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Spouse Served with Deportation Liability Notice in New Zealand, Can I apply for Canada PR?

Jun 26, 2018
6
0
Me and my wife lived in New Zealand for nearly 2.5 years, my wife (1 year student visa, 1 year work visa) and me( 2 years work visa based as dependent for my wife). Later on we applied work visa again with my wife as primary applicant and me as her partner. My wife’s work visa was declined as she does not meet the character requirements as she gave false and misleading information to Immigration about her previous employer. Also, it was stated that she worked excess hours (40-50 hours on a student visa where supposed to work only 20 hours) for low pay (minimum wage is $15 an hour, but she worked for $5 an hour in cash) while on student visa and also received pay by cash. She was served a deportation liability notice, which we appealed but failed. We left voluntarily without being issued any deportation order or stamp in passport. She has to serve a 5 year prohibition period before again applying for NZ. Subsequently, my work visa was also declined as primary applicant’s visa was denied. Its nearly 6-7 months since we returned to India and very recently we applied for Police Clearance of New Zealand and got it without any offense on our name.

Now we are planning to apply for Canada with me as primary applicant. Individually I have a CRS score of 447 and if I include my wife in my application our CRS score is 439. I desperately need your advice here please..

1. Now, should we apply together? Or shall I apply for just myself initially? Once I get PR, shall I sponsor her?

2. Shall i disclose that my NZ visa is declined final time or not mention anything about being declined? ( We both applied for NZ PCC after leaving NZ n received them successfully without showing any offence on our name)

3. If I don’t disclose, can Canada Visa Officer find out about my denial of New Zealand visa during background checks? Please note that I didn’t run into any trouble with Immigration. Only my visa was declined as I am secondary applicant

4. If I disclose, can I just mention work visa declined due to not meeting requirements or should I attach the visa refusal letter? Even if I had not attached, will the Canada Visa Officer usually request for the visa refusal letter from me or from Immigration NZ?

5. My visa refusal letter does not say anything about my wife’s trouble but only states that my visa is declined as my partner’s visa is declined for not meeting the requirements. Will this be OK with Canada Visa Officer or they may ask for my wife’s visa refusal letter too?

6. My wife’s visa refusal letter states all the details that she does not meet the character requirements and also provided false and misleading information to the Immigration and that she has been served with a deportation liability notice. If I present this to the Visa Officer, is there chance of me getting PR or it may affect my chances because of my wife’s visa refused and being issued a deportation liability notice, despite of me not including her in my application.

7. If I get PR n I sponsor my wife in future to Canada, as we have to disclose this in her application that her visa has been refused on above mentioned grounds, is there chance of her application to be successful? Or the Canada Visa Officer may term her as inadmissible?

8. One of my friend who has somewhat knowledge about Canada Immigration suggested me to apply together with me as primary applicant, my wife as secondary. Just mention yes to statutory question that NZ visa is refused in both applications for not meeting the requirements. Dont say anything about this in LOE or attach refusal letters. Most possibly, Visa Officer wont verify such deep as to why visa was refused or so. If we attach the visa refusal letter, there are more chances of getting rejected. Like this, we can take a chance.
Will this work? Or can the Visa Officer request Immigration NZ for more info regarding my wife?

9. If I disclose everything in my Canada profile, will my wife still be eligible as secondary applicant or will she be deemed inadmissible for being issued deportation liability notice from Immigration NZ?

Apologies for the long post, but please look into my case and please suggest accordingly.

Your advice is very much appreciated..

Thank You
 

musicholic

Hero Member
Apr 19, 2018
201
61
No, i can apply individually too. I can choose married but i can apply without including my wife in the application. After getting PR, i can sponsor her
Would not recommend you to do that as for sponsorship you need to present 1 year of payslips from Canadian employer and all that.
 

musicholic

Hero Member
Apr 19, 2018
201
61
I won't be answered individual questions. However, my point is that if your NZ application was rejected then it must be on the system. And every country's immigration officer has access to a person's historical background record (he/she can just enter in your passport number and your entire history will flow out). Hence, I would not recommend lying or doing anything to conceal information. Just provide a LOE with your application to make the person understand your entire NZ incident better and leave the decision upto him.
 

medwiz

Hero Member
May 25, 2014
542
189
43
Me and my wife lived in New Zealand for nearly 2.5 years, my wife (1 year student visa, 1 year work visa) and me( 2 years work visa based as dependent for my wife). Later on we applied work visa again with my wife as primary applicant and me as her partner. My wife’s work visa was declined as she does not meet the character requirements as she gave false and misleading information to Immigration about her previous employer. Also, it was stated that she worked excess hours (40-50 hours on a student visa where supposed to work only 20 hours) for low pay (minimum wage is $15 an hour, but she worked for $5 an hour in cash) while on student visa and also received pay by cash. She was served a deportation liability notice, which we appealed but failed. We left voluntarily without being issued any deportation order or stamp in passport. She has to serve a 5 year prohibition period before again applying for NZ. Subsequently, my work visa was also declined as primary applicant’s visa was denied. Its nearly 6-7 months since we returned to India and very recently we applied for Police Clearance of New Zealand and got it without any offense on our name.

