Leon, need your help

[manochan]

Hello Leon,
I need your advice in my spouse case.
As I informed earlier, I got my PR card within 2 weeks of my 2nd PR application.
However, my spouse has stuck up for a visit visa.
My surgery is on May 5, 2014 and she wants to be with me.
Her PRTD was refused. She applied for a Visit Visa mid February,2014.
They asked her following documents:
1) Consent for not to Appeal PRTD decision.
2) Surrender of all PR documents like, PR Card, SIN Card, Landing Document, OHIB Card.
She carried out the documentation accordingly and sent original to Visa Office in India and copy to CPC here in Canada giving her file number.
1) Her E-status shows:- File has been transferred to Case Processing Centre on Jan 10. The process will be carried out as per the normal practice.
2) Her Visit visa status shows:- Decision not taken.
Usually visit visas are given in a month’s time, but her case is different.
Please guide me through in order to get her visa by end April atleast.

Thank you in advance,
Manochan

 

[Msafiri]

Visa post are being prudent and will wait for the IRPA stated 60 day appeal timeline in case your spouse changes her mind about the appeal - i.e. they want it to be a slam dunk PR revocation/loss. Ideally she should have submitted the documents she has had to submit with the visa application to save time. Add in mailing time and database updates and you are looking possibly at a 3 month timeline.

Just my 2 cents!

 

[manochan]

Thank you for your reply.
Is there any form that could be filled to save wait period?

Manochan

 

[sammy_2401]

Dear Msafiri,

You mentioned - 'Visa post are being prudent and will wait for the IRPA stated 60 day appeal timeline in case your spouse changes her mind about the appeal........'

I see this act by Visa post or CIC as absolutely illegal, unethical and a saddist type of approach. When legally a person has 60 days time to appeal, then under what authority are they playing such tricks of holding an application for 60 days - just to see that the person loses chance of what otherwise is his or her rights.

I may be wrong in my understanding of the situation, may be CIC is playing perfectly legal and ethical. I am not sure.

I just wanted to have clarity on this. Msafiri, and other experts, please let me understand.

Thanks.

 

[Alurra71]

Dear Msafiri,

You mentioned - 'Visa post are being prudent and will wait for the IRPA stated 60 day appeal timeline in case your spouse changes her mind about the appeal........'

I see this act by Visa post or CIC as absolutely illegal, unethical and a saddist type of approach. When legally a person has 60 days time to appeal, then under what authority are they playing such tricks of holding an application for 60 days - just to see that the person loses chance of what otherwise is his or her rights.

I may be wrong in my understanding of the situation, may be CIC is playing perfectly legal and ethical. I am not sure.

I just wanted to have clarity on this. Msafiri, and other experts, please let me understand.

Thanks.

They are only trying to protect the OP's wife. They are not going to formally 'rip up' her PR card until the 60 days are passed just in case she does in fact change her mind and decides to appeal. She already told them she wishes to renounce her PR in the hopes she can now apply for a visit visa with eventual sponsorship from her spouse. But because the formal wait times in case a person changes their mind is 60 days from the date you sign that renouncement form, they are waiting the full 60 days to give her opportunity to change her mind if she so wishes.

Does that make more sense to you now?

 

[sammy_2401]

Oh I see. That is clear now. That is even great. I had totally misunderstood the situation. Thanks for clarification.

 

[Msafiri]

They are only trying to protect the OP's wife. They are not going to formally 'rip up' her PR card until the 60 days are passed just in case she does in fact change her mind and decides to appeal. She already told them she wishes to renounce her PR in the hopes she can now apply for a visit visa with eventual sponsorship from her spouse. But because the formal wait times in case a person changes their mind is 60 days from the date you sign that renouncement form, they are waiting the full 60 days to give her opportunity to change her mind if she so wishes.

Does that make more sense to you now?

Couldn't have said it better....CIC doing the OP's wife a favor by not processing her visitor's application until the PR loss is formalized. This is likely an internal operational practice to stop an appeal later on where the PR says well I changed my mind and CIC had already decided to cancel my PR. The problem is that the OP's wife wants a visitor visa today...it doesn't work like that. In fact there is a significant risk that the visa post will bounce the application. The spouse has his PR back on track which means he can sponsor the wife including in country on H&c grounds...that's one big incentive not to leave at the end of the visit. I don't see any mention of ties in the ME or home country presented to the visa office that she will return after a visit.

 

[manochan]

Hello Msafiri,
Thank you for your valuable reply.
Currently my wife is in India without work.
However, her Bahrain employment is still on.
They told her, in case she wants to come back, she is more than welcome.
In the meantime, she has been shown as without pay.
Here, I got my PR. I am having a job.
I applied for a sponsorship for my wife last month.
I am still waiting for a file number.

As per your advice, we will wait for CIC’s procedure to get her visit visa.
By that time, I will get file number for the sponsorship.
The moment she gets her visa, next day she will be here.
Please give me some tips for future.
Thank you in advance.
Manochan