Spouse open work permit rejected

[Alica]

Hi . I applied for my spouse open work permit and visitor visa for my kids which got rejected stating reasons of going back and wife employment prospects as she not working back home. I found out the actual reasons of rejections as when i applied for my open work permit i mentioned that i would travel alone and have no intentions of bring my family here and the immigration Canada feels i lied to them in the first place and should have mentioned that i would bring my family here .
At that time i didn't have intentions of bringing them here which obviously changed with the passage of time and secondly they feel with two infant kids my wife wont be working here in the first place .

I would really appreciate help on this one on how to proceed further and is there any possibility of getting them a visa now or not.

Thankyou

@Bryanna
@scylla

 

[k.h.p.]

How did you find out the "real reasons" as you described them?

 

[k.h.p.]

By "some channels" do you mean you got your GCMS notes? Unless it's substantiated, you can't use that as a reason for rejection.

 

[Alica]

I just applied for the gcms notes as well.
My question primary was when I applied for my work permit I mentioned that my spouse and kids would not accompany me and now I am asking for their visa . Is this in any way a reason for rejecting their visa or sort of any credibility issues ?

 

[k.h.p.]

That's why I asked you how you found out that the visa officer's opinion was that you had lied in your applications. If that shows up in your GCMS notes, then yes, that's why.

However, it's not uncommon to list your spouse and children as unaccompanying family members and then later apply for them to join you. It happens a lot. Half the threads by Filipinos on this forum reflect that.

 

[Alica]

Well if we still do assume that’s what the visa officers think and it does end up showing in the GCMS notes as well .
There is still hope for them to get them the visa now considering I did mention they would not accompany me at that time ? Because at that time they weren’t accompanying me and hence I stated this .
Secondly for this case scenario do you recommend hiring a lawyer to handle such a case ?

 

[k.h.p.]

You at least listed them on the application, right?

What were the reasons for rejection in the letter you got?

Wait until you get GCMS. It is not against the rules for someone to change their mind about accompanying. It's common. There have been cases of non-accompanying spouses coming in the same flight as work permit holders. It's not unheard of.

 

[Alica]

Yes I did list them on my application from the first day.

Reasons for rejection :
Current family ties in country of residence and in Canada .
Employment prospects in country of residence .
Purpose of visit .

 

[k.h.p.]

Well, if you've listed them on the application from the first day, you've broken no rules. Wait for now until you get the GCMS notes and then share the visa officers notes here. I'd be very interested in seeing if the reason for rejection is as your sources in Ottawa says, because it's very very common to apply for permits for non -accompanying family afterwards.

 

[Alica]

Would definitely share the actual reasons for rejection here as well .

In the meantime would you recommend any good lawyers who can take this case forward now ?

 

[zardoz]

Would definitely share the actual reasons for rejection here as well .

In the meantime would you recommend any good lawyers who can take this case forward now ?

While a lawyer may be able to help you with a reapplication, I doubt that one would be able to appeal the visa officers reasonable decision. Having family with you is not a right.

 

[Alica]

Well is there any way forward then ?
Obviously at the time I applied I didn’t want them here before I got settled myself and hence pointed they won’t accompany me at that time which was the truth in the first place

 

[zardoz]

Well is there any way forward then ?
Obviously at the time I applied I didn’t want them here before I got settled myself and hence pointed they won’t accompany me at that time which was the truth in the first place

You keep focusing on that as "the reason" but the refusal letter has clear statements why the application was rejected...

Got it through some channels in Ottawa.

Unless these were official, documented, channels they are of no relevance. Hearsay or speculation is useless.

 

[Alica]

I understand.
So in other words there is no possibility for them getting a visa now or in the future ?

 

[k.h.p.]

Would definitely share the actual reasons for rejection here as well .

In the meantime would you recommend any good lawyers who can take this case forward now ?

You cannot appeal this decision except to apply for judicial review to the Federal Court which would be extraordinarily expensive and a very long process.

If you hire a lawyer now, you will pay $200-600+ per hour for someone to apply for your GCMS and read your application that you submitted, plus charge you for printing.

Wait for the notes. Read them. See the reasons for objection. Then reapply.

If you read the reasons for objection and feel that you need a lawyer, hire them then.

You could also give us the rundown of what you submitted with the permit and TRV application, supporting documents, and details of your spouses education and work history and those of us with too much time and too little sense can try to find the weak spot