Refusal based on Asian Discrimination and Intent

[hollafame]

Hi everyone,


I am a Canadian expat living in Bangkok, Thailand. I started my application for my Thai wife in April 2020. We are planning coming to Quebec and everything was smooth sailing and I even got her the CSQ acceptance. All but until I got a letter from the Singapore office which asked for the following:

-A letter from my current employer that I have resigned
-A letter that I got a new job in Canada
-Proof that I have terminated my lease
-Any kind of proof that I have the intent to come back to Canada

I then sent back documents showing conversations of my wife and I speaking to my parents of looking for houses, a full on document with my step by step plan on what I'll be doing when I get back and also bank statements showing that I'm transferring money from Thailand back to Canada. It was very risky for me to resign from my job and terminate my lease before they granted the PR so this is why I did not supply it.

I got a refusal because they were not satisfied with my intent. According to a lawyer I spoke with, they are discriminatory against Asian countries applying and have rejected 99% of applications coming from countries like Vietnam, Thailand, Philippines, etc.


Question now is: what do I do moving forward?


1) Do I appeal the decision. The lawyer says it will take 2.5 years to 3 years to have the decision reversed!


2) Do I start the process all over again outland? Since I got rejected, how much time do I need to re-apply and do this nightmare all over again. The lawyer quoted around 8000 CAD for this process


3) Do I fly out there while my wife has a Canadian tourist visa (it expires May 2022) and apply inland? The lawyer quoted 7000 CAD for this process. As it is covid time, it takes time and extra permission papers in order to do this.


4) Her passport and Canadian tourist visa expires in May 2022. At that time, am I able to re-apply for a Canadian tourist visa expires or since she got rejected for the PR, that will hurt her chances? Perhaps the covid situation will be better? I’m just checking if this is an option,


Thanks for the help and advice, please feel free to give me all angles and played out scenarios.

Regards



A Canadian in distress

 

[armoured]

As suggested before, order your gcms notes.

Go to Canada with your wife and apply inland. You can do this without a lawyer.

 

[hollafame]

As suggested before, order your gcms notes.

Go to Canada with your wife and apply inland. You can do this without a lawyer.

Thanks man,
Just to clarify, I had to rewrite the thread as there was some new information. The lawyer made it sound like we now have a handicap to re-apply even inland and I would need all these affidavits and what not to re-apply. Does this sound right? And when I book a flight with her tourist visa, do I need to book a two way flight?
I appreciate your answers and anybody's answer always. I apologize for having to ask again and again as I feel stressed and powerless. I actually feel like an immigrant in my own country

 

[Phalos]

Book with return flight, dont take any risks and never mention to Customs about applying intent, apply inland.
They considered your marriage as genuine, so proving resettlement while applying inland is a piece of cake. All you lost was $500 processing fee.
You very lucky your wife has trv.
Good luck.

 

[armoured]

Thanks man,
Just to clarify, I had to rewrite the thread as there was some new information. The lawyer made it sound like we now have a handicap to re-apply even inland and I would need all these affidavits and what not to re-apply. Does this sound right? And when I book a flight with her tourist visa, do I need to book a two way flight?
I appreciate your answers and anybody's answer always. I apologize for having to ask again and again as I feel stressed and powerless. I actually feel like an immigrant in my own country

Order gcms notes to find out what notes were made:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/access-information-privacy/requests-information-act.html

I do not know what handicaps the lawyer is referring to. Nor what affidavits the lawyer believes are necessary.

GCMS notes should help determine that this was the sole reason for refusal.

You can return at any time and you can apply inland or outland; if your intent to return was the issue, you will have addressed that.

Your spouse travelling: she should have a return ticket and be coming to visit. If asked, you are considering applying to sponsor her (this is the dual intent referred to, i.e. possibility and intent to apply is not alone a reason to refuse); and she will "honour the terms of admission to Canada", i.e. she'll return home when required to. (She can actually apply to extend). My understanding is that being refused admission when arriving by flight with a valid visa is relatively rare; that said, she should not show up with all of her worldly belongings so that 'visit' is credible.

Personal opinion again: if/when she arrives in Canada, applying inland does not require a lawyer, nor should you applying outland (if she remains in Thailand).

As @Phalos notes above, it is very fortunate that your wife has a TRV.

I can say the claim that 99% of apps are refused does not sound credible, and the claim of discrimination not useful to you; Philipines is one of the top three countries for immigration (and the others in top three were India and China) just a couple of years ago. While no-one would claim that discrimination is zero or impossible, the question for a lawyer is: so what? Is there something actionable in that? Is it even plausible to make that claim given that probably close to half of immigration to Canada is from Asia? Would that somehow make an appeal easier? If you're reading between the lines here, I am implying that the lawyer is telling you things that make you more likely to engage the lawyer for paid services, by making you more angry and upset, and believing there is some special 'lawyer magic' needed. You need less anger and frustration and more cold analysis. The cold rational analysis is that an appeal might take much longer than re-applying, and if so, it may not require the services of a lawyer. You can of course engage a lawyer and it will not be free - and it might be preferable for you; but you do not want a lawyer who's making unfounded and not-useful claims.

