Is it likely that my wife will be denied a visitors visa while we wait for PR?

[kitagawa08]

I know it's up to the individual officer, but I just want to know the odds of having my wife denied a visitor's visa into Canada since it may look like she's going to try to live here forever with me. My wife is Japanese, and due to medical concerns, we've decided not to live together in Japan while waiting for her outland application to be processed. But we want to live together, so she will try to come to Toronto with me.

I've read a lot of different opinions on this same situation here. Some saying that she will almost certainly be denied entry, and others saying it's almost guaranteed that she will be allowed in. What are your thoughts? Any help would be greatly appreciated.

Also, another question... Is it possible at all to get an extension on her visitors visa (assuming she gets in in the first place)? I read that the visitor visa is only 6 months, and our PR application is bound to take longer than that.

Thanks everyone!!

 

[Aquakitty]

You realise Japan is visa-exempt, right?

Just don't bring the kitchen sink, bring proof of her PR application, and have a return ticket and she'll be fine.

She can extend her visitor status, but no visa is needed. They are two different things.

 

[kitagawa08]

Hey, thanks for the response. I really appreciate it.

If she doesn't have her PR application with her, will it be more difficult?

There's a pretty good chance we may not have her application completed before she comes to Canada. We were thinking of applying outland after she gets here because there are still important documents we are waiting on...

 

[canuck_in_uk]

Hey, thanks for the response. I really appreciate it.

If she doesn't have her PR application with her, will it be more difficult?

There's a pretty good chance we may not have her application completed before she comes to Canada. We were thinking of applying outland after she gets here because there are still important documents we are waiting on...

Pay the $1040 PR fees now and have her carry the receipt. She should have no issues.

 

[canadianwoman]

With the receipt and a return ticket (and any other proof of ties to Japan that she can get) she should be fine. Most people in this situation are let in with no problem. She must be clear that she is just visiting Canada while she waits for the application to be processed, and that she will leave if the PR application is denied. That is, don't say she is moving here now. She will probably be let in with 6 months; one month before this expires, she can apply to extend her stay.

Outland is generally recommended for Japanese people, not inland. she can stay here as a visitor during outland processing as well.

 

[arif215]

Can anyone still answer this question for spouses from non visa-exempt countries? I will be applying for my wife as well, but would like to bring her here earlier for a visit during the summer. She is currently in Bangladesh.

 

[canuck_in_uk]

Can anyone still answer this question for spouses from non visa-exempt countries? I will be applying for my wife as well, but would like to bring her here earlier for a visit during the summer. She is currently in Bangladesh.

The situation is very different for non visa-exempt people. When applying for a TRV, a person must prove stronger ties to their home country than to Canada. With a PR app in process and a spouse in Canada, it will be extremely difficult to show stronger ties to Bangladesh, meaning that there isn't much chance of her being approved for a TRV

 

[canadianwoman]

Having a PR application in process makes it more difficult for a person to get a visitor visa. Your wife needs to show proof of ties to her home country: a return ticket, proof of a job, time off from work, proof of bank accounts and investments, a mortgage or home ownership, enrollment in school, anything that will help show she is just going to visit Canada and will leave.

Usually people in your wife's situation are refused a visitor visa, but a few forum members have managed to get one.

 

[Kayaker]

Hi kitagawa08,

I had already applied for PR when I flew to Toronto alone (husband was already in Canada). I brought along my PR application fee receipt, but never actually showed it. When I came up to passport control I just said "visiting my husband" as the reason for my visit. I think I was asked where he lives and what's his work or something like that. I was asked when I plan on leaving, and I gave a date 5 months later, but was not asked to show my return ticket. (I did have a fully refundable (business class) return ticket with me, which I refunded the next day.)

That was about it. I'd say be prepared for the worst and hope for the best. The best policy seems (from my experience and from others here) to be upfront and honest, but do not be vague (vaguely saying "visiting some friends" once got me a lot more scrutiny and questions such as what friends, where did I meet them, etc.) and do not offer up more than asked. Have documents ready to show, but don't give them your passport with a big pile of papers. And I think the basic thing to remember is that as a visa exempt visitor, she is not likely to be denied entry, even if they take her to secondary questioning, which may happen, though unlikely. In that case, bear in mind that what they want to know is that she knows the rules and laws and will abide by them - that she cannot work or study, and that she needs to apply for an extension if she wants to stay longer than the time they give her. She can explain to them that she is getting ready to apply for PR so that she can legally live in Canada and that she does not want to jeopardize her future application by doing anything wrong now.

