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I really have NO idea what exactly they want...

HarkiranKaur

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We gave everything... my husband already has PR in process, but since I am 40 (41 in Sept) and being in the Canadian Navy I can't take any more time off than enough to go once a year to India. Its not like a civilian job where I can just pack up on a leave of absence and go to India and stay until her gets his PR. We wanted him to come here prior to PR being granted because of my age. I am 40 and that doesn't give much chance for trying to conceive. I go back to India in July for a month but we will only that one cycle to try. Thats not good odds... like less than 5% chance. I was hoping he could come here prior so we could at least try several cycles in a row. We didnt use that as the purpose though. I am expecting surgery soon on my wrist after which I will be in a cast and need help around the apartment and I live alone. We wanted him to come here to help me. As the surgery date is on cancellation list it can happen any time, so we can't wait until PR (but I guess we have no choice).

I provided:
Invitation letter explaining my upcoming surgery
Official medical documents from my military medical file explaining surgery is imminent (these were Protected B so I took a risk sending them)
Proof of my Pay in military (I make roughly 80K CDN per year)
Proof of residence (Telus bills etc)
Lette from my Mother detailing why she has not met her son in law yet (she can not travel due to her health) and proof of her medical condition and secondary reason to come was so he could finally meet his Mother in Law.

He Provided:
Pay Slips from work (including Government Position with NHPC Hydro Project)
He is CEO of a prominent NGO in Kashmir (not just volunteer with this NGO but he is the CEO!!!)
He provided letter from national level from Youth Hostel Assoc India (Kashmir) as he is Director Youth Adventure / Sports the letter details that he is required there in July - Aug for several events.
He provided Letter from NHPC as well in original (National Level)
He provided bank statement showing over 10,000 CDN
He provided assets proof including home in Srinagar
He even included proof of his character like international awards etc
And he included proof of international travel before (Thailand and Pakistan - Pakistan was for a humanitarian/peace thing where he did a presentation on behalf of India)

We detailed in both my invitation letter and his cover letter that my military job and his PR we would never want to jeopardize either (any wrongdoing could affect my security clearance and we would not want to jeopardize the PR already in process). I explained I have served my country for 19 years and being in military I only have certain amount of leave available per year and can only go to India once. I can't just take more, even unpaid. I explained that and hoped since the military attache works in the same building in New Delhi, they would understand. I even stated in the invitation letter that I understand most India applications for TRV are rejected, however please consider the human aspect of this. We are being completely honest about our future intentions for him to come to Canada eventually on PR (actually we plan to go back and forth to spend time with both families) but that in the mean time, I really need my husband as not only the upcoming surgery will make things difficult for me living alone, but the stress caused by the fact that there may be career implications if the problem can not be fixed. I really need my husband with me.

None of that mattered. Our TRV application was like 250 pages long. It was rejected. I don't understand these people.

But the biggest devestation is that unknowingly CIC have likely doomed us to never having a child. I go back there in July for the whole month and thats one and only one chance to conceive. I turn 41 in September and then it just goes downhill from there as to chances. And God only knows how long PR will take. We sent application file in January, they accepted my sponsor part end of Feb. His application has shown 'in process' now since March 25th. The only things listed there so far under his application for PR say: Received on Date Jan 15th, Medical Results have been received, and Initiated Processing 25 March. Nothing has been updated since then.

I am devestated, we really want a child, but its impossible to conceive when I am in Canada and he is there and I only have 1 month to use fr leave and that is using ALL of my leave for the entire year. Meaning I have no time off at all rest of the year. SInce he can't come here at all until we get PR which according to the CIC site is 17 months, that means next Summer sometime. I will be close to 42 then. So we have one cycle to try until I am nearly 42 years old. I don't think a child is in our future at all. At least without egg donation... and I wont carry someone else's child (egg donation would be his and some other woman's but not mine). It really makes me mad because I have likely about a year to a year and a half left to conceive with my own eggs. But I cant do anything about it. Its so frustrating. And these CIC people have no idea how they have affected us for the rest of our lives because they want to be suspicious of all Indians.

Their reasons on the rejection letter were:

- Family ties in Canada and resident country
- Not convinced he has enough funds available... (how much do they want? He has over 10K CDN in his account... I can live in Canada for 6 months on that! Why do they want so much)
- Lack of Assets (He showed the house, and car. Even the house he paid someone to do a full assessment!!! Its in the MIDDLE of Srinagar Kashmir! Expensive area!)

