Fiancé refused TRV, need to reapply

[Silver Sage]

Hi,

My fiance had sucessfully applied for a vistor visa in 2016 and was approved for a multi entry visa for 1 year. He entered Canada 3 times. On the 3rd time he wanted to stay longer 6 months so we applied for an extension and on that application identified myself as his fiancé. He was successful with the extention for 1 year. We accidently left on vacation after his TRV expired but had the extension and he couldn't reenter Canada. He had to return to UK which is his current residence (he is Jamaican with permanent resident of the UK).

We applied for a new visa in Jan 2018 where he was refused with the following reason:

• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your family ties in Canada and in your country of residence.

One of the things he was asked for before the refusal was proof of funds, proof of employment. We provided a joint account we had here in Canada with the funds and he also works remotely as a consultant for a company in USA. He also works occasionally for a delivery service and gets cash most of the time. He has minimal activity in his bank statement in UK.

My sister is willing to offer a invitation to him for a wedding of a friend later this year; however, my biggest concern is there is a portion of the application that asked if you have been denied entry/application , if i remember correctly, and our relationship status has not changed and I don't want this to cause another denial.

So my question is, how do we apply where we have a better chance of approval? Since my sister is doing the invitation this time, does he leave out the fact he has a fiance in Canada?

Thanks,
Sims

 

[scylla]

He needs to demonstrate strong ties to the UK to demonstrate he has no plans on remaining in Canada long term to have a chance of being approved. Ideally this means he should show that he is employed in the UK, has property (or at a minimum rents/leases property) in the UK and has other assets there.

The joint account in Canada will likely work against him by demonstrating ties to Canada and making IRCC concerned he has plans to remain here long term.

He must declare his previous refusal in the new visa application. Failing to do so will result in a refusal and a potential five year misrepresentation ban from Canada.

 

[Silver Sage]

He needs to demonstrate strong ties to the UK to demonstrate he has no plans on remaining in Canada long term to have a chance of being approved. Ideally this means he should show that he is employed in the UK, has property (or at a minimum rents/leases property) in the UK and has other assets there.

The joint account in Canada will likely work against him by demonstrating ties to Canada and making IRCC concerned he has plans to remain here long term.

He must declare his previous refusal in the new visa application. Failing to do so will result in a refusal and a potential five year misrepresentation ban from Canada.

Thanks, this is helpful. The refusal does asks the question the reason for thr refusal. So based on the ties to me in Canada he will still have to declare he has a fiancé, would this not still get him refused?? This is the biggest part that worries me.

 

[scylla]

Thanks, this is helpful. The refusal does asks the question the reason for thr refusal. So based on the ties to me in Canada he will still have to declare he has a fiancé, would this not still get him refused?? This is the biggest part that worries me.

I would give the reason as:

- family ties in Canada and in country of residence

 

[Silver Sage]

I would give the reason as:

- family ties in Canada and in country of residence

We have processed his application online. It goes through the questionnaire and asks if he has family in Canada which based on the instructions we would declare 'No' however seems we should declare 'yes' which still leads to the 'family ties in Canada' which could still lead to a refusal.

Just seems that they would typically refuse the application with a declared Canadian fiancé.

 

[Bryanna]

We have processed his application online. It goes through the questionnaire and asks if he has family in Canada which based on the instructions we would declare 'No' however seems we should declare 'yes' which still leads to the 'family ties in Canada' which could still lead to a refusal.

Just seems that they would typically refuse the application with a declared Canadian fiancé.

It's not clear from your first post if you have lived together for 12 continuous months. Is that the case?

 

[Silver Sage]

It's not clear from your first post if you have lived together for 12 continuous months. Is that the case?

Hi Bryanna,

Correct, we have not lived together for 12 months continuous. He stayed in canada for 7 months on his 3rd visit in Canada. We applied for the extension about 2 months before expiry of the TRV which he was granted for 1 year. We should have applied for a new multi entry visa instead of an extension. He has 2 kids in the UK and they are younger than my kids. They were declared on the application. Thought the kids would have been solid reasons for ties to his country.

 

[Bryanna]

Correct, we have not lived together for 12 months continuous. He stayed in canada for 7 months on his 3rd visit in Canada. We applied for the extension about 2 months before expiry of the TRV which he was granted for 1 year. We should have applied for a new multi entry visa instead of an extension.

Okay. You're not common-law if that's the case.

He has 2 kids in the UK and they are younger than my kids. They were declared on the application. Thought the kids would have been solid reasons for ties to his country.

His successive visits for relatively long duration on each visit has effectively reduced the strength of his ties to his children. Basically, they are being cared for by someone else without his active participation.

Also, as he does not have too many bank transactions in his UK account, it comes across that the kids are not financially dependent on him.

In short: They are not family ties per se.


For his next application:
1. Your sister offering to provide an invitation letter for a friend's wedding. That's a very long shot. It's not the same as the friend inviting him to attend the wedding.

Also, considering his previous long stays, the friend's wedding might seem like a bit of a backdoor entry purpose to be with you.


2. He works remotely + works occasionally for delivery service (paid in cash, no record of income earned) = He does not have employment ties in the UK

3. How is he paid for the US consultant work? Payments to his UK bank account?

4. IMO, he must re-establish ties to the UK before he reapplies. Employment, finances/transactions in his UK bank account, a lease, downpayment for a property, etc.... as many ties as possible + prove he has compelling reasons to return to the UK after a short visit + finances to pay for the visit.

