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Spousal Appeal- Can Spouse Still get Travel visa to come to Canada while we wait

stircrazy

Newbie
Mar 4, 2015
3
1
I've been in the process since May 2013. My husband's from New Delhi, India, and I'm Canadian born. My husband was denied PR after an interview in March 2014. We filed for appeal here in Toronto and should have our hearing about October 2015 according to CIC. The reason for denial was non-genuine marriage (I'm older and already had kids) and they think he was just trying to get to Canada. We had a 2 year relationship prior to marriage but they still say the marriage was 'rushed'. My question is, while we are awaiting the appeal can my husband still apply for a visitor's visa to come stay with us or will that jeopardize the appeal?
 

scylla

VIP Member
Jun 8, 2010
95,909
22,153
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
He can certainly try to apply for the TRV and this won't harm your application or appeal. However the chances that TRV will be refused are unfortunately extremely high.
 

stircrazy

Newbie
Mar 4, 2015
3
1
Thanks for the reply. I've heard that if he gets a US visa and then applies from the US for a Canadian tourist visa that his chances are much higher.
Is there any truth to this? I ask because he has a business that's registered in the US (LLC) and he can travel to the states at any point, but us travelling the world just to spend time with him is becoming rather expensive.

Also, if he were to register a branch of his business here in Canada, would that help in anyway? As in, could they then stop him from coming to 'check on business'?
 

scylla

VIP Member
Jun 8, 2010
95,909
22,153
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
stircrazy said:
Thanks for the reply. I've heard that if he gets a US visa and then applies from the US for a Canadian tourist visa that his chances are much higher.
Is there any truth to this? I ask because he has a business that's registered in the US (LLC) and he can travel to the states at any point, but us travelling the world just to spend time with him is becoming rather expensive.

Also, if he were to register a branch of his business here in Canada, would that help in anyway? As in, could they then stop him from coming to 'check on business'?
I doubt that applying from the US will help. If anything, it seems that applying from outside of your home country lowers the chances of approval since it's more difficult to demonstrate strong ties. However he can certainly try.

Registering a branch of his business here won't help. Yes - they can certainly stop him from coming to check on his business. Having a business here doesn't give him the right to enter Canada.