This leads me to believe they will only allow millionaires. Or influential people.

My next step is somehow contact the military attache who works in the same building as CIC in Delhi. And see if somehow they can expedite the PR process. Short of that I will see if its possible to freeze some of my eggs for later IVF.

But I cant even express how devastated I am right now.
 

tajinder107

Star Member
Jan 14, 2016
118
3
hi,
please do not be disappointed .Fight with system. order gcms notes and check why it is rejected and apply again. he can always try usa visa
 

HarkiranKaur

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Apr 22, 2015
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tajinder107 said:
hi,
please do not be disappointed .Fight with system. order gcms notes and check why it is rejected and apply again. he can always try usa visa
By the time we'd get through the whole notes and then try to appeal etc. He may have his PR by then anyway. There is nothing more we can add that we didn't already have. He had more than enough funds in his bank account, more than enough proof he would have to be back to India in Summer to tie up loose ends with NGOs and his work. Like National level letters. Youth Hostel Association and NHPC are both BIG. Plus he also is CEO of another NGO called SAVE. There is nothing else we can provide. I gave my proof of medical to prove surgery is imminent. I explained I will be in a cast and will need help and live alone. They obviously don't care. But the chance to have a child that may now be lost is what is hurting more than anything. By the time he gets PR it may be too late as I likely only have about one year left to conceive with my own eggs.
 

Bs65

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Mar 22, 2016
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No where here do you say how long you have been married to your husband or whether you actually included any indication of having lived with your husband which assume based on your post has been difficult. Although you say 10k cdn should be enough ths is still below the figure if was a skilled migrant application http://www.cic.gc.ca/english/immigrate/skilled/funds.asp
 

HarkiranKaur

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Apr 22, 2015
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Bs65 said:
No where here do you say how long you have been married to your husband or whether you actually included any indication of having lived with your husband which assume based on your post has been difficult. Although you say 10k cdn should be enough ths is still below the figure if was a skilled migrant application http://www.cic.gc.ca/english/immigrate/skilled/funds.asp
Bs65 said:
No where here do you say how long you have been married to your husband or whether you actually included any indication of having lived with your husband which assume based on your post has been difficult. Although you say 10k cdn should be enough ths is still below the figure if was a skilled migrant application http://www.cic.gc.ca/english/immigrate/skilled/funds.asp
Keep in mind this was a TRV application! With a planned trip of only one month! 10,000 is WAY more than ANYONE needs to survive for 1 month in Canada!

We have been together for 3 years now, and married since September 2015. I have been to India numerous times for about a month each time. (well once a year for a month each time) but we talk every day on skype etc. I am not worried about the PR as I have already been approved as sponsor and he has no police issues or health issues etc. His past is 100% squeaky clean and we sent like 20 pages of awards etc as proof of his credibility. That 10K by the way was just what was in his account. His assets were the house and car as well. In middle of the city in Srinagar the house is worth a lot. He just had it assessed for the TRV in fact to include with the application. So we lived together for 1 month per year for the last 3 years to answer your question. And TRV is not immigration. It's a visitor visa... VFS told him 10K was sufficient and they even told him when they uploaded his paperwork that his application was more than complete and that we had way more than we needed to prove he will be returning and not overstay. And they even commented my medical issues were a valid reason that CIC would take seriously.

Guess not... they don't care if I am struggling here alone after the surgery without my husband.

The only reason I can see is that his PR is in process and I read 99% of PR in process are refused TRV because they see the spouse as a tie and they suspect EVERYONE will overstay. On the contrary I got a 5 year entry visa multiple entry for India in no time. Like 2 weeks total and only about 6 pages of paperwork. And I have MUCH less funds available for traveling. Like maybe only about 1500.00 CDN right now as disposable funds for travelling. It seems so unfair. If I wasn't SERVING MY DAMN COUNTRY (yes thats right I GAVE 19 YEARS TO THIS COUNTRY WHO JUST CONDEMNED ME TO NEVER HAVING A CHILD) If it wasn't for my career in the military I'd just move out of the apt, store my stuff at my Mom's and move to India until he got his PR. Thats not an option though. Even if I threw in my release today it would be 6 months or more to get released.
 

torontosm

Champion Member
Apr 3, 2013
1,676
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HarkiranKaur said:
We gave everything... my husband already has PR in process, but since I am 40 (41 in Sept) and being in the Canadian Navy I can't take any more time off than enough to go once a year to India. Its not like a civilian job where I can just pack up on a leave of absence and go to India and stay until her gets his PR. We wanted him to come here prior to PR being granted because of my age. I am 40 and that doesn't give much chance for trying to conceive. I go back to India in July for a month but we will only that one cycle to try. Thats not good odds... like less than 5% chance. I was hoping he could come here prior so we could at least try several cycles in a row. We didnt use that as the purpose though. I am expecting surgery soon on my wrist after which I will be in a cast and need help around the apartment and I live alone. We wanted him to come here to help me. As the surgery date is on cancellation list it can happen any time, so we can't wait until PR (but I guess we have no choice).
Firstly, thank you so much for your service to our country. It's a real shame to see you in this situation after dedicating 19 years to protecting Canada.

