Pregnant PR-Husband Visit Visa Refused

[samakh]

Hello everyone,

I just got to learn that my husband's Visit Visa Application has been refused. His PR application is under process. Later, I applied for his temporary resident visa/visit visa so he could be with me during my delivery which is expected to be on the first week of November as PR application takes 1 year to process.

This has been stated in the Refusal Letter:

Following an examination of your application, I am not satisfied that you application meets the requirements of the Act and the Regulations for the reasons explained below. Please note that only the grounds that are checked off apply to the refusal of your application. You have not satisfied me that you would leave Canada at the end of your stay as a temporary resident. In reaching this decision, I considered several factors, including:

Family ties in Canada and in country of residence
Length of proposed stay in Canada
Purpose of visit

I am totally thrown off by this decision because, I have provided marriage certificate plus documents from the government office, my ID card from my home country declaring me as his wife. He lives with his parents at his home country/country of residence and runs a registered business and each and everything has been attached.

For length of proposed stay in Canada under visitor visa documents they expect you to to attach return ticket which we did from Oct 19, 2018 to Jan 2, 2019

Purpose of Visit: I attached doctor's report from Canada stating my EDD (Expected date of Delivery) and I attached a letter stating that I am pregnant and would like to invite my husband. I have literally no one with me who can take care of me during this time or the time of delivery.

I have attached everything they ask for. I work for a semi-government organization of Canada, attached my tax returns, employment letter, proof of where I live and proof that I am able to bear my husband's living expenses. I have also attached proof that I have applied for his PR and I expect it to be processed by May 2019!!

Where did I fail? This is so frustrating. Please help me. My friend advised me to meet my local MP to appeal this decision. Has any of you did this before? I am skeptical to reapply because the people who refused the application once would refuse it again because it seems to me that they haven't fully checked all the documents attached with the application so I am thinking of challenging this decision instead of reapplying. Please advise! Thank you!

 

[canuck78]

Unfortunately this is very common so unless you have other information that would provide more proof that your spouse has to return to his home country there is little chance that he will be granted a TRV. A child will only increase his ties to Canada. It's unfortunate that you hadn't researched this issue before getting pregnant because many spouses end up separated for the birth.

 

[Buletruck]

Unfortunately, it’s not uncommon for spouse (whether being sponsored or not) to be rejected for TRVs. Essentially, IRCC feels there is too much risk of them overstaying the visa and that they are not genuine visitors. To be successful, you need to prove extremely strong ties to his home country, something you haven’t done by asking for a 2 1/2 month stay.
Your friends advice to appeal to an MP is pointless. MPs cannot influence IRCC decisions (although they can inquire and provide letters of support), but essentially there is no appeal for a visitor visa. Judicial review would be the only option and that could take a year or more, if it’s even accepted by the courts.

 

[samakh]

Thank you for your reply canuck78 and Buletruck. Why does the IRCC feels that?? If I have already applied for his PR which is expected to be finalized by May 2019-fees have been paid and its a long process to collect and submit all the documents for PR application then why would they think he'll overstay the visa. I am also working in a vulnerable sector, file my taxes and have a good credit rating. I came 2.5 year ago on a Federal Skilled Worker Visa and have been working here since then.

Also Buletruck don't you think 2.5 months stay is reasonable for a person who will be here for his child's delivery. Off course there is more to it then just the day of delivery. Contrarily, it should be longer but he is a site Architect and has ongoing projects in his home country.

 

[scylla]

Thank you for your reply canuck78 and Buletruck. Why does the IRCC feels that?? If I have already applied for his PR which is expected to be finalized by May 2019-fees have been paid and its a long process to collect and submit all the documents for PR application then why would they think he'll overstay the visa. I am also working in a vulnerable sector, file my taxes and have a good credit rating. I came 2.5 year ago on a Federal Skilled Worker Visa and have been working here since then.

Also Buletruck don't you think 2.5 months stay is reasonable for a person who will be here for his child's delivery. Off course there is more to it then just the day of delivery. Contrarily, it should be longer but he is a site Architect and has ongoing projects in his home country.

A 2.5 month stay demonstrates weak ties to the home country. You have to look at things from IRCC's perspective. It's not about being here for the child's birth - it's about demonstrating ties to one's home country to get a visa approval and showing you are a genuine tourist. Most people cannot leave their jobs for that long and cannot take vacations that long. It would have been better to have requested a 2-3 week trip. This is a much more reasonable length of time.

However even if you had requested a shorter trip, the chances of refusal would have still been high since IRCC knows he has plans on remaining in Canada long term because of the PR application.

 

[samakh]

Sorry I have asked for help in this forum multiple times and always got reasonable replies. But I am not satisfied this time. I am looking at things from IRCC perspective thatswhy we booked a CAD 1200 flight and attached everything. He does his own business and yes he can afford to take this break. He's not employed by anyone and business documents are attached with the application. And since I am a PR got married in Jan 2018 so yes I would like my husband to live with me, that's the reason I got married in the first place and applied for his PR. It wont be long term it would be forever once his PR application is approved. But in the meanwhile I applied for his visit. And with all due respect this is not a vacation! Don't fathers in Canada take paternity leave to attend to their newborn??

 

[Buletruck]

I sympathise with your situation, but Because you don’t like the replies, doesn’t make them unreasonable. The fact remains (and a little research on the forum will confirm) TRVs for spouses are notoriously difficult to get. That’s just reality. You are of course free to pursue an appeal, contact your MP and challenge the decision. And I wish you the best in your pursuit. If you are successful, please remember to share your journey.

