who claimed that our marriage was a fraud... which is a common thing I heard, my wife and I are leaving for Ireland in 2 weeks from her country. For her country It is a Visa exempt and I have connections there. So the Visa Office and same officer is no longer a issue.

In order to be processed from the London visa office (which would do Ireland residents), your wife must have a valid visitor or other status in Ireland for minimum 12 months. If she is just going on a visa-exempt passport I believe you only get 6 months status, so you might not qualify to process out of London.

Also even if you do meet qualifications and request London VO and specifically request it, CIC may still ignore this and just decide to send your application to the visa office based on her passport/home country. This has happened many times.

 

[sadafh]

Im sorry to hear about the reason for your refusal.

If you dont mind me asking, what information do you think the "jealous" family member used to notify the immigration that your marriage is fake.

Can this be done with just having access to your name? Wont they need "proof" or something to backup that your marriage is fake? How long did you stay with your wife after getting married?

 

[ProGuard]

Apparently for CIC you dont need much proof of allegations. A simple letter or phone call from someone making allegations on your case is enough which is really sad. but visa officers will always take it into account. CIC thinks everyone wants to come to Canada but that is actually not the case many immigrants are simply using Canada but are very much connected to their home countries and even live there for years without Canada's knowledge. Simply put Canada is a unfriendly nation with no unity and the fact anyone can make a stink about someones case is ridiculous which is basicially why me being a canadian citizen and they are not allowing my wife to be with me here I have ''defected'' at least for awhile. I love my wife far more than Canada. My wife and are headed to New Zealand or Ireland now and then re-apply later on.

 

[canadianwoman]

CIC thinks everyone wants to come to Canada but that is actually not the case many immigrants are simply using Canada but are very much connected to their home countries and even live there for years without Canada's knowledge.

This is exactly what the Canadian government does not want, and why they are so difficult about issuing visas.

The longer you live with your wife overseas, the more likely it is that the next time you apply to sponsor her, the visa officer will decide that your relationship is genuine. Living together in her country, in Ireland, or New Zealand, etc., will help your case. I`d say 6 months is not long enough. A year might be. To apply through a visa office other than the one responsible for her country of citizenship, she would have to be admitted to that country for a year. She does not have to live there for a year, she just has to have a visa or resident permit that is good for a year.

If you live with her abroad and sponsor her from there, one problem would be that you would have to prove that you would go back to Canada to live once she gets her PR visa.

 

[ProGuard]

Yes that is the reason CIC is tough to convince now and also this is not fair to Canada, but it is what it is that issue happens in the USA, Canada, Australia and so on, but unlike those countries Canada is fragile, at least in my opinion. there is no question about our genuine (now anyways). but I know all I really have to do is convince them we'll come back.