Now we are planning to apply for Canada with me as primary applicant. Individually I have a CRS score of 447 and if I include my wife in my application our CRS score is 439. I desperately need your advice here please..

1. Now, should we apply together? Or shall I apply for just myself initially? Once I get PR, shall I sponsor her?

2. Shall i disclose that my NZ visa is declined final time or not mention anything about being declined? ( We both applied for NZ PCC after leaving NZ n received them successfully without showing any offence on our name)

3. If I don’t disclose, can Canada Visa Officer find out about my denial of New Zealand visa during background checks? Please note that I didn’t run into any trouble with Immigration. Only my visa was declined as I am secondary applicant

4. If I disclose, can I just mention work visa declined due to not meeting requirements or should I attach the visa refusal letter? Even if I had not attached, will the Canada Visa Officer usually request for the visa refusal letter from me or from Immigration NZ?

5. My visa refusal letter does not say anything about my wife’s trouble but only states that my visa is declined as my partner’s visa is declined for not meeting the requirements. Will this be OK with Canada Visa Officer or they may ask for my wife’s visa refusal letter too?

6. My wife’s visa refusal letter states all the details that she does not meet the character requirements and also provided false and misleading information to the Immigration and that she has been served with a deportation liability notice. If I present this to the Visa Officer, is there chance of me getting PR or it may affect my chances because of my wife’s visa refused and being issued a deportation liability notice, despite of me not including her in my application.

7. If I get PR n I sponsor my wife in future to Canada, as we have to disclose this in her application that her visa has been refused on above mentioned grounds, is there chance of her application to be successful? Or the Canada Visa Officer may term her as inadmissible?

8. One of my friend who has somewhat knowledge about Canada Immigration suggested me to apply together with me as primary applicant, my wife as secondary. Just mention yes to statutory question that NZ visa is refused in both applications for not meeting the requirements. Dont say anything about this in LOE or attach refusal letters. Most possibly, Visa Officer wont verify such deep as to why visa was refused or so. If we attach the visa refusal letter, there are more chances of getting rejected. Like this, we can take a chance.
Will this work? Or can the Visa Officer request Immigration NZ for more info regarding my wife?

9. If I disclose everything in my Canada profile, will my wife still be eligible as secondary applicant or will she be deemed inadmissible for being issued deportation liability notice from Immigration NZ?

Apologies for the long post, but please look into my case and please suggest accordingly.

Your advice is very much appreciated..

Thank You
Wow that is a seriously long post for essentially one question

Do not lie on ur application..simple

Inadmissablity is something else...criminality ror medical reasons... getting a visa refused does not make u a criminal
 

hope2018

Champion Member
Mar 14, 2018
1,304
591
Me and my wife lived in New Zealand for nearly 2.5 years, my wife (1 year student visa, 1 year work visa) and me( 2 years work visa based as dependent for my wife). Later on we applied work visa again with my wife as primary applicant and me as her partner. My wife’s work visa was declined as she does not meet the character requirements as she gave false and misleading information to Immigration about her previous employer. Also, it was stated that she worked excess hours (40-50 hours on a student visa where supposed to work only 20 hours) for low pay (minimum wage is $15 an hour, but she worked for $5 an hour in cash) while on student visa and also received pay by cash. She was served a deportation liability notice, which we appealed but failed. We left voluntarily without being issued any deportation order or stamp in passport. She has to serve a 5 year prohibition period before again applying for NZ. Subsequently, my work visa was also declined as primary applicant’s visa was denied. Its nearly 6-7 months since we returned to India and very recently we applied for Police Clearance of New Zealand and got it without any offense on our name.

Now we are planning to apply for Canada with me as primary applicant. Individually I have a CRS score of 447 and if I include my wife in my application our CRS score is 439. I desperately need your advice here please..

1. Now, should we apply together? Or shall I apply for just myself initially? Once I get PR, shall I sponsor her?

2. Shall i disclose that my NZ visa is declined final time or not mention anything about being declined? ( We both applied for NZ PCC after leaving NZ n received them successfully without showing any offence on our name)

3. If I don’t disclose, can Canada Visa Officer find out about my denial of New Zealand visa during background checks? Please note that I didn’t run into any trouble with Immigration. Only my visa was declined as I am secondary applicant

4. If I disclose, can I just mention work visa declined due to not meeting requirements or should I attach the visa refusal letter? Even if I had not attached, will the Canada Visa Officer usually request for the visa refusal letter from me or from Immigration NZ?

