My husbands immigration case got rejected

[noor1987]

hi every1,

i am really upset, i really need some suggestions or help plzz
i first came to Canada in September 2010 and got my PR but after one month i went back to Pakistan and got married there. in august 2011 i again came back to Canada and delivered my baby in Canada in September and at the same time i sponsored my husband. but as me and my husband was planing to live Canada together after my husbands sponsorship approved, so i again went back to Pakistan in November 2011 and started living there. Now my husbands case got rejected as embassy said that i am not living in Canada.

plz can any1 help me in this situation. i mean what should i do...??
i want to live with my husband till he gets the visa...bt as his case already been rejected...i dont knw wht should i do nw??

plz i want some1 2 guide me.

 

[truesmile]

Welcome! And congratulations on acquiring your own PR status. I'll be interested to see what others have to say because from what I see, "they" (the CIC) gotcha there. If you want to live in Canada you have to prove it by... "living" in Canada. Baby born in Canada should be a BIG plus, at least he/she is automatically a Canadian citizen. Good luck!

 

[hogaishaadi]

hi every1,

i am really upset, i really need some suggestions or help plzz
i first came to Canada in September 2010 and got my PR but after one month i went back to Pakistan and got married there. in august 2011 i again came back to Canada and delivered my baby in Canada in September and at the same time i sponsored my husband. but as me and my husband was planing to live Canada together after my husbands sponsorship approved, so i again went back to Pakistan in November 2011 and started living there. Now my husbands case got rejected as embassy said that i am not living in Canada.

plz can any1 help me in this situation. i mean what should i do...??
i want to live with my husband till he gets the visa...bt as his case already been rejected...i dont knw wht should i do nw??

plz i want some1 2 guide me.

I think in your attempt to be with your husband (which one can understand) you fell short on enough time being spent in Canada... basically you haven't showed strong Canadian ties, that you have to prove by living here, working here, paying rent, bills, or some sort of volunteer work even... I would strongly suggest you go the lawyer route and consult, and for time being staying in Canada, and trying to apply for visit visa for your husband should work (you both have to show strong ties to your respective countries, you that you stay here, and your husband with work/house/bills/other commitments etc to show that he will go back after 6 months max stay here)... and then you can apply again for his permanent residence here as well... they only rejected you now coz you failed to show strong ties here... so that is not a hindrance from you applying again... best of luck, and stay calm and focused in your relationship

 

[Harju]

As a PR you cannot sponsor your husband if you do not live in Canada. To sponsor you husband you must move back to Canada and live here and do a new application and actually remain living in Canada.
I'm interested to know how you originally got PR within a one month timeline.

 

[noor1987]

thaxx hogaishaadi for such kind words

i was really disappointed n hurt by the reply of Bluenoser
i was even thinking to del my post

so u guys can guide me on my situation??
is there any chance that my husband apply for student visa as a PHD student??

 

[noor1987]

is that possible that my husband get visit visa?? cz sum1 told me that Canadian government usually dnt give visit visa to youngster...

 

[parker24]

is that possible that my husband get visit visa?? cz sum1 told me that Canadian government usually dnt give visit visa to youngster...

He can apply but YOU must be in Canada. That is the ONLY way you can sponsor him as a PR. I believe you need to be not only living here, but working as well.

 

[scylla]

I agree with the others. CIC was correct in refusing your husband's application since you were not living in Canada. Because you are a PR - you must be living in Canada while the application is being processed (for the entire application processing time - not just sponsor approval).

You can sponsor your husband again but this time you must remain in Canada if you wish the application to be successful. Visiting your husband occassionally for 2-3 weeks is fine. Anything longer and you'll end up with another rejection.

Your husband can try for a student visa. However he's have to prove that he has strong ties to his home country and no plans to remain in Canada long term. I don't see how he can possibly do this given that you applied to sponsor him for PR. Same applies for the visit visa.

 

[heybuddy]

@noor187
Honestly your best option is speaking with a lawyer, unless someone has gone through the exact same situation on this forum everything else said is speculation.

Good luck

 

[canadianwoman]

plz can any1 help me in this situation. i mean what should i do...??
i want to live with my husband till he gets the visa...bt as his case already been rejected...i dont knw wht should i do nw??

