effect of refusals on immigration

[saidpuria]

hi to all respected experts
little about my history

completed bca(bachelor in computers,3 years) from punjab tech university in 2006.

visited thailand in 2005 as visitor for 2 weeks.

moved to australia(melbourne) on student visa in july 2007 for multimedia course.
left aus and studies in between because my brother died in car accident and back to india in 2008.

moved to uk on student visa for msc comp networking in oct 2009.
3 months break in university started from july 2010 upto 4th oct 2012.
visited austria (on schenegen visitor visa) for 10 days in july.
back to india in the end of july 2010
did not back to uk because of family crisis.
informed uni for holidays 1 month late and they said come back in feb 2011 instead of oct session for next classes.
when returned back in feb 2011, they refused me to sit in class.
back to india again in may 2011 with uncomplete msc.

when i was in india in jan 2011. i took addmission in pgdca(post graduate diploma in computer) for backup.
gave exams in dec 2011 and passed pgdca.

oracle certification and web designing classes along with pgdca after may 2011.
again applied for student visa(uk) for lower level course (btec) in dec 2011 & visa refuesd because of study progression.(misguided by agent)

met my girl in dec 2011.
got married to her (canadian citizen) in august 2012.
because of her second marriage and five years sponsership bar we are eligible to apply in the end of feb 2013,
my wife was with me in india for 2 months after marriage.

i applied for visitor visa canada in dec 2012 and they refused (refusal is , i will not come back) even i explained them that we are applying in the end of feb 2013 for immigration. anyways.

my questions are.
1. if any effect of refusals (uk student visa, & canada visitor after marriage) on pr application?
2. any issue because of my wife's second marriage.(she got separate in 2010 and got divorce in march 2012)
my wife is working as qa manager (package is 60 k) per year. msc micro biology.

thanks alot for your kind support as your answer matters alot in our application.

 

[achander]

1. When u applied for Canadian Visit Visa did you show proof that you were planning to come back? for example return ticket, proof of job, ownership of property etc. It would have been easier to apply for PR and have your wife visit you in the process. As far as i understand, it shouldn't have an effect on ur PR application.

2. I thought 5 years was from when you got divorced. Wouldn't that make it 2017? I might be wrong. Your case will be scrutinized in detail since your wife's first marriage failed. But if everything is done right, then should be alright.

 

[Luckyman]

I don't understand this 5 year sponsorship ban?

Any many applications with divorced sponsors go through without a hitch

 

[stevelo]

1. When u applied for Canadian Visit Visa did you show proof that you were planning to come back? for example return ticket, proof of job, ownership of property etc. It would have been easier to apply for PR and have your wife visit you in the process. As far as i understand, it shouldn't have an effect on ur PR application.

2. I thought 5 years was from when you got divorced. Wouldn't that make it 2017? I might be wrong. Your case will be scrutinized in detail since your wife's first marriage failed. But if everything is done right, then should be alright.

5 years from the day they are granted PR.

1. You were refused entry because you were not intending to visit. That should not really impact the immigration process but might make it difficult for you to visit your wife in Canada during the process. Might have to apply for a study permit or something.

2. Shouldn't be, but hope you have lots of evidence of relationship (big wedding, etc. etc.).

 

[chipits]

I don't understand this 5 year sponsorship ban?

Any many applications with divorced sponsors go through without a hitch

If you were sponsored to come to Canada in the family class, as a spouse, you cannot sponsor a second spouse until five years after you have become a permanent resident.

I believe achander is wrong as well, it's five years from when you get your PR, not five years from your divorce.

 

[amikety]

This is completely my opinion, but I think CIC will look at your case very hard.

It's obvious you want to get into Canada.

Your courtship was very short.

Your wife was sponsored and left her sponsor in two years.

These are all red flags. You will need to have a good, documented relationship. Prepare for an interview. It's likely you'll have one.

