Outslnd pr recection due to spouse not visiting Canada since 2014

[Tmukherj]

My wife is Canadian citizen since 2005. She lived for 9 years from 2001 till 2009.She was working in Canada as well. My son is 40 years and my daughter is 36 years old. Both are Canadian citizens. We are married for 41 years.

My wife visited Canada only once in 2014. After that she could not visit for many reasons.

My wife left Canada in 2009 to join me. We were living in a GCC country. After my retirement we returned back to India. Immediately after our return Covid pandemic started.

My wife have applied for my outland PR in Jan 2023. Then IRCC asked me to complete Medical and biometrics which was completed on time.

Got reply from New Delhi Canadiam Embassy that application is not approved BRCAUSE MY WIFE DID NOT VISIT CANADA SINCE 2014. We have shown good amount of funds in Canada in my wife's name.

Can I know the possible reason for rejection of my PR ? Can a long absence of 9 years be a reason?

How to prove

 

[Naturgrl]

My wife is Canadian citizen since 2005. She lived for 9 years from 2001 till 2009.She was working in Canada as well. My son is 40 years and my daughter is 36 years old. Both are Canadian citizens. We are married for 41 years.

My wife visited Canada only once in 2014. After that she could not visit for many reasons.

My wife left Canada in 2009 to join me. We were living in a GCC country. After my retirement we returned back to India. Immediately after our return Covid pandemic started.

My wife have applied for my outland PR in Jan 2023. Then IRCC asked me to complete Medical and biometrics which was completed on time.

Got reply from New Delhi Canadiam Embassy that application is not approved BRCAUSE MY WIFE DID NOT VISIT CANADA SINCE 2014. We have shown good amount of funds in Canada in my wife's name.

Can I know the possible reason for rejection of my PR ? Can a long absence of 9 years be a reason?

How to prove

Wife needs to show proof that both of you are planning to return. if she hasn’t been in Canada, what did she prove of return - purchase house, lease house, job search, bank accounts etc.

 

[scylla]

My wife is Canadian citizen since 2005. She lived for 9 years from 2001 till 2009.She was working in Canada as well. My son is 40 years and my daughter is 36 years old. Both are Canadian citizens. We are married for 41 years.

My wife visited Canada only once in 2014. After that she could not visit for many reasons.

My wife left Canada in 2009 to join me. We were living in a GCC country. After my retirement we returned back to India. Immediately after our return Covid pandemic started.

My wife have applied for my outland PR in Jan 2023. Then IRCC asked me to complete Medical and biometrics which was completed on time.

Got reply from New Delhi Canadiam Embassy that application is not approved BRCAUSE MY WIFE DID NOT VISIT CANADA SINCE 2014. We have shown good amount of funds in Canada in my wife's name.

Can I know the possible reason for rejection of my PR ? Can a long absence of 9 years be a reason?

How to prove

Since your wife is living oustide of Canada, as part of the application to sponsor you for PR, she was required to provide concrete evidence that you plan to relocate to Canada permanently once your PR visa is approved.

It sounds like your wife did not provide this evidence or didn't provide sufficient evidence.

Since she hasn't been living in Canada for over 10 years, she would have needed to provide very strong evidence such as a job offer in Canada and/or property ownership in Canada and/or bank accounts in Canada.

Yes, the fact he has not visited Canada since 2014 didn't help the situation. IRCC needs hard evidence you plan to relocate to Canada to live here once the PR visa is approved.

 

[canuck78]

Not only should you provide evidence of renting/buying a home in Canada, getting a job in Canada, etc. but should provide proof that you are leaving India permanently like selling your home, giving notice if a rental, giving notice to an employer, etc. You can don’t have to provide the evidence right away you can provide evidence throughout you application. Did you not get a procedural fairness letter before denial? Had you ever applied for sponsorship or other types of permits before and not relocated to Canada? Do your children live in Canada? If not where do they live? If they live in Canada that would provide more concrete reasons for your move.

