PLEASE, HELP ME!

[deme]

Hello guys!

Please help me Sad Sad I am sponsoring my husband, I am approved as a sponsor and our application sent in Turkey 2 month ago, so it needs 16 month for review, at the same time he applied for visitor visa because our first child was born 1 month ago but they have refused... the reasons are:

1) Your family ties in Canada and in your country of residence

2) length of proposed stay in Canada...

I do not understand what does it mean...... I am not able to go to back my country because my PR card will be expired in 2 month and I can not renew it because I have been in Canada 495 days instead of 740 days, we NEED to go, baby needs to see her father we can not wait for 16 month it is impossible Sad Sad Sad Sad can you help us please Sad any suggestions...

 

[Alurra71]

I am sorry to say that I don't think there is anything that can be done.

You can leave and go be with your husband, but you will be putting your PR in jeopardy as well as his application because you have to be in Canada to sponsor him.

He was likely refused because he doesn't have strong enough ties to your home country. If he has a work contract and strong family ties there, you could try applying for a visitors visa once again. Also you should probably reduce your proposed time limit for this visit. Maybe try for like 3 months or something, I dunno. It sounds as if they are refusing the visa because of you and the baby being here in Canada and also because you tried to make the visit too long, but mostly because of the ties to you and the baby being stronger than anything he produced to prove he would return to Turkey when his visit was over.

I'm sure there are others who have more experience and may be able to help you further. Good luck.

 

[scylla]

Don't leave Canada until you meet the 730 residency requirement. If you leave earlier, this could create problems both for your own PR status and your husband's application.

Unfortunately it's not at all unusual for a TRV to be refused for someone who has a spouse in Canada - especially if they have applied for PR. I agree that if your husband can provide stronger proof to demonstrate that he has strong ties to his home country - then he can try applying again. However there's certainly a very good chance he's going to be refused a second time.

Unfortunately your options are limited since you don't meet the residency requirement for maintaining your PR status. If you met the residency requirement, you could at least go and visit your husband for a few weeks.

 

[frege]

Deme, when did you become a permanent resident of Canada? Some of your previous posts make it seem that it was only in 2012. In that case, you should have no difficulty travelling outside the country if you want to.

Are you sure that you understand the PR residency obligation correctly? If you only recently became a PR, you don't have to have been in Canada for 730 days now; you have to have been in Canada for 730 days in your first five years as a PR, and then in every five-year period starting after you became a permanent resident. The only way you could be in danger would be if you spent at least 3 years outside the country.

The problem is that the time has to be short (probably a few weeks per visit) or you won't be eligible to sponsor your husband. That's because you're not allowed to reside outside Canada while the PR application is being processed.

Also, you mentioned in previous posts having been a protected person. If Turkey is your country of citizenship, there may be a danger that if you travel back there, CIC will no longer believe that you were telling the truth in your application to be a protected person. This doesn't apply in all cases, but you should think about whether it might be a concern for you.

 

[Betina]

Repeating your situation in different threads doesn't mean that you will get different answers

As I've already wrote a few hours ago, before you started this thread, unfortunately they tend not to give visitor visas for those that applied for PR. Your husband should try and prove that he has strong ties with his country and will definitely return there and will not overstay his visa. An already purchased return ticket, a short stay (2-3-4 weeks), a letter from his employer stating that he is due to return to work in max. a month, proof of properties that he needs to manage, lease/utility agreements he paid in advance for a long period of time, maybe letters from close family members that are old/sick and relying on him - this sort of things.

You have to see the situation through the VO's eyes: he's married to a resident of Canada, he has a brand new baby in Canada, he already officially stated his intent to move to Canada for good - he's the perfect candidate for overstaying and they don't want to take the risk.

 

[frege]

You have to see the situation through the VO's eyes: he's married to a resident of Canada, he has a brand new baby in Canada, he already officially stated his intent to move to Canada for good - he's the perfect candidate for overstaying and they don't want to take the risk.

I don't really see things this way. When a visa officer wants to, they can say that since a person has been law-abiding and has not violated immigration laws in the past, they are honest and are unlikely to break the law in future. This is what BSOs do when they let US citizens into the country even though they know full well that they're applying for PR. The reason for overstaying is the same - the spouse, so the usual reasoning about comparing economic opportunities in the two countries doesn't apply.

Often, things work out the way you're saying, but it's not a foregone conclusion that a TRV won't be issued. And I definitely think it's appropriate to complain about having to wait a year and a half - through CIC's fault - to be with your spouse. This is undeserved.

 

[Betina]

I don't really see things this way. When a visa officer wants to, they can say that since a person has been law-abiding and has not violated immigration laws in the past, they are honest and are unlikely to break the law in future. This is what BSOs do when they let US citizens into the country even though they know full well that they're applying for PR. The reason for overstaying is the same - the spouse, so the usual reasoning about comparing economic opportunities in the two countries doesn't apply.

Often, things work out the way you're saying, but it's not a foregone conclusion that a TRV won't be issued. And I definitely think it's appropriate to complain about having to wait a year and a half - through CIC's fault - to be with your spouse. This is undeserved.

I don't think it's reasonable to compare letting a US (any visa exempt country for that matter, but especially US) citizen in Canada after applying for PR and issuing a visa for a Azerbaijan/Georgia/Iran/Turkey/Turkmenistan citizen in the same situation (those are the countries served by the Ankara VO). Especially when it's obvious that his ties with Canada are way stronger than with his homeland.

I fully agree the processing times are really long and it's painful to be away from your spouse for a year and a half. On the other hand, he could have applied for TRV before the baby was born, before applying for sponsorship, and then apply inland. The family would have been together then. This, though, is not the subject. The idea is that he has slim chances to obtain TRV for a longer period (3-4-5-6 months), especially seeing that he was already refused once, not that he has none. You never know, his visa request might be assigned to a not so heartless visa officer

 

[mosaab]

Unfortunately, the requirements of visiting visa are more complicated than all of the other immigration visas

I hope that the Canadian government to Feel us , Especially for those who have families in Canada

 

[truesmile]

Forum member 'frege' has 2 good points.

Check the expiry date ON your 'PR card', not on the Visa that they put in your passport. I have no experience with your 'protected person' status, but again frege's point sounds very valid. AND you are supposed to remain in Canada to sponsor as a PR.

Personally, my thoughts on the visit visa are jaded. We applied for one also (VERY different circumstances) with NO risk to overstay but were also denied. Someone later on suggested the magic number re: bank balance for even a "strong case" is $10,000 CAD minimum!! I don't know what to believe . . .