PS - give up on the visitors visa for now. With a wife in Canada, you'll be deemed an overstay risk and be denied. Save your money. After Stage 1 approval (AIP, sponsor approval) you can try again. A few people have gotten the visa then but not many.

 

[sunsun]

Just apply outland , processing time is only 10 months in India....so why must you come to Canada after VO refused visitor visa ?

 

[sunsun]

So your wife was sponsored by her ex husband ? How long did she stay with her ex husband ? Last time I read in this forum , there was 1 guy wanted deport his wife and cancelled spouse sponsor because he found out his wife is not virgin and has scars in her body....OMG
Is it common a single guy in India married with a woman who has married before ?

 

[sunsun]

That guy is from India.....

 

[saidpuria]

thanks for your feedback guys.

my wife got divorce after 5 years of marriage. she went on student visa in 2006.married in 2007.separate in 2010 and divorce in 2012.they were going through bad relationship for last 3 years from given 5 years.they bought house together but after divorce my wife kept that house and gave him his part of money through lawyer. she has that papers.can we use these papers as evidence for our immigration application?
and yes, when i applied for visitor, i sent my web desiging business documents which i started recenty(4 months ago) property documents owned by me and my mom n dad. return ticket and everything else. my wife explained in sponsership lettter that she will have all the expenses for my visit. she has 60 + package + her own house. but still they refused

 

[saidpuria]

5 years from the day they are granted PR.

1. You were refused entry because you were not intending to visit. That should not really impact the immigration process but might make it difficult for you to visit your wife in Canada during the process. Might have to apply for a study permit or something.

2. Shouldn't be, but hope you have lots of evidence of relationship (big wedding, etc. etc.).

yes i have alot of evidence such as
marriage cartificate from court
marriage hall bills
wedding reception certificate & bills
marriage pics
reception pics
phone bills & emails from jan 2012 upto date
her entry stamps when she visited india in de 2011 when we first met
air ticket when she visited for marriage
entry stamps of her brother, sister, and sister in law(bro's wife) when they visited for our marriage in august 2012.
hotel bills from the different places (mc leod ganj, kashmir, delhi) where we went for honey moon +pics
greetings which she sent on my bday this year before marriage.
bills of photography from both sides
bills for her receptin dress+ suits, ring, and my dresses
few other things
if we are missing something plz advice
thanks alot

 

[sunsun]

More than enough... Good luck

 

[amikety]

thanks for your feedback guys.

my wife got divorce after 5 years of marriage. she went on student visa in 2006.married in 2007.separate in 2010 and divorce in 2012.they were going through bad relationship for last 3 years from given 5 years.they bought house together but after divorce my wife kept that house and gave him his part of money through lawyer. she has that papers.can we use these papers as evidence for our immigration application?
and yes, when i applied for visitor, i sent my web desiging business documents which i started recenty(4 months ago) property documents owned by me and my mom n dad. return ticket and everything else. my wife explained in sponsership lettter that she will have all the expenses for my visit. she has 60 + package + her own house. but still they refused

They're going to refuse a visitor visa for a spouse from India 99% of the time. It's nothing you've done. It's because in the past, people have abused their visas and ruined it for everyone else.

Like I said, you can try again after you have stage 1 approval. You have a slightly better chance (but still small).

Your web business really doesn't show ties. You can work on a web business anywhere. Property is better in your name only.

 

[sunsun]

how did they abuse their visa ? got visitor visa and not back to India ? In Canada there are so many people from India , China , Philipina , Vietnam.... :

 

[chipits]

how did they abuse their visa ? got visitor visa and not back to India ? In Canada there are so many people from India , China , Philipina , Vietnam.... :

That's right, they get the visitors visa and don't leave, and that's ruined it for almost everybody else from the same countries who has married Canadians. There are people from tons of countries in Canada, which is fantastic, but 99% of them are here legally, having gone the correct route and not overstayed their visas. Sadly it's that 1% that DO abuse the system that make it difficult for people now.