sponsor my husband who used to live in canada nd was refused refugee

[touseef00]

hello everybody,

need help from experience ppl here. my wife nd i have been married for last 3 years nd have been living in Dubai together. we have one son who was born in canada 2 years ago.
now we r thinking about moving to canada. my wife would like to sponsor me. my situation is like this:

1) i lived in Canada from 2003 til 2006 as refugee with my family. refugee claim was declined nd left in proper manner in 2006.

2) my wife was married in 2006 by her parents they tryed to sponsor him but the reqst was decline nd she divorced him cuz things didnt work out between 2 families.

now will that be a problem if she sponsor me. its been 5 years. the lawyer told me its very difficult for our application to go triugh cuz too many reg flag.


some help nd suggestion would be much appreciated.

 

[amikety]

Your lawyer is being honest with you. This case does have a lot of red flags. That doesn't mean that it won't work, but it may be difficult.

CIC will want to see you have a genuine relationship with your wife. That will be very important because you're a failed refugee. Having a child alone is not proof for CIC. Whoever assesses your application will have to verify you are in a real relationship and didn't marry your wife just to get back to Canada. (This is sad, I know, but it has happened many times.)

Her former spouse/sponsorship will come up. I have read cases where the attemped sponsorship/former marriage played a role in denying the visa. Depending on your religion and/or your home country, CIC may also ask why you are okay with a divorced woman as your wife. This will only be a concern if divorce is taboo or illegal where you are from/in your religion.

 

[touseef00]

Hey amikety,

thank you very much for replying. much appreciated. me nd my wife we know each ofher since we were 17 so thats like 8 years now cuz we went to same high school. i m sure proving our relationship genuine will not be a problem nd we belong to same country which is pakistan. do u think we have a fair chance if we show them everything clearly or its not even worth trying? cuz the lawyer said since ur visit visa was declined 2 years ago ( i wanted to go for son's birth) if they want they cud put a life time banned on me. i m so scared dunt no what to do. i have spoken to other other lawyer all they care about is money nd dunt give true information. dunt no who to trust nd what to do.

 

[SenoritaBella]

On what grounds would they give you a lifetime ban? Does not make any sense. Try searching for more lawyers and see if you find one who is knowledgeable about the Canadian immigration programs.

 

[amikety]

Knowing each other since you were 17 won't matter much since she was previous married to someone else. You can tell CIC you were friends before (and you should mention it) but they will really care about when the relationship began. If you're both from Pakistan, are you both Muslim? You will have to explain to the VO why you felt it was okay to marry a divorced woman. You don't have to share that answer with us, just make sure you know what to say. (If neither of you is religious or carries religious traditions, that is a fine answer - only use it if it's true though!)

I cannot make a judgment on any application. All the VOs have different rules and each employer there has his or her own mind too.

If they determine the relationship is not genuine, they will deny you the PR. You will still be allowed to immigration independantly if you qualify. However, if you're caught lying, CIC can ban you for two years, so don't lie. Also, if there were any expenses related to your deportation that you didn't pay back yet, you will have to repay those before you can return (i. e., plane tickets). I'm not aware of automatic bans if a spouse's application is denied.

You will probably need to apply for Authorization to Return to Canada (ARC). You should've been given an exclusion order when you left as a failed claimant. You'll need to view the document to be sure because I have no idea what CIC was doing in 2006. Also, the ARC will delay the processing of your visa, so you cannot expect it within normal processing times.

What you should do is put together a complete application with thorough proofs you're in a genuine relationship with your wife and not for immigration purposes. Then you will need to wait, because the processing will be long. You will probably have to attend an interview (and when that time comes, you should research the interview to prepare). You will need to decide if life is better in Dubai or Canada for you. Remember, Dubai has much better pay than Canada, plus the weather is warmer too.

 

[LeisaP]

My husband was a failed refugee, and he just received his ppr. so he will be coming back to canada this week.

yeah, there will be red flags everything, because of refugee, because your wife was previously married, because she had a sponsorship denied.

Im under the impression this marriage is by choice and not arranged like your wifes previous one? which is a good thing for you too

i suggest you gather alot of quality evidence to prove you are in a serious relationship, prove every possible aspect that you can, prove how this marriage is different because its one of choice... if thats the case.. if not prove why its more seirous than her last with evidence of how long you have known eachother, yes go all the way back to when you were 17 and show evidence of your friendship and relationship.
make sure to provide evidence of everything that makes you compatible, religion, race, child together, education level, age etc.

make sure you look at why her last sponsorship was denied and make sure for your sponsorship they cant give you the same reason.

Your lawyer is right it is difficult, but its most definatly not impossible!! it will take alot of hard work and thinking of all the thigns to prove your relationship, but its definatly possible. and having a child together is a very good peice of evidence, liek they said its not merely enough by its self but its definatly a bonus point!

A denied VISITOR visa doesnt effect a sponsorship application, but i would highly suggest NOT going to canada before you get your sponsorship approved, because if you try again this could cause more problems, since you will need an arc to return.

The arc will be asked for at the end of the sponsorship once they approve everything else such as true relationship, criminalty medical etc. so dont worry about that now

I would just worry about getting your evidence together and make sure its a very strong package.

if you have any more questions feel free to ask.

