Spouse Visa Rejected 3 times, need advice

[nikhilb25]

I came to Canada in 2021 as a student and completed my studies without any breaks. Subsequently, I obtained a 3-year work permit. Unfortunately, my first attempt at applying for a spouse visa was unsuccessful, as I handled the application myself without fully understanding the importance of the required documents.

For the second attempt, I sought the assistance of a consultant who charged $1500. However, I had changed jobs during this time and had not yet received a pay stub. The consultant applied based on the new job offer, the old job offer, and paystubs. Unfortunately, the visa was rejected because there were doubts about my ability to support my wife financially.

Undeterred, I engaged a lawyer for my third attempt, paying $4000. The lawyer suggested applying for a tourist visa first and then converting it to a work permit. This strategy proved unsuccessful, and I faced a period of depression, job loss, and financial setbacks. Despite these challenges, I persevered, secured a new job, and regained stability.

Now, I am contemplating whether to apply for a spouse visa for the fourth time or to wait for a Permanent Residency (PR) application. Having been separated from my spouse for over 32 months, I am currently 35 years old, and my Comprehensive Ranking System (CRS) score stands at 482. Seeking advice on the best course of action given my circumstances.

 

[canuck78]

I came to Canada in 2021 as a student and completed my studies without any breaks. Subsequently, I obtained a 3-year work permit. Unfortunately, my first attempt at applying for a spouse visa was unsuccessful, as I handled the application myself without fully understanding the importance of the required documents.

For the second attempt, I sought the assistance of a consultant who charged $1500. However, I had changed jobs during this time and had not yet received a pay stub. The consultant applied based on the new job offer, the old job offer, and paystubs. Unfortunately, the visa was rejected because there were doubts about my ability to support my wife financially.

Undeterred, I engaged a lawyer for my third attempt, paying $4000. The lawyer suggested applying for a tourist visa first and then converting it to a work permit. This strategy proved unsuccessful, and I faced a period of depression, job loss, and financial setbacks. Despite these challenges, I persevered, secured a new job, and regained stability.

Now, I am contemplating whether to apply for a spouse visa for the fourth time or to wait for a Permanent Residency (PR) application. Having been separated from my spouse for over 32 months, I am currently 35 years old, and my Comprehensive Ranking System (CRS) score stands at 482. Seeking advice on the best course of action given my circumstances.

First of all please stop hiring these lawyers who are charging a fortune (4.5K!) for a smaller amount of work that you can do on your own. Sadly they have exploited your desperation. How long have you been married? How much time have you spent together in person? Multiple visits? Was this an arranged marriage or did you date before getting married? What is your wife’s citizenship and country does she live in? Has your wife had longterm employmentwith good pay? Does she own any property or have a lease if she lives alone? Has she travelled internationally especially countries like the US, UK, Australia, etc. In the last 5-10 years? Does she have other family in Canada? Has she applied for study, work or immigration to any country before? How much savings can she show?

What type of work permit are you on and when does it expire? Have you looked into
EE options other than FSWP or CEC? CRS requirements are very high these days so qualifying for PNP or considering moving to another province may be the best way to secure PR. Does your wife have education or language skills that will help increase your CRS score?

 

[nikhilb25]

Hi @canuck78 , I have been married since 2015, and spent all these years together until I came to Canada. She has not visited any of the countries you mentioned. we were dating since 2009. My wife has worked as a sr credit analyst with American Express since 2015. currently on lease. no family in Canada. saving we have shown in always more than what IRCC requires. my wife is working on french she is at level B2 currently and soon she will attempt TCF.

 

[canuck78]

Hi @canuck78 , I have been married since 2015, and spent all these years together until I came to Canada. She has not visited any of the countries you mentioned. we were dating since 2009. My wife has worked as a sr credit analyst with American Express since 2015. currently on lease. no family in Canada. saving we have shown in always more than what IRCC requires. my wife is working on french she is at level B2 currently and soon she will attempt TCF.

What is your wife citizenship and does she currently work for American express in that country? Is there a reason she didn’t apply to accompany you while a student? Did you visit her since you moved to Canada or has it been 32 months since you have her in person? When you say dating in 2009 is this more Western style dating where you could have proof of doing stuff stuff together just the 2 of you, going on vacation, attending social events together, etc.? Would you have pictures or other documentating your datinghistory?

 

[nikhilb25]

we both are from India and have citizenship from the same country. we have pictures of attending events together and on multiple occasions. proof of gifts and stuff. i visited once for 2 weeks in 32 months.

 

[canuck78]

we both are from India and have citizenship from the same country. we have pictures of attending events together and on multiple occasions. proof of gifts and stuff. i visited once for 2 weeks in 32 months.

When does your PGWP expire?

 

[nikhilb25]

2025 october

 

[canuck78]

2025 october

So you typically need over 6 months left on your PGWP although there seems to be a bit of flexibility given long processing times for SOWP