5. IMO again, it might help if you travel to the UK to meet him for a few weeks/a month before he reapplies. It would prove that he is not desperate to return to Canada

 

[Silver Sage]

5. IMO again, it might help if you travel to the UK to meet him for a few weeks/a month before he reapplies. It would prove that he is not desperate to return to Canada

Wish i knew this before. I visited him in the UK twice last year and one of those times i spent 16 days there. We have also travelled with each other to 3 countries in 2018.

Would showing we are together regularly not indicate our plans to be together and work against his TRV application?

 

[Bryanna]

Wish i knew this before. I visited him in the UK twice last year and one of those times i spent 16 days there. We have also travelled with each other to 3 countries in 2018.

Would showing we are together regularly not indicate our plans to be together and work against his TRV application?

He has already declared his relationship to you. IMO, by submitting evidence that you have met him in the UK + on trips to other countries.... would show that his TRV refusals have not affected your relationship (it is genuine) + you have the option of meeting outside Canada (should he be refused again, hopefully it won't be the case if he proves he has re-established ties to the UK)

 

[Silver Sage]

He has already declared his relationship to you. IMO, by submitting evidence that you have met him in the UK + on trips to other countries.... would show that his TRV refusals have not affected your relationship (it is genuine) + you have the option of meeting outside Canada (should he be refused again, hopefully it won't be the case if he proves he has re-established ties to the UK)

When my fiance went through the application process the very first time, there was nothing that indicated background check and he applied from Jamaica that time. Was really surpeised to see this on second application when he applied from the UK.

Are background checks shown as a standard on all applications but doesnt necessarily mean its being done?

 

[canuck78]

As you have already learned, he can be refused at any border even with a visa. If he does get to enter Canada should only leave if he has no need to return to Canada right away.

 

[Silver Sage]

@Bryanna I just got the GCMS notes back. It has some very interesting points. The point i found interesting is that there is a reference to me sponsoring for PR my ex-boyfriend in 2010 (due to common law status, filed family class). I was very shocked to see this information!

I did notice an error which brings concern. It confirms that he was approved for the extension to stay in Canada. It indicates "Applicant's application indicates to spend 4 months"; however, we applied Aug 2017 and application indicated Dec 2018 which he was granted the extention to Dec 31 2018 not 2017. With an error like this would make it look like he overstayed his visa as he exited Canada in Feb 2018.

how to rectify this error?
On a good note, it says that he qualifies for Can+ and was not required to submit detailed financial information.

 

[k.h.p.]

@Bryanna I just got the GCMS notes back. It has some very interesting points. The point i found interesting is that there is a reference to me sponsoring for PR my ex-boyfriend in 2010 (due to common law status, filed family class). I was very shocked to see this information!

I did notice an error which brings concern. It confirms that he was approved for the extension to stay in Canada. It indicates "Applicant's application indicates to spend 4 months"; however, we applied Aug 2017 and application indicated Dec 2018 which he was granted the extention to Dec 31 2018 not 2017. With an error like this would make it look like he overstayed his visa as he exited Canada in Feb 2018.

how to rectify this error?
On a good note, it says that he qualifies for Can+ and was not required to submit detailed financial information.

If you sponsored a boyfriend through common law family class in the past, you should not be surprised at all this shows up in the GCMS notes. You have a history of sponsoring foreigners and IRCC will of course use that as a reason to assume you will do the same with your current boyfriend. Of course IRCC will do a background check on you as you have been declared in your boyfriends application.

As to the extension date confusion - I assume you have documentary evidence of when his status was extended? And to when? And the day he was sent back? Given that extensions clearly state that they do not allow re admittance to Canada, you should not be surprised he was denied entry at the border.

Sadly, he has a weak profile, a history of trying to enter Canada without status, staying longer than normal even with an extension. You have a history of sponsorship of a boyfriend. Any reasonable visa officer would assume you are doing so again.

 

[Silver Sage]

If you sponsored a boyfriend through common law family class in the past, you should not be surprised at all this shows up in the GCMS notes. You have a history of sponsoring foreigners and IRCC will of course use that as a reason to assume you will do the same with your current boyfriend. Of course IRCC will do a background check on you as you have been declared in your boyfriends application.

-- My ex had his own status in Canada when we met. He has already been in Canada on his own permits/Visa a few years prior. So this seem funny to view that I am in the business of dating foreigners for the purpose of sponsorship! While they look at this history for obvious reasons, the real question is how to overcome this for fiance's future application?

As to the extension date confusion - I assume you have documentary evidence of when his status was extended? And to when? And the day he was sent back? Given that extensions clearly state that they do not allow re admittance to Canada, you should not be surprised he was denied entry at the border.

-- To be clear, the GCMS notes have an error about the extension application and when he left. They stated application had requested for 4 months which was incorrect. The question is, How do we make sure to point this out when we reapply?

Sadly, he has a weak profile, a history of trying to enter Canada without status, staying longer than normal even with an extension. You have a history of sponsorship of a boyfriend. Any reasonable visa officer would assume you are doing so again.

I certainly appreciate your comments; however, the whole purpose of getting the GCMS notes was to clarify the issues and how to address them. We totally get it that he need to have stronger economic ties and other ties to his country of residence. Everyone's situation is different and we are looking for solutions.

Here is our plans, we are never applying for PR here as CIC ask for him to give up any other residency in other countries. He must maintain his UK residency for the purpose of his kids. We are working towards retirement property in another country. A 10 year Visa works for our situation.