I am 35, this is my first child from my first marriage and this wasn't unplanned. I came as a federal skilled worker in May 2016 and didn't plan to marry from my home country but life doesn't go entirely as planned. And for instance if I got sick and wanted to call my husband to Canada would you suggest me to do my due diligence before becoming sick. I have been a user of this forum since 2013 and my frustration lies in the fact of justifying unfair rule of IRCC. I think even if he had showed more ties or even if he was employed it would be rejected because we belong from a high risk country. However these cases should be judged on their individual merit.
And thank you for some of the regressive statement. It shows that you don't have to be educated to be enlightened or living in a developed country still one can always expect this kind of mentality. Its not the woman only who gets pregnant, both are expecting a baby and its an important phase for both the spouses. So the "blame" of the "woman" getting pregnant lies on both of them.
And cancuck, thank you for your concern. Yes I have healthcare coverage and eligible for mat leave benefits and would be applying soon.
It’s very unfortunate that your husband won’t be with you for the brith of you child. I feel terribly for you both. IRCC can very strict on certain issues, and the CBSA can be too. Sometimes the decision making process doesn’t make much sense to people. A lot of people also don’t realize that IRCC and the CBSA are separate departments with different mandates. They obviously share a common goal with regard to migration, and they have access to each the same pool of data and information.
As a foreign national of a country that requires a visa to travel, you need to convince IRCC to grant the visa and the case that you make has to be watertight, to the point of overkill. IRCC will rarely solicit you for further information and clarification. Any doubts they have will likely result in a rejection. Also bear in mind that if you convince IRCC to issue you a visa, you still have another challenge ahead, the CBSA. The CBSA officer at the PoE can also deny entry if they’re not satisfied that person will leave at the end of the stay, or if they feel there’s some misrepresentation.
Foreign nationals from visa exempt countries don’t face these challenges. They can simply arrive at the PoE and all they have to do is convince the CBSA to approve their entry. It’s quite literally half the battle. IRCC and the CBSA put in place visa requirements for a reason and maybe they go easier on admission requirements for these foreign nationals because they find them to be less risky? I’m assuming that’s reason these countries are visa exempt in the first place.
It also seems like a lot of foreign nationals don’t realize that they have zero rights at a PoE for a country of which they’re not a citizen. Any admission granted is done so at the sole discretion of the border officer. In Canada, even when someone has a TRV, OWP, etc they’re not guaranteed readmission if they leave Canada. The documentation clearly states this. There’s probably very little chance of an OWP holder being refused entry after something like a vacation. But the point is that CBSA is under no legal obligation to let the person back in to Canada, despite their seemingly valid status granted by IRCC. I could be wrong on this too, but I don’t think even PR status gives you a legal right to readmission. A PR not meeting residency requirements, or having their status revoked in their absence for an infraction/misrepresentation, could easily be refused admission. Only a Canadian citizen has that legal right to admission and can’t be prevented from entering the country.
There have been cases of out of status PR applicants awaiting the processing in Canada, receiving a removal order from the CBSA out of the blue and duly being removed to their home country, only for IRCC to eventually approve the PR application and then being allowed to return and land accordingly. The CBSA is pure enforcement in this context. IRCC will gladly process out of status applications, but they can’t prevent the CBSA from removing someone. Even if the removal will end up being temporary. Separate departments with different mandates.
The point to this is that no rejection of a visa or admission is fair to someone who’s on the receiving end of that decision. There’s nothing you can do though to change it, unfortunately. PR rejections can be challenged, visitor visa rejections can’t.
I hope your PR application is approved soon and all three of you can be reunited. Good luck with the birth of your baby and try to keep as stress free as possible. I know it’s hard for you right now, but you’ll all likely be together very soon.