 

[armoured]

She might consider relocating to Canada first and then initiating sponsorship.

 

[Tmukherj]

1. My wife is having joint Account in a bank in Canada since 2001 with our son.

2. She has her own SINGLE account in her name with where we accumulated good amount of money.

3. My son studied Chemical Engineering from Canada. Presently working as a Senior Project Engineer in British Columbia. He has booked a house in BC recently with the internet that his parents (we) will come and live permanently with him. We have sent/gifted money to assist him in this process. My daughter-in-law is also working there. Hopefully possession of the house will be by the end of this year.

What proof can we give to show that my wife will return to Canada with me? She is Canadian citizen but did not visit Canada since 2014.
She was living with her husband and that is but natural. Could this be a valid reason for her long delay in visiting Canada?

Please send your comments/suggestions.
Thanks

 

[scylla]

1. My wife is having joint Account in a bank in Canada since 2001 with our son.

2. She has her own SINGLE account in her name with where we accumulated good amount of money.

3. My son studied Chemical Engineering from Canada. Presently working as a Senior Project Engineer in British Columbia. He has booked a house in BC recently with the internet that his parents (we) will come and live permanently with him. We have sent/gifted money to assist him in this process. My daughter-in-law is also working there. Hopefully possession of the house will be by the end of this year.

What proof can we give to show that my wife will return to Canada with me? She is Canadian citizen but did not visit Canada since 2014.
She was living with her husband and that is but natural. Could this be a valid reason for her long delay in visiting Canada?

Please send your comments/suggestions.
Thanks

I'm not sure what you mean by saying that your son as "booked" a house in BC. What does this mean? Rented? Bought?

Basically you need more / stronger evidence that you do in fact plan to live here after the PR visa is approved. You don't have enough now. The single bank account is not going to do it. Your wife may have to relocate to Canada and then responsor you.

 

[Tmukherj]

She might consider relocating to Canada first and then initiating sponsorship.

Thanks for your suggestion. Married for 41 years and still all these reasons from IRCC is very frustrating indeed.
Yes, this will be our next option in case my reply to IRCC does not bear the intended results.

 

[scylla]

Thanks for your suggestion. Married for 41 years and still all these reasons from IRCC is very frustrating indeed.
Yes, this will be our next option in case my reply to IRCC does not bear the intended results.

The length of your marriage is irrelevant. The refusal is not due to IRCC doubting your relationship is genunie. The refusal is due to lack of strong evidence you plan to relocate to Canada and live here once the PR visa is approved (vs. continuing to live outside of Canada as you have been doing so far for many years now).

 

[rcincanada2019]

Thanks for your suggestion. Married for 41 years and still all these reasons from IRCC is very frustrating indeed.
Yes, this will be our next option in case my reply to IRCC does not bear the intended results.

IMHO, the logic behind the IRCC reasons are rather straightforward and practical. IRCC may have doubt if you and your wife are really planning to live in Canada. Permanent Resident, from the two words itself are self explaining. With you and your wife living outside Canada for a long time, you need to convince IRCC that you really intend to be "residents" in Canada "permanently". For how can you be considered "permanent resident" if you are going to live outside of Canada? There are lots of discussions in this forum about PRs not meeting their residency obligations. So, imagine IRCC's concern with applicants for PRs who do not really intend to settle permanently in Canada.

Just my opinion, though. Good luck to you and your wife.

 

[Tmukherj]

Since your wife is living oustide of Canada, as part of the application to sponsor you for PR, she was required to provide concrete evidence that you plan to relocate to Canada permanently once your PR visa is approved.

It sounds like your wife did not provide this evidence or didn't provide sufficient evidence.

Since she hasn't been living in Canada for over 10 years, she would have needed to provide very strong evidence such as a job offer in Canada and/or property ownership in Canada and/or bank accounts in Canada.

Yes, the fact he has not visited Canada since 2014 didn't help the situation. IRCC needs hard evidence you plan to relocate to Canada to live here once the PR visa is approved.

