Fiance's TRV Rejected/Next Steps

[crossmaster86]

Current Situation:
I am about to get married on march 2nd and I recently applied for my fiance's visitor visa so she can visit me in toronto.
This application got REJECTED. The reason they gave is - "Risk of over staying" which I believe was because I had sent her sponshorship letter indicating that she would have stayed with me during her visit.

I already have an express entry PR application in process (Applied in December), and I expect to receive a PPR request within the next 2 weeks (since my colleague with a similar profile who had applied 2 weeks before me has received a PPR request already. I am currently possess a work permit that is valid till mid of next year.

Concern:
Since my fiance's visa was rejected, would it be advisable to apply for spousal TRV, after I get married in India (march 2)
OR Should I add her to my PR application (currently in process) once we get married, and then land in Canada together once it is approved.

Possible Issues:
1. If my PPR request comes too early, then will have enough time to add her into my application
2. Would there be any implication to her Spousal TRV / PR, since her recent applicaiton has been rejected

I would be grateful for any help/opinions provided

 

[thinkshady]

Current Situation:
I am about to get married on march 2nd and I recently applied for my fiance's visitor visa so she can visit me in toronto.
This application got REJECTED. The reason they gave is - "Risk of over staying" which I believe was because I had sent her sponshorship letter indicating that she would have stayed with me during her visit.

I already have an express entry PR application in process (Applied in December), and I expect to receive a PPR request within the next 2 weeks (since my colleague with a similar profile who had applied 2 weeks before me has received a PPR request already. I am currently possess a work permit that is valid till mid of next year.

Concern:
Since my fiance's visa was rejected, would it be advisable to apply for spousal TRV, after I get married in India (march 2)
OR Should I add her to my PR application (currently in process) once we get married, and then land in Canada together once it is approved.

Possible Issues:
1. If my PPR request comes too early, then will have enough time to add her into my application
2. Would there be any implication to her Spousal TRV / PR, since her recent applicaiton has been rejected

I would be grateful for any help/opinions provided

If there is an option to get your marriage registered early then you can get her added to your PR application, submit all the relevant documents for her, this will delay PPR until BG is done for her which is not a big deal. Its better to land together than wait for later, Spousal program takes more than a year.

 

[crossmaster86]

Thanks for your reply. Let me clarify, I dont have the option of applying early as my marriage certificate would be processed on the day of the actual wedding. Currently I am in Canada and cannot make it to India, before march 2nd (wedding date).

There are 2 possible scenarios:
Scenario 1. If I receive the PPR before my wedding date, and I add my spouse to the PR application.
Scenario 2. I don't receive a PPR before my marriage date, and I add my spouse to the PR application. (Here I assume the PPR would be delayed because of the extra time taken for spouse's BG check)

Concern 1: Does her recent TRV Rejection have any implication on my PR application & the spousal TRV (Dependant Visa) that I plan to apply after my marriage.
Concern 2: If I add her to the PR application (via Scenario 1 or Scenario 2), should I wait for her to become a PR and NOT apply for spousal TRV, considering the recent rejection.

Note:Ideally I would want her to come with me to Canada after the wedding.

Thanks

 

[Pippin]

The TRV rejection will have no bearing on the PR for this rejection reason. It just means her ties to you in Canada are stronger than they are to her home country. You cannot add her as a spouse before your marriage. I am not an expert but I wonder if a CSE should be sent as soon as you receive the PPR asking to postpone the date until you have your wife's documents ready. Perhaps she could get her medical done upfront and you can have all her papers filled out and PCC done so the package is ready to mail as soon as you have the marriage registered.

 

[canuck_in_uk]

Concern 1: Does her recent TRV Rejection have any implication on my PR application & the spousal TRV (Dependant Visa) that I plan to apply after my marriage.
Concern 2: If I add her to the PR application (via Scenario 1 or Scenario 2), should I wait for her to become a PR and NOT apply for spousal TRV, considering the recent rejection.

Note that there is no such thing as a "spousal TRV". It is a regular TRV, same as she applied for before. With a previous rejection and a spouse in Canada with a PR app in process, her chances of approval are low. You can still apply but should really plan for her to not be able to come to Canada until the PR app is approved.