5. My visa refusal letter does not say anything about my wife’s trouble but only states that my visa is declined as my partner’s visa is declined for not meeting the requirements. Will this be OK with Canada Visa Officer or they may ask for my wife’s visa refusal letter too?

6. My wife’s visa refusal letter states all the details that she does not meet the character requirements and also provided false and misleading information to the Immigration and that she has been served with a deportation liability notice. If I present this to the Visa Officer, is there chance of me getting PR or it may affect my chances because of my wife’s visa refused and being issued a deportation liability notice, despite of me not including her in my application.

7. If I get PR n I sponsor my wife in future to Canada, as we have to disclose this in her application that her visa has been refused on above mentioned grounds, is there chance of her application to be successful? Or the Canada Visa Officer may term her as inadmissible?

8. One of my friend who has somewhat knowledge about Canada Immigration suggested me to apply together with me as primary applicant, my wife as secondary. Just mention yes to statutory question that NZ visa is refused in both applications for not meeting the requirements. Dont say anything about this in LOE or attach refusal letters. Most possibly, Visa Officer wont verify such deep as to why visa was refused or so. If we attach the visa refusal letter, there are more chances of getting rejected. Like this, we can take a chance.
Will this work? Or can the Visa Officer request Immigration NZ for more info regarding my wife?

9. If I disclose everything in my Canada profile, will my wife still be eligible as secondary applicant or will she be deemed inadmissible for being issued deportation liability notice from Immigration NZ?

Apologies for the long post, but please look into my case and please suggest accordingly.

Your advice is very much appreciated..

Thank You
One very simple answer to your very lengthy post, do not lie about it, sorry to be harsh, but that experience in NZ should be taken as a lesson learnt and those mistakes should not be repeated.
.
DO NOT even think about hiding it. Be truthful about everything, your side of things can be stated in a LoE and since NZ PCC is clean, it should help your case. But again you need to mention it in your application.

Regarding whether you should apply with spouse accompanied or not, it is your personal choice. If you do as non-accompanied you will have to sponsor spouse later.
 

manmeet12

Full Member
Mar 2, 2018
24
5
Hii . . . Bharat chowdhary ..Can u please tell me the procedure how to get nz pcc from india . . . Thanks in advance . . .
 
Jun 26, 2018
6
0
I won't be answered individual questions. However, my point is that if your NZ application was rejected then it must be on the system. And every country's immigration officer has access to a person's historical background record (he/she can just enter in your passport number and your entire history will flow out). Hence, I would not recommend lying or doing anything to conceal information. Just provide a LOE with your application to make the person understand your entire NZ incident better and leave the decision upto him.
Thank You
 
Jun 26, 2018
6
0
One very simple answer to your very lengthy post, do not lie about it, sorry to be harsh, but that experience in NZ should be taken as a lesson learnt and those mistakes should not be repeated.
.
DO NOT even think about hiding it. Be truthful about everything, your side of things can be stated in a LoE and since NZ PCC is clean, it should help your case. But again you need to mention it in your application.

Regarding whether you should apply with spouse accompanied or not, it is your personal choice. If you do as non-accompanied you will have to sponsor spouse later.
Thanks mate, will do accordingly..
 

ahmao

Hero Member
May 29, 2018
249
52
China
Category........
FSW
Visa Office......
HKVO(maybe)
AOR Received.
01052018
Med's Done....
09052018
I won't be answered individual questions. However, my point is that if your NZ application was rejected then it must be on the system. And every country's immigration officer has access to a person's historical background record (he/she can just enter in your passport number and your entire history will flow out). Hence, I would not recommend lying or doing anything to conceal information. Just provide a LOE with your application to make the person understand your entire NZ incident better and leave the decision upto him.
Hi I strongly agree with you about not lying.
However I am curious about your opinion on immgration officer who has access to a person's entire background record. Is it because both Canada and NZ are commonwealth countries? Do you have any detail understanding about this or you just assumed?

I do not think immgration officers in any country has that kind of power to inspect a person's life like that. Again, that's my opinion. Correct me if I am wrong.
 

surishruti

Member
Feb 15, 2019
18
6
Suggest you discuss this with @legalfalcon if he has time. You can apply individually and take your wife on dependent/super visa. Later when you have a job and payslips, can sponsor your wife's PR. If PCC has no offense, that should be enough. However you should declare that you applied and were declined. The CRS cutoff is at 450. 447 gives you the best chance
Why would you settle for 439 and wait forever for the cut off to drop low?