Canadian married to Indian

[leanne88]

Hello everyone. I am sorry if this is already answered somewhere.. My husband and I would be so very grateful for anyone who can offer us any advice on our situation. I am Canadian, but currently studying and living in India for the last 3 years (i have not been to Canada in 4 yrs). While here, I married an Indian. We were hoping next month to go to Canada for 3 months to visit my family and them come back to India, as my husband has a business here. We just applied for his TRV in india and got swiftly rejected without even being called for an interview. They gave all sorts of invalid reasons for the rejection such as not enough money, travel history , no family relation in Canada, etc. We had all the documents , including 2 family invitation letters, marriage certificate, business liscense, and plenty of money. We are both shocked as we can't understand how they could reject his application. He has no criminal record or anything else that should make him inadmissable. Does anyone have any insight into what could have been the problem and what our next steps could be? Your advice is very much appreciated as we are both feeling quite confused and sad as we were really looking forward to going to see my family. Thankyou!

 

[scylla]

It is not at all unusual for a TRV to be refused under these circumstances. To be approved for a TRV, you must prove that you are a genuine visitor and have no intentions of remaining in Canada long term. This is difficult for someone to prove when their spouse is a Canadian because it is assumed the foreign spouse probably wants to immigrate. You can certainly try applying again. If you do, focus on providing as much evidence as possible that shows he has strong ties to India and will return there after his visit. There's a very good chance you will be refused again. But you can certainly try.

Note that the refusal reason for family in Canada was not the lack of family in Canada (many people misunderstand this refusal reason) but that your husband has strong ties to Canada. Having strong ties to Canada works against you because it makes it more likely you have plans to remain in Canada long term.

 

[Simcaur]

Y don't u apply for his pr from India only as u r a Canadian citizen. Once he gets his pr then travel together.

 

[leanne88]

It is not at all unusual for a TRV to be refused under these circumstances. To be approved for a TRV, you must prove that you are a genuine visitor and have no intentions of remaining in Canada long term. This is difficult for someone to prove when their spouse is a Canadian because it is assumed the foreign spouse probably wants to immigrate. You can certainly try applying again. If you do, focus on providing as much evidence as possible that shows he has strong ties to India and will return there after his visit. There's a very good chance you will be refused again. But you can certainly try.

Note that the refusal reason for family in Canada was not the lack of family in Canada (many people misunderstand this refusal reason) but that your husband has strong ties to Canada. Having strong ties to Canada works against you because it makes it more likely you have plans to remain in Canada long term.

Thank you so much for your reply. We are going to try one more time. Do you think it would be better to take out the family invitation letters and focus more on tourism? We had said that we were planning to stay with family the whole time. We have plenty of money to go as tourists. Might it be better to make an itinerary and go that route instead or will they have his other app. on file anyways?

 

[torontosm]

Y don't u apply for his pr from India only as u r a Canadian citizen. Once he gets his pr then travel together.

You can not sponsor a spouse for immigration unless you either: (i) reside in Canada; or (ii) can demonstrate clear intent to move to Canada following completion of the sponsorship process. As the original poster mentioned, she and her husband want to live in India where he has a business.

 

[scylla]

Thank you so much for your reply. We are going to try one more time. Do you think it would be better to take out the family invitation letters and focus more on tourism? We had said that we were planning to stay with family the whole time. We have plenty of money to go as tourists. Might it be better to make an itinerary and go that route instead or will they have his other app. on file anyways?

Focus on providing as much evidence as possible of his ties to India and proof that you plan to return to India after the visit. I think this is what is most important.

 

[leanne88]

Focus on providing as much evidence as possible of his ties to India and proof that you plan to return to India after the visit. I think this is what is most important.

Thankyou for all your advice. We reapplied giving more evidence of his return to India and we were successful ! They gave him a 6 month TRV . Just wanted to give some happy news to others as well, that even if you get rejected the first time - keep trying!!

 

[June2013]

Leanne88,

Hope you still follow this forum.

How long after the first application you reapply?