Delhi Processing Times? Is 7 weeks too long?

[Bryanna]

Hi Harkiran,

Don't lose hope.... sometimes good things take a little longer to get

IMO (based on your previous posts), your fiance has put together a very strong application, including his ties to India. Assuming it was a case of rejection, it would not have taken 9+ weeks.... as we've seen people getting TRV decisions much sooner from the NDVO.

Perhaps, if you had obtained the GCMS Notes for the previous refusal then it would've helped to understand the situation better.

Quite honestly, I would be surprised if he is allowed entry to the NDVO + he can actually speak with consular staff/visa officer about the delay for his TRV. Such access is out-of-bounds to normal folks. And, one cannot influence or expedite any decision making.


On a side note:
You may want to speak with the Registrar of Marriages in Srinagar (are you getting married there?).... or a lawyer who specializes in matrimonial matters in India.... if I am not mistaken, only one party needs to have resided in the jurisdiction of that city/town to give 30 days notice for marriage. This would be a civil marriage registered as per The Special Marriage Act.

So, it may not necessary be for both persons to be residents of that city/town for 30 days prior to giving the notice of marriage.

Another point: If you and your fiance both profess the Sikh religion.... then you can get married as per the Anand Marriage Act (applicable to Sikhs).... and as per an amendment a couple of years ago, Sikhs have their own personal law..... and are not governed by the Hindu Marriage Act.

I'm not too sure.... I think no prior notice period for marriage solemnization is required for the Anand Marriage Act.... you may want to check this too.


Yet another point:
Once you are married in a religious ceremony or a civil ceremony, it is NOT necessary to go through yet another marriage ceremony (religious or legal).... the first marriage ceremony is considered binding and legally valid.... any other marriage ceremonies conducted later are only *superficial*.

Even if you get married in a religious ceremony, you can use the marriage certificate issued by the religious authority.... you must register the marriage though.... to apply for PR. Do be sure to have plenty of evidence of the religious marriage ceremony, etc


Do check the above points.... it could help you to optimize your leave days

 

[Bryanna]

It was his first post on the forum. People posting for the first time are not allowed to start new topics. Now that he has posted once, he should be able to start a new topic.

Thanks Scylla for pointing that out

 

[HarkiranKaur]

Yes we are both Sikh. Him by birth and myself by choice (started following Sikhi about 4 years ago, and it's well documented... I was even in the Chandigarh edition of Times India in print recently, because I became the first Sikh woman in the Canadian Navy to tie a turban in uniform and that made international news - so I have lots of prrof that I am in fact Sikh) Consequently, in that interview for the Times India, I was asked about marrying a Sikh now that I was following Sikhism and I did in fact mention I was marrying a full baptized Sikh man from Srinagar Kashmir. So we included that news article as a proof of our genuine relationship (to show that it's not a fradulent relationship just to get him citizenship here). That news article in actual print (it was half the page!! LOL I was humbled... it also unequivocally verifies my identity, trustworthiness and establishes our relationship as genuine). We can look into the anand marriage act... But I was seriously hoping not have to wait literally several years for a PR application before my Mother can finally meet my husband. The idea was for her to meet him BEFORE I marry the guy! haha or else I feel like I am doing something behind my family's back...

 

[Bryanna]

Congratulations on your achievements

As you are a practising Sikh, it should be possible to solemnize your marriage as per the Anand Marriage Act.... this will be a religious ceremony.... you can register your marriage immediately with the Registrar of Marriages (in Srinagar) without losing time..... and apply for your fiance's PR.


Truly hope your mom is able to meet your fiance before your marriage

 

[Rupinder1308]

Canada embassy can't release any information to third party according to immigration act and regulations whether it's minister or any high post officer unless applicant signed a representative form.
For the processing time delhi embassy process applications for nepal , Bhutan ,afganishtan and india so they receive a high volume of applications. I know someone who got decision in 4 days and another person got decision in 95 days. By visiting with minister or any high post officer will not make any difference or will not expedite your application , as Canada visa offices oversea threat every applicant equally.
Visa officer have to make decision within half an hour on one application.if visa officer wants to conduct further investigation on an application then visa officer keep that file on a side and communicate with the organization or institute from where to get supporting documents to conduct information regarding applicant document. If application got refused recently from other visa office within same country then visa officer communicate with that visa officer who refused your application to discuss about the application.
Before u ask how I know all this let me tell u that I am studying criminology and immigration at UBC Vancouver Canada.

 

[HarkiranKaur]

Okay so we found out why its taking so long....

We were able to find out the actual status because his Minister friend knows someone who works at the clerical level at HCC and though of course they can not expedite anything, they CAN see the actual status because they can access the files. In my fiance case, all checks have returned except they are witing for one more... they security background check (assuming because he is from Kashmir). He doesn't have anything in his past that would be negative, wuite the opposite actually with awards being given for peace initiatives, volunteer work helping downtrodden etc. At least this time they are actually gathering all the information to make an informed decision instead of rejecting outright based on the word 'fiance' and the fact that he's Punjabi. Chandigarh did not do any of this... they just rejected outright without researching his file. So at least Delhi is doing their job.

How long does a security background check take in India usually?? As a side note, his brother is a superintendent of a police force in India (wont say where to protect his identity) but he is looking to see if he can locate it and expedite it (the check not the Visa application) if it works anything like Canada then any police force can access the database of background checks nationally. So maybe that will move things along a little bit faster.

But overall I think its positive news. The notes on his file are all positive. Now the only issue is we are way last the original invitation dates, so he has submitted another letter stating that it is not his fault that the application is taking so long to process so he hopes they will not use the original invitation dates against him and reject him since they are now long past. He stated in the supplemental letter he sent last week, that should they need an updated invitation with new dates I can send electronically at any time should they request it. He also reiterated that we are approaching the marriage date in India soon, and he really is hoping to come here prior to seek my Mother's blessings for the marriage.

So I hope we will hear something soon...

 

[Bryanna]

Hi Harkiran,

In my fiance case, all checks have returned except they are witing for one more... they security background check (assuming because he is from Kashmir)

This is what I had imagined was causing the delay.... as I had mentioned in my previous post.

Also, as your fiance' had previously applied from Chandigarh.... this time from Delhi.... and he is from Kashmir, these changes could also be delaying matters to some extent.

How long does a security background check take in India usually?? As a side note, his brother is a superintendent of a police force in India (wont say where to protect his identity) but he is looking to see if he can locate it and expedite it (the check not the Visa application) if it works anything like Canada then any police force can access the database of background checks nationally.

I would not put a background check down to only police checks.... it could involve other security-related checks too.

No, I do not think the Indian police have a national-level database that enables checking an individual's background on a pan-India basis.

It's not possible to say how long a background check will take.... for example: if your fiance' has changed residences/lived in different places then it could take longer. It's quite difficult to say what checks are being done/and why in this case.

Normally, such background checks are not done for a TRV.... it is for PRs.


Hope for the best

 

[HarkiranKaur]

If they are doing this now for a TRV, will they keep it on file so that when we apply eventually for his PR it will already be done?? Or will they do the entire process again??

 

[rivendell]

Congratulations, wishing you the best and hope you get his visa soon ! was inspired reading your story ..

 

[Bryanna]

If they are doing this now for a TRV, will they keep it on file so that when we apply eventually for his PR it will already be done?? Or will they do the entire process again??

I think none of us may have an answer to this.

Your fiance must submit Police Clearance Certificates (PCCs) for his PR. CIC will also do background checks