You are a PR of Canada. PRs must live in Canada when they sponsor a spouse or partner. So you will have to come back to Canada and stay here during the whole processing of your husband's application when you apply again. He probably won't be able to get a study visa or a temporary resident visa, but he can try applying. He will have to show strong ties to his homeland.
Some people have been able to get a TRV after they applied for the PR visa, by showing the paperwork that the sponsor had been approved.

 

[Steph C]

Hi Bluenoser,

While it's extremely hard for me to watch people on this forum take advantage of our systems, there's always a few things I keep in mind. I want my spouse to be treated well in Canada, the same way they would treat you and I, with no discrimination or racism. I would want that for my future children as well, who will be mixed heritage.

I think something that we can all take home from this is that sponsorship of family is a privilege and NOT a right.. I view it that way even though I have as deep roots here as you do, and all I would hope is that newer citizens could adopt the same view of it and not demand it as their right but realize that it indeed a great privilege.

I would like some help as well. I was born in Canada 40 years ago and have been paying taxes here since I was 13 years old. My parents, grandparents, great grandparents, etc, etc all the way back to the 1700's lived and payed taxes here as well, while helping to build this great country. I would like to sponsor my spouse from another country but have to follow the same rules as you do. You became a permanent resident, contributed a grand total of one month of your life here before going back to your country, only to return a month before your baby was due to take advantage of the free health care and citizenship status for your child. Then you immediately returned to your country and are complaining that you can't sponsor your husband to come to Canada? WTF? It's people like you that make it that much more difficult for the rest of us. I'm glad you got rejected.

 

[mameelynn]

Hi Bluenoser,

While it's extremely hard for me to watch people on this forum take advantage of our systems, there's always a few things I keep in mind. I want my spouse to be treated well in Canada, the same way they would treat you and I, with no discrimination or racism. I would want that for my future children as well, who will be mixed heritage.

I think something that we can all take home from this is that sponsorship of family is a privilege and NOT a right.. I view it that way even though I have as deep roots here as you do, and all I would hope is that newer citizens could adopt the same view of it and not demand it as their right but realize that it indeed a great privilege.

Not that I think Bluenoser went with the most tact in their reply but I'm sorry as a Canadian born and raised I think that it is (or should be) my right to sponsor my spouse into Canada... but as a PR I think that it is a privilege and that is why when you are a PR you MUST remain in Canada for the duration of sponsorship just like how you can lose PR if you aren't in Canada for the required amount of time unless you are living with your Canadian spouse... sorry but I do think that it should be separated between immigration for Canadian's sponsoring their families and PR's sponsoring their families....

 

[missmymexi]

Correct me if I am wrong, but didnt they just implement a 5 year waiting period for a PR to sponsor a spouse ?

 

[missmymexi]

Correcting myself, it is only if you obtained a PR by sponsorship that you have to wait 5 years

 

[Steph C]

Not that I think Bluenoser went with the most tact in their reply but I'm sorry as a Canadian born and raised I think that it is (or should be) my right to sponsor my spouse into Canada... but as a PR I think that it is a privilege and that is why when you are a PR you MUST remain in Canada for the duration of sponsorship just like how you can lose PR if you aren't in Canada for the required amount of time unless you are living with your Canadian spouse... sorry but I do think that it should be separated between immigration for Canadian's sponsoring their families and PR's sponsoring their families....

I agree with you about that, and wish we could be at the front of the line, but for the government to implement some kind of tiered system based on where you were born and raised would be a bit harsh.
On the other hand it's really the difference between simple spousal sponsorship and daisy-chain immigration. It hurts me when people immigrate yet don't want to be here... for me it's the greatest place on earth but for others it's just a way to climb the proverbial totem pole.
It bothered me when a boat load of refugees landed 5k from my house and my partner couldn't even get a visitor's visa. Those refugees are probably in Toronto somewhere sponsoring the rest of their families and I'm behind them in line. But somehow that's what makes Canada great in my opinion.. equal treatment.
For now, while I'm waiting, I'm just thinking of it as a privilege and just hoping.