As you mentioned in your most recent message, the real reason the visa was denied was likely because the PR process is underway, and the CIC official reviewing the application likely felt that your husband would overstay. It seems like you are a victim of circumstance resulting from other people who have gotten TRV's in the past and ended up just staying with their spouse in Canada.

I would advise you to apply again. Based on what you included in your last application, it doesn't sound like there is any additional information that you could possibly provide. However, with a strong cover letter, I hope that you get a more practical and sensible visa officer who does grant your husband his visa.
 

HarkiranKaur

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torontosm said:
Firstly, thank you so much for your service to our country. It's a real shame to see you in this situation after dedicating 19 years to protecting Canada.

As you mentioned in your most recent message, the real reason the visa was denied was likely because the PR process is underway, and the CIC official reviewing the application likely felt that your husband would overstay. It seems like you are a victim of circumstance resulting from other people who have gotten TRV's in the past and ended up just staying with their spouse in Canada.

I would advise you to apply again. Based on what you included in your last application, it doesn't sound like there is any additional information that you could possibly provide. However, with a strong cover letter, I hope that you get a more practical and sensible visa officer who does grant your husband his visa.
I don't think that will work. My invitation letter (which echoes his cover letter) was SERIOUSLY done the best possible I could to convey our genuine intent that he would not overstay. An overstay (meaning I would be harbouring a fugitive) would hurt my career and security clearance, and hurt his PR. So why would we risk it? Anyway judge for yourself this is my exact invitation letter which got us rejected:



PROTECTED A

February 25, 2016

VISA SERVICES,

CITIZENSHIP AND IMMIGRATION CANADA

INVITATION LETTER FOR MR. xxxxxxxxxxx

Ref: Immigration and Refugee Protection Act, S.C. 2001, c. 27

1. I am a Canadian born citizen of Canada, and a currently serving member of the Canadian Armed Forces, RCN, with 19 years of service to my country. I am writing this sponsor letter as a formal invitation for Mr. xxxxxxxx of xxxxxxxx, Srinagar, Kashmir, 19009, India, phone: xxxxxxxx, born: xxxxxx, to come and visit me in Canada between the dates of 15/05/2016 and 15/06/2016.

2. Mr. xxxxxxx and I have an established and known relationship spanning several years and we married on September 06, 2015 in India. Marriage documents and other proofs he’ll provide with his application. I have visited India several times, and my Indian Tourist Visas are included in the TRV application as proof of validity of our relationship. Please note my previous Indian Visas were prior to a recent legal name change I underwent for religious reasons. I will also attach a copy of name change certificate so you can easily match the names to my previous visas.

3. I would like to have my husband here to meet my Mother who was unable to travel to India for our marriage due to significant health issues. It was our intent for him to meet my Mother prior to marriage in order to receive her blessing, but the circumstances dictated otherwise and he was unable to come to Canada prior to our wedding. The only way my Mother and Husband can meet is for him to come here. I have included letter from my mother detailing her medical condition and inability to travel along with proof of her identification (NS Driver License).

4. I am also undergoing a significant amount of stress as a result of a medical issue for which I am awaiting surgery. The condition also affects my career as an Administrative review has been initiated due to the long wait for surgery, and the fact that injury has affected my ability to maintain the Universality Of Service Principle in the Canadian Armed Forces. This may have serious repercussions on my carrier. To say that the stress caused by this situation is significant would be an underestimate. The daily pain I must endure from the injury itself while awaiting a surgery date and the resulting Administrative action to me is a lot for someone to have to deal with alone and having my husband here to support me even for a brief visit would do much to help me. As I am on a surgery cancellation list it could happen any time, after which I will be in a cast and will have difficulty in daily tasks as I live alone. I am including proof of Canadian Armed Forces Administrative Review for my medical condition described by D MED POL as “severely ill / injured” and proof of my impending surgery from QEII Health Sciences Centre in Halifax, Nova Scotia.