Thank you for sharing your thoughts.

We spent $1500 CAD for PR application including Medical and Biometrics (our son taking the responsibility of all paperworks from Canada). We also eposited good amount of money in Canadian bank.
I am 69 years old retired person. My wife is 62 years old and homemaker since 2009.

Our son has already paid advance money for buying a new home and hopefully the property will be delivered by the year end. We have contributed money for his initial down-payment so that we can spend the rest of our lives there. Our son and daughter in law are also very keen about our family reunion.

If we are not interested then why would we do all these in the first place? Do we spend our hard earned money on something that we aren't interested about?

Thank you

 

[scylla]

Thank you for sharing your thoughts.

We spent $1500 CAD for PR application including Medical and Biometrics (our son taking the responsibility of all paperworks from Canada). We also eposited good amount of money in Canadian bank.
I am 69 years old retired person. My wife is 62 years old and homemaker since 2009.

Our son has already paid advance money for buying a new home and hopefully the property will be delivered by the year end. We have contributed money for his initial down-payment so that we can spend the rest of our lives there. Our son and daughter in law are also very keen about our family reunion.

If we are not interested then why would we do all these in the first place? Do we spend our hard earned money on something that we aren't interested about?

Thank you

I'm not IRCC. I'm just explaining how IRCC assesses applications in these situations.

When your wife submitted the application, per IRCC's instructions (since she was applying from outside of Canada), she was required to provide evidence to show you plan to move here as soon as PR is approved. What excatly did she provide as evidence, apart from the bank accounts?

Also, have you already received a refusal for the application? Or has IRCC sent you a PFL indicating the plan to refuse the application and giving you 30 days (or another limited time period) to respond with additional evidence?

The answer to your last question is quite easy. People will sometimes apply for PR with no real intention to live there but just to make travel back and forth easier. This is why IRCC requires the proof of relocating to Canada to live here.

 

[Naturgrl]

Thank you for sharing your thoughts.

We spent $1500 CAD for PR application including Medical and Biometrics (our son taking the responsibility of all paperworks from Canada). We also eposited good amount of money in Canadian bank.
I am 69 years old retired person. My wife is 62 years old and homemaker since 2009.

Our son has already paid advance money for buying a new home and hopefully the property will be delivered by the year end. We have contributed money for his initial down-payment so that we can spend the rest of our lives there. Our son and daughter in law are also very keen about our family reunion.

If we are not interested then why would we do all these in the first place? Do we spend our hard earned money on something that we aren't interested about?

Thank you

Did you show the funds in a Canadian bank account that are in your name? Is the property that your son bought in your name? If so include the purchase/deed in your name. If not in your name, show that it is in your son’s name and the address to show proof that you have a place to live. Paying the application fee is for processing but doesn’t show intent to move.

 

[canuck78]

Given that your son has lived in Canada it is quit strange that you haven’t visited for 10 years especially your spouse who is a homemaker so is free to travel. Many families gift money to help a child purchase a home these days so that means very little. IRCC likely wants to determine if you will be moving permanently to Canada or visiting between Canada and India. Do you have other children who live in India? Will you be selling your Indian home if you have one? It is not unusual for families to visit for part of the year and then return to India for the rest. That wouldn’t entitle to you PR. You could do so as a visitor.

 

[armoured]

If we are not interested then why would we do all these in the first place? Do we spend our hard earned money on something that we aren't interested about?

As noted, we're not IRCC, just explaining to best of our ability.

I underline again now that you've received a refusal:
-the best way by far now that you have one refusal on the PR side to ensure this doesn't happen again is for your spouse to relocate to Canada.
-you could appeal - but to win that appeal, best argument is for her to actually relocate to Canada.
-I have no idea which approach would be faster. The one doesn't exclude the other really except that you can't do both at once.
-if you do not have a visitor's visa, and you don't wish to be separated during this process, you should get one. That may prove difficult but still would apply. (Perhaps these recent changes announced will help your case, don't know).