 

[clark14]

hello everyone. ....can you please help me or give some information about my plan in spousal sponsorship....i promoted as supervisor last 3 months and i already recieved my working permit last week i am planning to take my common law partner and our son but i dont know how to start ... i dont have any idea when i can be able to start processing their papers...can you advice me about some pointers and guide ...i will appreciate any help

respectfully yours
clark14

 

[touseef00]

To Amikety,

yes we r both muslim nd like leisa said the first marriage was the arranged marriage nd this one is love marriage. proving our relationship genuine is not a issue for me. we have been living together we go for vacation together every year. we have bank account together. we have our wedding photos and videos. our son birthday parties photos. relatives wedding photos and so on. we can give unlimited number of proofs.
when i lived in canada we were never on welfare nd we bought our own tickets to go back to pakistan. so i dunt think i owe anything to canada in terms of money.
speaking of arc i heard from lawyer that i have to get clearance letter from rcmp. i am not sure if its the same thing what u r saying but i will definitely do some more research on that.
about Dubai its not the same as its used to be. yes there r better pay here but my wife is finding it very difficult to adjust here cuz all her friends nd family is back in canada. nd i want my son to grow up in a great country like Canada.

To Leisa,

first of congrats about ur husband. glad to hear that u will be reunited with him soon. ur post gave me alot of hope after hearing about ur husband.
i wonder on what bases my lawyer has told that cuz of denied visit visa 2 years ago ur chances of spousal sponsorship is minimum. i should definitely get a appointment with other couple of reliable lawyers. u and amikety has emphasized on one thing about showing our relationship genuine nd i m sure i wont bave any problem with that as i will give them tons of that.
i would like to ask you did u have toget any clearance letter from rcmp or arc is the same thing? does it take to long to get it?
the lawyer said if anything goes wrong they cud even take passpot from my wife this time cuz i have been denied refugee nd visit visa.

question to both of u leisa nd amikety.

if i show them solid proof of our relationship nd everything do u guys think i have a chance? if i do how long will it take from usuall application cuz normal applications r being processed in 9 months from abu dhabi office. well i know you guys cant b sure but any suggestion will be welcome.

thank you for ur time.

 

[LeisaP]

I know quite a few people that have went through the mexico office and have been denied visitor visas previously and it did not effect there sponsorship at all.

like i said the failed spousal sponsorship will be a red flag for sure, but you can most definatly over come that.

The rcmp and arc were seperate. they asked us for the ARC first than the rcmp (which is backwards most people get asked for rcmp first than the arc, so i think there was some sort of mistake made with our file) but regardless, the rcmp can take up to 3 months to get if you do it the manual way, or you can do it a faster way through a company called ottawa commisionaires but it costs about 300-400 dollars for the fee plus all the shipping costs. but its worth the extra money because it only took us 2 weeks to get it doing it that way rather than 3 months!!!

and the arc adds time to your app aswell. it is different for every visa office. some take 2 weeks some take 6 months. I know for mexico the average is about 2-4 months.

and yes i think you do have a chance if you can build a strong case. i dont know how long it will take though.

i have a roommate he is from dubai and sponsoring his wife through abu dhabi and they have been in process for 1.5 years already!!! and he said there looking at another 6-12 months before she will get approved. and he didnt have any red flags. they are same religion, family friends, it was NOT an arranged marriage, they have the same education level, same age, first marriage for both of them. theres no red flags and theres is taking quite a long time!

The only thing im not sure of is if they needed an interview or not i didnt ask him that.

 

[LeisaP]

oh and also the arc will cost $400 dollars to do. regardless of if u bought ur own tickets back home or not, but its good you did, cuz if you didnt it would be another 1500 dollars on top of the 400
.


you should try talking to a few differnt consultant or lawyers to get different prespectives, i have heard so many horror stories about lawyers its just hard to trust them. so definatly go talk to a few different ones.

 

[touseef00]

hey leisa,

thanks for all the info. i have appointment with 4 different lawyers on sunday. i will let u guys know what the have said. i will make my decision based on the information they give and take it from there. today i had a small chat on phone with one lawyer nd he said it is doable but my wife has to be residin in canada. i read on website that if u r citizen u can do it from anywhere in the world. so i dunt know on what bases these lawyers r giving these information. its driving me crazy. mayb i shud do it myself with all the reasearch online nd help from experienced ppl like u.

 

[canadianwoman]

A Canadian citizen can sponsor while living outside Canada, but it does make it more difficult because they have to prove they will go back to Canada. So you will need proof that your marriage is genuine, and proof that your wife will go back to Canada. The refused visitor visa is seen as a red flag, as is the failed refugee attempt. To counteract the refused TRV, include proof that you applied for it in order to be present at your child's birth.

 

[LeisaP]

canadianwoman is write

a canadian citizen can sponsor from anywhere in the world. but a PR can only leave canada for short visits during the sponsorship.

Im a canadian citizen and I lived with my husbands in Mexico for 1 year before our process was finalized.

 

[touseef00]

do my in laws or my wife have to show taxes nd show that they will support us? what kind of documents would i have to show that we will move to canada once i get my pr?
thanks for the replies guys. really appreciate it.

 

[amikety]

do my in laws or my wife have to show taxes nd show that they will support us? what kind of documents would i have to show that we will move to canada once i get my pr?
thanks for the replies guys. really appreciate it.

If you aren't working full time/making enough to support two people, then yes, you should ask the family to write support letters.

For proof of intent to reside in Canada you can include job searches, job offer letters, mortgage, lease, contract with a real estate agent, emails with real estate agent or mortgage broker, inquires for car insurance quotes - basically anything you would need to move as long as it's in written form. So if you email a rental office asking to view properties and they reply - you can print the conversation and send it in. Many people don't feel the need to include proof of intent to reside in Canada until it's time to actually move because they don't know how long it will take. (But this can slow the process down because CIC has to wait for you to send in the proof.)

Lastly - the yuck option - you can also try to determine when you will be near the end of processing and move back to Canada alone. Like I said, the yuck option, but it will show you want to move to Canada.... Last resort!