PROTECTED A 1/3

PROTECTED A

5. We have applied for Permanent Residence of my husband however in the interim we would like for him to come here to visit. As mentioned before I serve in the Canadian Armed Forces and as such have only certain amount of leave (time off) to use. I can only make one trip viable to India per year and that too only for a few weeks. I can’t express difficulty in having to stay away from your spouse for such long periods and the strain it can put on the marriage. Being able to see him even for a brief time in the interim would go a long way in reducing all the above hardships.

6. During his stay xxxxx will be staying no cost at my own residence located xxxxx xxxxxxxx Rd, Dartmouth, Nova Scotia B3A 4P2, Canada.

7. I understand that many applications from Indian Nationals are rejected for a Visiting Visa to Canada, however I humbly request that you grant Mr. xxxxxxxx this visit as he is not at all a risk for violation or overstay as you will see for the following reasons:

a. He is employed with National level projects through S A V E, an NGO, where he is currently CEO;

b. He volunteers with numerous high profile Non-Governmental Organizations involved with many important project-assignments which require his presence in order to tie up loose ends prior to his PR;

c. He is also involved with National Hydroelectric Power Corporation (NHPC) in J&K state, India as a member of the Multi-Disciplinary Environmental Monitoring Committee, a very important (Government Appointed) position which requires requires his return;

He is very highly dedicated to these above organizations, and due to their reliance on him, he would not even consider leaving them with unfinished projects. He will provide letters from National level to support the need for his return;

d. He currently lives in a joint family situation with his Mother who is currently dependent upon him;

d. He possesses numerous assets in India (house and car);

e. His travel history includes visits to other international locations.

8. In summary, I am asking that you please consider the human aspect of this. We only wish to pursue this in the appropriate manner and while being completely honest about our relationship and future intentions to CIC. I realize that you will see me as a tie in Canada, however please consider this case. I am serving my country and have only limited off to travel, my Mother still has yet to meet her son in law. I am undergoing significant amount of stress and pain due to an injury for which I am waiting for surgery and that may have serious career implications, I really need the support of my Husband at this time. Given that we are acutely aware that that any temporary Visa infractions with my spouse can also hurt both my career and his PR application, I can guarantee you that I will ensure my husband makes to airport and returns to India and will not overstay the visitor visa.


PROTECTED A 2/3


PROTECTED A

9. For your consideration Sir,






XXXXX XXXXXXX

XXX-XXX XXXXXXX Rd.

Dartmouth, Nova Scotia,XXX XXX

Phone: XXX-XXX-XXXX

Born: XXXXXXXX

Sonar Operator / Submariner, RCN

PROTECTED A 3/3


Guess we see what being honest gets you!
 

HarkiranKaur

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This is what they checked on the Big Ole FU letter:



Just as an FYI, I sent an entire year of my military pay statements and I make 80K per year. What else do they require?? :( My left arm and first born? Unfortunately i may now never have a first born because if it takes 17 months for his PR my eggs may have dried up by then.
 
M

mikeymyke

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I would order GCMS notes to figure out the exact reasons for refusal. It does seem a bit ridiculous they would refuse due to host's income and assets since you're doing pretty well for yourself.
 

HarkiranKaur

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I have requested notes not that it will help and it will be 31 days or more it says when I clicked send.

Even IF his income was low, the fact that we are married means my income is also HIS income. Meaning my close to 80K would be supporting him while here. I could just as easy transfer some to his account. It wouldn't matter. As husband and wife we both own everything together right? As it were his income is about 36-40K Cdn per year. Added to my 80 thats almost 120k between the two of us. And it seems THAT is the main issue besides his tie to me. But his tie to me was obvious... the purpose of visit very clearly stated that we were married and the reason for TRV application was because of my upcoming surgery and medical issue. They did not check the box for purpose of visit. So I assume they GOT our reason and it was valid. So if they understood the purpose was that as my husband he should be here to care for me post surgery... then why would they even mention tie to me? Thats a given! We didnt hide that fact!

The only other issue they checked (the other 4 boxes) deal with funds and assets. It doesn't make any sense at all! I think they tried t use dual intent (PR in process) as the reason but just checked a bunch of things as excuse.
 

rgupta

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Dec 28, 2014
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Its really bad to hear your story. Well I would recommend you to apply for visitor visa again with very minimal documents and not 250 pages of TRV application.