Even if they give her a visitor's record that says she must leave in a month or so, she can always apply for an extension of her visitor's status and that is pretty sure to be approved as long as you don't miss any documents or something. I asked for an extension of 1 year and got it. I have heard of some people getting 2. Ask for more than you might need.

Good luck!

 

[Mightytonewheel]

This is all very good advice, kitagawa08.

I would add one thing. Under the law, it's perfectly legitimate to enter Canada with "dual intent" -- meaning, she intends to visit, and also intends to become a permanent resident. The trick is that she's actually entering as a visitor, so the officer must be satisfied that, as a visitor, she will abide by the rules and not work, not study, and leave the country when she's supposed to. So she really has to appear like a visitor, with a return ticket, a place to live back home, economic ties to home, etc. etc.

If the officer suspects that her visitor status isn't genuine, she'll be on the next flight back to Japan.

I got married in November and my wife came to Canada to visit in February. We were fully prepared for her entry. She had her application, a return ticket, proof of ties back home, etc. etc. When she approached the window, the officer asked her: What's the purpose of your trip? She answered, I'm visiting my husband, I've applied to become a permanent resident and the application is in progress. He answered, okay, have a nice trip. That was it.

 

[kitagawa08]

Thank you all so much for taking the time to answer. It's a huge relief to hear this.

Is there any chance any of you are knowledgeable specifically about the Japanese application? I had another question which I posted in a separate thread which still has zero replies. Fingers crossed maybe one of you can help?

I need to include a "koseki tohon" in the application, which is basically a family registry in Japan. It shows marriages, divorces, births and deaths in my wifes family. However, my name hasn't been added yet. And I would basically need to fly over there myself (which isn't easy right now) in order to get my name added. Does anyone know if this is going to be a problem? I've searched everywhere for the answer and can't seem to find a thing about it. She has a version without my name on it, and we also have a Canadian marriage certificate. Think this will be enough?

 

[Aquakitty]

Thank you all so much for taking the time to answer. It's a huge relief to hear this.

Is there any chance any of you are knowledgeable specifically about the Japanese application? I had another question which I posted in a separate thread which still has zero replies. Fingers crossed maybe one of you can help?

I need to include a "koseki tohon" in the application, which is basically a family registry in Japan. It shows marriages, divorces, births and deaths in my wifes family. However, my name hasn't been added yet. And I would basically need to fly over there myself (which isn't easy right now) in order to get my name added. Does anyone know if this is going to be a problem? I've searched everywhere for the answer and can't seem to find a thing about it. She has a version without my name on it, and we also have a Canadian marriage certificate. Think this will be enough?

There's a lot of info on here about it, try this: http://www.canadavisa.com/canada-immigration-discussion-board/identity-and-civil-status-documents-japan-t399390.0.html

It seems they are interested in this document for her family history proof, so I don't think it will matter if you are added.

 

[canadianwoman]

You should be OK sending the koseki tohon as it is now, with a letter explaining why you have not been added yet, and her birth certificate and marriage certificate. This should be enough to establish her identity.

If the visa officer wants the revised koseki tohon, he or she will ask for it later.

 

[Kayaker]

I'm assuming you two were married in Canada, which is why your name isn't on her koseki. (We were married in Japan and my koseki was updated after 10 days or so, and my husband's name was added to my newly created koseki.)

Hopefully you can find someone here on the forum in the same situation, who was married in Canada and the Japanese spouse's koseki did not reflect the marriage.

If it is not possible to have your name on the koseki, I'd write a detailed explanation letter as canadianwoman suggests. I believe the point of submitting her koseki tohon (both the current one and the old (kaiseigen) one) is to get the whole picture of her life up to her marriage - namely, to check if she's been married before, and see if she's had any children before. The proof of marriage should be satisfied by the Canadian marriage certificate, anyway.

One thing I'd mention - this may or may not be relevant to your wife, but I'll put it out there just in case - she may or may not have a kaiseigen (old system) koseki tohon. In my case, I was always in my father's koseki, and my own koseki was created only when I got married to my husband. Therefore, my koseki is relatively new and it was never in the old system, so I can't get a kaiseigen koseki of my own. What I did was submit my brand new koseki, my father's current koseki and my father's kaiseigen koseki. When I was born my father's koseki was still in the old system so I'm on it in the old version. I think CIC asks for the kaiseigen koseki because they're afraid of some information being lost in the transition from the old to the new system.