 

[hollafame]

Do you guys know whether if we re-apply for a tourist visa next year, it will get denied due to the PR being rejected? Or are they both separate? I am also trying to weigh my options in coming later now, might as well. Thank you!

 

[armoured]

Do you guys know whether if we re-apply for a tourist visa next year, it will get denied due to the PR being rejected? Or are they both separate? I am also trying to weigh my options in coming later now, might as well. Thank you!

No-one "knows." But all things being equal, the chances of a new TRV being refused are much higher after the PR rejection.

 

[Western Mountain Man]

Summer is usually a good time to travel especially with a return ticket.

Book your flights soon due to recent increase in fares with limited availability from some areas and don't forget to
reserve the 3-day quarantine hotel prior to the flights. That will also include up to $2k per person if you're not exempt.

Do you want to spend money on time together or lawyers?
Think clearly and consider your best options.

 

[armoured]

Has your spouse visited Canada before?

 

[Idrissrafd]

I’m really surprised by those “numbers”. 8k ? Are you serious ?! You don’t need a lawyer!
What discrimination is he talking about ? The fastest PRs that I have ever seen were from Philippine. Recently I was telling to my wife that IRCC likes migrants from Philippine lol
On a serious note : I would advice you to change your lawyer or just start your application without any lawyer and follow all these advices in this forum.

Good luck

 

[scylla]

Hi everyone,


I am a Canadian expat living in Bangkok, Thailand. I started my application for my Thai wife in April 2020. We are planning coming to Quebec and everything was smooth sailing and I even got her the CSQ acceptance. All but until I got a letter from the Singapore office which asked for the following:

-A letter from my current employer that I have resigned
-A letter that I got a new job in Canada
-Proof that I have terminated my lease
-Any kind of proof that I have the intent to come back to Canada

I then sent back documents showing conversations of my wife and I speaking to my parents of looking for houses, a full on document with my step by step plan on what I'll be doing when I get back and also bank statements showing that I'm transferring money from Thailand back to Canada. It was very risky for me to resign from my job and terminate my lease before they granted the PR so this is why I did not supply it.

I got a refusal because they were not satisfied with my intent. According to a lawyer I spoke with, they are discriminatory against Asian countries applying and have rejected 99% of applications coming from countries like Vietnam, Thailand, Philippines, etc.


Question now is: what do I do moving forward?


1) Do I appeal the decision. The lawyer says it will take 2.5 years to 3 years to have the decision reversed!


2) Do I start the process all over again outland? Since I got rejected, how much time do I need to re-apply and do this nightmare all over again. The lawyer quoted around 8000 CAD for this process


3) Do I fly out there while my wife has a Canadian tourist visa (it expires May 2022) and apply inland? The lawyer quoted 7000 CAD for this process. As it is covid time, it takes time and extra permission papers in order to do this.


4) Her passport and Canadian tourist visa expires in May 2022. At that time, am I able to re-apply for a Canadian tourist visa expires or since she got rejected for the PR, that will hurt her chances? Perhaps the covid situation will be better? I’m just checking if this is an option,


Thanks for the help and advice, please feel free to give me all angles and played out scenarios.

Regards



A Canadian in distress

In my opinion, the response you provided to IRCC to demonstrate you plan to move back to Canada was really lacking. You could have provided a much stronger response and that's the reason for the refusal. It has nothing to do with discrimination - IMO, the issue was weak evidence that you will return to Canada. We have seen refusals on this forum for the same reason for individuals sponsoring spouses from countries like the UK. This kind of refusal is not isolated to certain countries. It's a shame you didn't come here for advice when you received that letter. I think there were a number of suggestions we could have given you to strengthen your response significantly. But what's done is done. All you can do is look forward.

Don't appeal. This is a long and expensive process with an uncertain result.

Have your wife come with you to Canada on a TRV and submit an inland application once you are both here.

 

[bian07]

Yeah this really has nothing to do with discrimination, this is completely based on lack of solid evidence for relocating to canada.

Best option is to either apply inland or even reapply as outland, but only after at least you as sponsor have relocated to canada.

 

[Phalos]

Do you guys know whether if we re-apply for a tourist visa next year, it will get denied due to the PR being rejected? Or are they both separate? I am also trying to weigh my options in coming later now, might as well. Thank you!

It will be denied 99% due to the refusal.
Have you received Pre Arrival?
Have you ordered gcms notes?
Have you passed Eligibility?

 

[hollafame]

Has your spouse visited Canada before?

Yes, we visited back in 2019

 

[hollafame]

I’m really surprised by those “numbers”. 8k ? Are you serious ?! You don’t need a lawyer!
What discrimination is he talking about ? The fastest PRs that I have ever seen were from Philippine. Recently I was telling to my wife that IRCC likes migrants from Philippine lol
On a serious note : I would advice you to change your lawyer or just start your application without any lawyer and follow all these advices in this forum.

Good luck

Thanks. Do you know how much time from now I can do the application again?