Pleas only provide forms, passport, invitation letter ,travel history, travel document and financial documents. More the documents its not better always as the office will call for an interview if they need more clarification.

My wife is on TRV in canada and her PR is in process in India.

Apply again ASAP
 

pie_vancouver

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Maybe the officer got confused because of TRV app - 250 pages long.
Just kidding, apply again like what rgupta said ^^
 

Bryanna

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Sep 8, 2014
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Hi Harkiran,

the purpose of visit very clearly stated that we were married and the reason for TRV application was because of my upcoming surgery and medical issue.
It seems like this is the very reason his TRV was refused.

1. Recently married and wanting to visit Canada = Potential overstayer = Family ties refusal reason

2. Your surgery + need your husband to help you with daily tasks = Working illegally on a TRV, even if it is unpaid.... we've seen many parents being refused for similar reasons of wanting to take care of their daughters during pregnancy/newborn grandchildren


Perhaps, you should've limited the purpose of his visit to just meeting your mom, relatives and friends + sightseeing/spending some time with you, etc.... and not included your surgery as the reason.


He provided bank statement showing over 10,000 CDN
Was any of the money deposited last minute.... or transferred from one of his other bank accounts without any explanation about the source of the money?


Like the other posters have suggested, do order GCMS Notes before you reapply


All the best
 

HarkiranKaur

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Bryanna said:
Hi Harkiran,
It seems like this is the very reason his TRV was refused.

1. Recently married and wanting to visit Canada = Potential overstayer = Family ties refusal reason

2. Your surgery + need your husband to help you with daily tasks = Working illegally on a TRV, even if it is unpaid.... we've seen many parents being refused for similar reasons of wanting to take care of their daughters during pregnancy/newborn grandchildren


Perhaps, you should've limited the purpose of his visit to just meeting your mom, relatives and friends + sightseeing/spending some time with you, etc.... and not included your surgery as the reason.

Was any of the money deposited last minute.... or transferred from one of his other bank accounts without any explanation about the source of the money?


Like the other posters have suggested, do order GCMS Notes before you reapply


All the best
Umm a husband caring for his wife and supporting her emotionally through surgery and recovery is NOT employment! I would not pay someone to be shoulder to cry on for example when I am in pain. I cant pay someone to be my spouse and hold me at night to tell me everything will be ok. This is different from hiring a babysitter. Looking after kids is not due to compassionate reasons. The similar scenario would be if a parent was severely ill and a child needed to be with them. It's compassionate reason, not illegal employment for a spouse to be with their injured and ill other half. When I was away on duty before, the military sent me home when a family member was ill. Not so I could 'work' for them. But because they are my family member and it was compassionate reason to be with them. I have read that medical issues are considered for TRV. In any case, the purpose of visit box was not checked. If they had thought medical reasons were not valid reason for him to come on compassionate grounds, then they surely would have also checked that one?

The potential overstay we SHOULD have negated with numerous letters from NGOs etc. stating that he HAD to return to tie up loose ends prior to his PR and the fact that if he overstayed, I would be harbouring a fugitive. It would actually cause me to lose my security clearance and be booted from the CAF. Also it would harm his PR application so why would we even risk it?

VFS actually told him the medical reason was FAR more likely to be approved than just tourism. Tourism would in all likelyhood not give them reason to let him come here prior to PR. Again, compassionate reasons. I am thinking to try and contact the military attache in New Delhi they work in SAME building. The military attache can verify to CIC that my medical issue is genuine (not to mention the documents I sent proving it). Sometimes they have some pull.

We dont have time to get the notes before reapplying. He needs to be here by last week in May to catch that fertility cycle. Means we have to reapply ASAP. So I will send my t4 from work and the RRSP T4 as well to show my assets and income. They cant refute those. FOr him, he's going to dump some extra in his account to show the new officer this time, that he made the effort to save some more funds to rectify the issues the first officer indicated. So he will show his effort to rectify the issues and hopefully the new officer will see that and take into consideration.

As it is now, if we only have July to try to conceive I am thinking we might need to go straight to IVF while I am there in July to give best chance for conception. Because after that it will be when he gets his PR which will be when I am going on 42 if the 17 month estimate is correct. I can't go back to India in mean time because I used all of my time to go on this july trip. I wont have any more till April 2017.
 

scylla

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HarkiranKaur said:
Because after that it will be when he gets his PR which will be when I am going on 42 if the 17 month estimate is correct.
Take a look at the replies you received in the Family Sponsorship section of the forum. It won't be 17 months.