 

[crossmaster86]

The TRV rejection will have no bearing on the PR for this rejection reason. It just means her ties to you in Canada are stronger than they are to her home country. You cannot add her as a spouse before your marriage. I am not an expert but I wonder if a CSE should be sent as soon as you receive the PPR asking to postpone the date until you have your wife's documents ready. Perhaps she could get her medical done upfront and you can have all her papers filled out and PCC done so the package is ready to mail as soon as you have the marriage registered.

Thank you so much for your prompt response. I am planing to extend my PPR deadline so that I can update my marital status. Another question. Would I need her Birth certificate. She currently doesn't possess one. I was wondering if its required since I was not asked to produce one when I initially applied.

 

[Pippin]

Thank you so much for your prompt response. I am planing to extend my PPR deadline so that I can update my marital status. Another question. Would I need her Birth certificate. She currently doesn't possess one. I was wondering if its required since I was not asked to produce one when I initially applied.

I don't know the specific requirements for your country but were you required to produce a BC later in the process? I would expect your new willl have to provide all required docs at once. Check for your country specific guidelines.

 

[g126]

Once you receive PPR it means a decision has been made on your application, I don't think it's possible to add anyone after that except for newborn infants.

If your PPR does not come before you get married then you'll have the option to add you wife to your application, but in doing so you'll substantially delay your application I think as they will have to redo several parts of YOUR application (like eligibility check) to make sure it's OK. in fact, have you sat down to work out if adding by adding your wife you can still score enough on the CRS to make you original ITA? Make sure you do that before you begin to think about adding her!

If you're really that close to getting your PR I'd urge you to consider sponsoring her via Family Class (FC).. This will take about 1 year, but you'll be able to get her a Visitor Visa quite quickly (if done through the proper channels) and I believe within 6 months a WP so that she can start working while she is waiting for PR via FC... It's the most expensive route but it's probably the safest route.

 

[canuck_in_uk]

Once you receive PPR it means a decision has been made on your application, I don't think it's possible to add anyone after that except for newborn infants.

If your PPR does not come before you get married then you'll have the option to add you wife to your application, but in doing so you'll substantially delay your application I think as they will have to redo several parts of YOUR application (like eligibility check) to make sure it's OK. in fact, have you sat down to work out if adding by adding your wife you can still score enough on the CRS to make you original ITA? Make sure you do that before you begin to think about adding her!

If you're really that close to getting your PR I'd urge you to consider sponsoring her via Family Class (FC).. This will take about 1 year, but you'll be able to get her a Visitor Visa quite quickly (if done through the proper channels) and I believe within 6 months a WP so that she can start working while she is waiting for PR via FC... It's the most expensive route but it's probably the safest route.

Incorrect. Family members may be added up until the person actually lands as a PR.

The delay is usually only 3-4 months, far less time than it takes to sponsor. The CRS is not recalculated.

With a PR spouse in Canada and a previous rejection, there is very little chance that OP's spouse would be approved for a TRV. They would most likely be apart the entire time. The cost of sponsorship is not more expensive.

 

[crossmaster86]

Incorrect. Family members may be added up until the person actually lands as a PR.

The delay is usually only 3-4 months, far less time than it takes to sponsor. The CRS is not recalculated.

With a PR spouse in Canada and a previous rejection, there is very little chance that OP's spouse would be approved for a TRV. They would most likely be apart the entire time. The cost of sponsorship is not more expensive.

Thanks for your response. I do have a follow up question. Once I receive the updated PPR can my spouse get her passport stamped at the home country (India) and i get my Passport stamped in Canada separately. Or is it required to be submitted together?

 

[canuck_in_uk]

Thanks for your response. I do have a follow up question. Once I receive the updated PPR can my spouse get her passport stamped at the home country (India) and i get my Passport stamped in Canada separately. Or is it required to be submitted together?

They will be stamped separately.

 

[bhavcaluk]

Current Situation:
I am about to get married on march 2nd and I recently applied for my fiance's visitor visa so she can visit me in toronto.
This application got REJECTED. The reason they gave is - "Risk of over staying" which I believe was because I had sent her sponshorship letter indicating that she would have stayed with me during her visit.

