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SPOUSE TRV REJECTION

At2

Member
May 6, 2020
18
3
Asking a hypothetical question. When a TRV application is rejected for a spouse who's PR application is in process (no air recieved yet). Reason for rejection is agent might not be convinced that applicant will leave Canada. My question is, if the applicant doesn't leave Canada would that not affect the PR Spousal application? And if so, why would the sponsor or applicant take the risk of getting their PR application affected due to overstay? Would that not be a "incentive" for person to leave?
 

scylla

VIP Member
Jun 8, 2010
95,833
22,109
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
Asking a hypothetical question. When a TRV application is rejected for a spouse who's PR application is in process (no air recieved yet). Reason for rejection is agent might not be convinced that applicant will leave Canada. My question is, if the applicant doesn't leave Canada would that not affect the PR Spousal application? And if so, why would the sponsor or applicant take the risk of getting their PR application affected due to overstay? Would that not be a "incentive" for person to leave?
No, this won't impact the PR spousal application in any way. If someone gets a TRV approved, there is nothing stopping them from coming to Canada and remaining there until the outland application is finalized. So there is no incentive for a person to leave.
 

jweekend

Champion Member
Dec 13, 2019
1,280
224
Asking a hypothetical question. When a TRV application is rejected for a spouse who's PR application is in process (no air recieved yet). Reason for rejection is agent might not be convinced that applicant will leave Canada. My question is, if the applicant doesn't leave Canada would that not affect the PR Spousal application? And if so, why would the sponsor or applicant take the risk of getting their PR application affected due to overstay? Would that not be a "incentive" for person to leave?
Since the applicant has intentions to stay in Canada permanently, it does not meet the requirements of the trv.
 

At2

Member
May 6, 2020
18
3
No, this won't impact the PR spousal application in any way. If someone gets a TRV approved, there is nothing stopping them from coming to Canada and remaining there until the outland application is finalized. So there is no incentive for a person to leave.
Would it be best to apply again with dual intent?
 

canuck78

VIP Member
Jun 18, 2017
55,587
13,518
Would it be best to apply again with dual intent?
Given hertemporary sporadic employment and no savings what would be the reason for her return? There isn’t any thus the problem. Flights can be cancelled so prove nothing.
 

raj90

Star Member
Oct 16, 2016
155
15
@scylla my wife sowp extension is also rejected and our PR application is in progress, she is inland and currentlyvout of status, can we apply trv while waiting for pr approval??
 

scylla

VIP Member
Jun 8, 2010
95,833
22,109
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
@scylla my wife sowp extension is also rejected and our PR application is in progress, she is inland and currentlyvout of status, can we apply trv while waiting for pr approval??
If she is out of status, then applying for a TRV won't help in any way and won't put her back in status.

When did she fall out of status? She should apply to restore her status.
 

raj90

Star Member
Oct 16, 2016
155
15
If she is out of status, then applying for a TRV won't help in any way and won't put her back in status.

When did she fall out of status? She should apply to restore her status.
26 jan,we were not told by representative earlier
 

scylla

VIP Member
Jun 8, 2010
95,833
22,109
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
26 jan,we were not told by representative earlier
Jan 26 this year (2021) I assume?

She should apply to restore her status.
 

raj90

Star Member
Oct 16, 2016
155
15
Yeah this year, we are going to apply that, i am PA in our EE FSW application, will it affect anyhow or delay our application?