 

[ohdearohdear]

Sorry I have asked for help in this forum multiple times and always got reasonable replies. But I am not satisfied this time. I am looking at things from IRCC perspective thatswhy we booked a CAD 1200 flight and attached everything. He does his own business and yes he can afford to take this break. He's not employed by anyone and business documents are attached with the application. And since I am a PR got married in Jan 2018 so yes I would like my husband to live with me, that's the reason I got married in the first place and applied for his PR. It wont be long term it would be forever once his PR application is approved. But in the meanwhile I applied for his visit. And with all due respect this is not a vacation! Don't fathers in Canada take paternity leave to attend to their newborn??

It seems your dissatisfaction is due to people not telling you exactly what you want to hear. Further, it sounds like you are unwilling to accept responsibility for your own actions. Ultimately, the onus was on you and your husband to research this and either a. wait to get pregnant until your husband had obtained his COPR or b. go ahead with the babymaking but accept that his visa would probably be denied. Lastly, your being pregnant doesn't result in any special privileges for you or your husband.

 

[np08]

It seems your dissatisfaction is due to people not telling you exactly what you want to hear. Further, it sounds like you are unwilling to accept responsibility for your own actions. Ultimately, the onus was on you and your husband to research this and either a. wait to get pregnant until your husband had obtained his COPR or b. go ahead with the babymaking but accept that his visa would probably be denied. Lastly, your being pregnant doesn't result in any special privileges for you or your husband.

I don't think there's reason for this level of hostility towards the OP. We've seen people make all sorts of mistakes on this forum, as well as a ton of confusion over many different aspects of immigration.

Yes, they should have done due diligence and seen that spouses are refused visiting visas at higher rates precisely because they're spouses, and it goes double when one of them is pregnant. From an emotional aspect it makes no sense (of course a pregnant woman wants her husband with her when giving birth), but immigration agencies don't approach it emotionally.

This lady went from thinking her husband would be with her within three weeks' time to him getting denied; I think we can cut her some slack and allow her to vent a bit.

 

[canuck78]

I think the frustration lies in the fact that women don't do research before getting pregnant if it is a planned pregnancy. Whether it is receiving health care on arrival or getting pregnant and the sponsoring your spouse, a little research could eliminate a lot of heartache.

 

[np08]

I think the frustration lies in the fact that women don't do research before getting pregnant if it is a planned pregnancy. Whether it is receiving health care on arrival or getting pregnant and the sponsoring your spouse, a little research could eliminate a lot of heartache.

That I can agree with, yeah. A lot of people come in here with the application already sent in without them having a grasp even on the basics, and that's a bit foreign to me as I had been visiting this forum for three years before I applied, lol. Though I probably am in the overkill category, but still.

But I think that in some of these situations, "I told you so," doesn't really help a person that's just realized they can never sponsor their child because they didn't declare them, for example. Some of this stuff is devastating and I can't even imagine what it would be like.

 

[Buletruck]

Agree that the level of scrutiny is a bit over the top. People get pregnant, planned or not. People seem to be advocating complete or absolute abstinence after (or even before) marriage, which is, for most of the worlds population, pretty unlikely. Let’s face it, “Shi$ happens”. Unfortunately, it just adds to the stress she’s already under.

 

[canuck78]

I do think many of these pregnancies are planned or at least not prevented so a pregnancy can be expected. Lots of things going into having a child in Canada. Have you worked enough to qualify for mat leave? Can you afford daycare or a mat leave? Do you have healthcare coverage if you haven't been living in Canada?

 

[Copingwithlife]

That I can agree with, yeah. A lot of people come in here with the application already sent in without them having a grasp even on the basics, and that's a bit foreign to me as I had been visiting this forum for three years before I applied, lol. Though I probably am in the overkill category, but still.

But I think that in some of these situations, "I told you so," doesn't really help a person that's just realized they can never sponsor their child because they didn't declare them, for example. Some of this stuff is devastating and I can't even imagine what it would be like.

And I think when people are applying to immigrate, or to sponsor someone, or apply for healthcare benefits, they should realize they are not applying for a library card. There are rules set out by the Government of Canada,, or the provinces, that were PASSED by the elected individuals, and the officers assigned to VISA processing are obligated by law to follow the laws passed. As I mentioned in another post. There will be general election next year, and maybe the Immigration laws will be changed. Changes in the law, sometimes good, sometimes bad are sometimes dependent upon the voting public. If the voting public wants Immigration to be tightened, or the law to be tightened the government in power takes that into consideration
In no way from reading the replies on here, were they in any way "hostile". IMHO

 

[np08]

And I think when people are applying to immigrate, or to sponsor someone, or apply for healthcare benefits, they should realize they are not applying for a library card. There are rules set out by the Government of Canada,, or the provinces, that were PASSED by the elected individuals, and the officers assigned to VISA processing are obligated by law to follow the laws passed. As I mentioned in another post. There will be general election next year, and maybe the Immigration laws will be changed. Changes in the law, sometimes good, sometimes bad are sometimes dependent upon the voting public.

Don't get me wrong, we're in agreement there. I am often frustrated with how unprepared many people seem to be when it comes to this, how they don't take it nearly as seriously as they should, and how they tend to do stuff and ask questions only later when a mess has already formed. Especially given that this is one of the most important things they'll ever do in their life (as it determines their future, the future of their relationships, where they will live, etc), and yet the process itself is fairly straightforward and there's plenty of helpful resources around.

I was just speaking to the hostile tone of some of the responses to the OP. While it's absolutely the fault of her and her husband and their lack of research into this, at the end of the day, a woman that's due to give birth in a month has just found out she won't have her husband with her when she does, after (wrongly) being convinced she would. On a human level, I can sympathize and feel bad for her, even if I also think they should have taken it all more seriously and researched properly. That's all, really.