I already have an express entry PR application in process (Applied in December), and I expect to receive a PPR request within the next 2 weeks (since my colleague with a similar profile who had applied 2 weeks before me has received a PPR request already. I am currently possess a work permit that is valid till mid of next year.

Concern:
Since my fiance's visa was rejected, would it be advisable to apply for spousal TRV, after I get married in India (march 2)
OR Should I add her to my PR application (currently in process) once we get married, and then land in Canada together once it is approved.

Possible Issues:
1. If my PPR request comes too early, then will have enough time to add her into my application
2. Would there be any implication to her Spousal TRV / PR, since her recent applicaiton has been rejected

I would be grateful for any help/opinions provided

Google - Change in family composition - express entry Canada,
If you are getting married you can add spouse during the process of application and before acquiring PR status. You shall need PCC , marriage certificate and medical for wife.CRS will not be recalculated while adding wife after eapr.
This is as per IRCC site

 

[g126]

Incorrect. Family members may be added up until the person actually lands as a PR.

The delay is usually only 3-4 months, far less time than it takes to sponsor. The CRS is not recalculated.

With a PR spouse in Canada and a previous rejection, there is very little chance that OP's spouse would be approved for a TRV. They would most likely be apart the entire time. The cost of sponsorship is not more expensive.

Ah yes... my mistake, after reading the A11.2 page again I found this:

To assess an application under section A11.2, a processing office must consider the information in an applicant’s profile at the time of the round of invitations and the information provided when the applicant submits their e-APR. After an e-APR is submitted, an application cannot be refused due to a change in circumstance unless

the officer determines that the change occurred before the applicant submitted their e-APR and that the change would have caused the applicant to be refused under section A11.2: therefore, the application should be refused under section A11.2; or
the change in circumstance means the applicant no longer meets the minimum requirements of the program to which they are applying; therefore, the application may still meet the requirements of section A11.2 but can be refused for failing to meet program requirements.
For example, if an applicant marries before they submit their e-APR but informs CIC of the marriage only after they submit their e-APR, the marriage can be taken into account as part of the section A11.2 assessment.

If, however, an applicant marries after they submit their e-APR, then informs CIC of the marriage, the marriage cannot be taken into account as part of the section A11.2 assessment. However, the change in circumstance may affect whether the applicant still meets the program requirements. See below for details.

So A11.2 is only recalculated if the marriage occurs before eAPR.

@crossmaster86:

Still though, pay attention to the last part... you must have declared and shown sufficient POF for two people otherwise you'll fail to meet the minimum requirements. I suppose you can send an updated POF to show that you have the LICO for two if you didn't show that initially.

Based on this I agree that the best course of action if to include you wife now! Good luck and wish you all the best!

 

[crossmaster86]

Ah yes... my mistake, after reading the A11.2 page again I found this:

So A11.2 is only recalculated if the marriage occurs before eAPR.

@crossmaster86:

Still though, pay attention to the last part... you must have declared and shown sufficient POF for two people otherwise you'll fail to meet the minimum requirements. I suppose you can send an updated POF to show that you have the LICO for two if you didn't show that initially.

Based on this I agree that the best course of action if to include you wife now! Good luck and wish you all the best!

Thanks for the response. I do have the necessary proof of funds to cover 2 individuals and had indicated that at the time of the application. In addition to that, I have a job in Canada. So I guess funds should not be an issue.

I cannot add my fiance now as we are still not "Legally" married. Will update IRCC as soon as we are married on March 2nd. I am getting her documents ready as per some of the suggestions above so that we can submit the documents as soon CIC asks for them. Is this the best way forward?

Follow up question: Is it possible that my wife and I land separately or are we supposed land together after our passports are stamped?

 

[g126]

Thanks for the response. I do have the necessary proof of funds to cover 2 individuals and had indicated that at the time of the application. In addition to that, I have a job in Canada. So I guess funds should not be an issue.

I cannot add my fiance now as we are still not "Legally" married. Will update IRCC as soon as we are married on March 2nd. I am getting her documents ready as per some of the suggestions above so that we can submit the documents as soon CIC asks for them. Is this the best way forward?

Follow up question: Is it possible that my wife and I land separately or are we supposed land together after our passports are stamped?

You may land separately, but the PA (you) must land first!