Thought we had a solid application... what went wrong?

[HarkiranKaur]

I am a currently serving member of the Canadian Forces, and in a relationship last few years with an Indian National who I am marrying IN INDIA in September (Sep 7th) I invited my fiance to Canada to meet my Mother as she can not travel to India for the wedding due to her health. So only way she can meet him is him coming here. She cant be expected to just accept me maryring someone she has never met in person. So we took all precaution when applying for his visitor Visa. I believe we successfully proven he wont overstay by providing:

1. A copy of my signed Canadian Forces leave pass, which shows HIS ADDRESS as my lcoation on leave in Aug/Sep. This is signed by my Commanding Officer and in notes states it is for my own wedding. This ia a lgeal government document.
2. Copy of my plane tickets for Aug/Sep trip.
3. Letters from his volunteer organizations stating he MUST be back in India in June because he is heading up a youth hostel camp, and another organization he is actually the CEO of (SAVE).
4. Letter from his employer which is a government coorp in India NHPC (National Hydro Power Coorp) stating he must return.
5. Copies of his assets in India
6. Copies of my asstes in Canada
7. His dependent Mother in India whom he lives in joint family situation with
8. my Invitation letter also stating that once done in military in 2 years I will actually be the one living most of the lyear in India
9. Bank statements from both of us
10. utility bills, passport etc from me and also my past Indian Visas with his address as my location during stay there to show validity of our relationship going back several years.
11. Proof he has travelled abroad from India before (Thailand) and returned to India.

He submitted his application through an immigration lawyer in Delhi vice applying on his own to better his chances.

The above, shows that since I will be in India in Aug he will definitely NOT be overstaying a visitor Visa. That wasn't the reason anyway that they gave. The reason for rejection was that they weren't clear on the 'Purpose of His Visit'

Now in my invitation letter I VERY CELARLY stated that my Mother is unable to attend our wedding in India due to her health and this is the only way for her to meet him prior to my marrying him. I can't expect her to just accept my marrying a man she has not even met once in person. I also stated to CIC that he would be speaking at the local Sikh Temple here (we are both Sikh) since he speaks a lot on Sikh history in India. And I also put that there would be some sight seeing while here. But I was VERY VERY clear and in point form on the Invitation letter to CIC the above reasons. He also echoes the exact same in his cover letter.

He immediately went to a higher reputed firm same day (yesterday) and submitted appeal straight away. He spent close to 3000.00 CDN for this firm who said that his case should be easy to win. However we are now worried about the timing.

My Mother is on a fixed income and has been saving for a family party for May 01. Since my family wont be able to go to India, this was her way of including our side in the marriage of myself and him. She saved and spent quite a bit on this and won't be able to recoup the losses. If he can't make it for the party which wa sin his honor... she cant reschedule it. Family from away were coming to this and we won't be able to do this later.

The new firm told him remain in Delhi and ready to go on a moment's notice as soon as they get the visa approved and they expect it to be 100% chance. I guess the original lawyer did not have experience in visitor visas - only actual immigration and so he wasn't clear in the submission or something. But now we have only till 29th at the latest to get him approved and Visa in hand, if he will make it here for May 1st for the party.

My questions are:

1. What are they looking for as 'Purpose of Visit'? How could I not have been clearer? Is this my fault? Should I have written something different as the purpose of his visit?
2. They said nothing about him being a risk for overstay so we are not worried about that. The new firm has also said all his documentation supports a strong case that he will not overstay. The only reason they gave was not clear enough on purpose of visit.
3. Using this high profile firm, what do you think is the quickest we can get the appeal approved / won? Is there ANY chance it will be approved by the 29th so he can board a flight 29th evening and arrive here on the 30th?
4. Is there anything else I can do as sponsor? Can I phone CIC myself and explain anything to them? Would that help?

Obviously anything we need to do has to be done VERY quickly! Please any advice appreciated. This is causing hardship on my MOm she is distraught after putting so much into a party for the family to all meet him including members from away. She and I were both up all night crying last night. My fiance is distraught as well as he now realizes he should have applied for the Visa sooner than he did in order to give time for appeals etc. Being a government employee myself are there ANY avenues I can take that will expedite this process??

I have given 18.5 years of my life to the Canadian Government through my service to my country... and in my letter of invitation I evan stated this, and that I was please asking them to consider the human aspect of this and approve him as we are hiding nothing of our future intentions to marry etc. and only want to approach this in the appropriate way. I guess my heartfelt invitation letter was maybe not even read....

 

[OhCanadiana]

Sorry to hear that

Do you have a copy of the application the lawyer actually submitted? Your post here is very clear so I surmise your cover letter was similarly clear. Question is what your lawyer may edited or whether this was simply a mistake on CIC's part.

At this point, I would reach out to your MP and ask for their help/intervention. They should be able to contact the program manager for the Embassy in India (MPs have access to their phone numbers), explain the situation, and ask them to reconsider the case. Program Managers can reopen the case.

 

[HarkiranKaur]

I have sent an email to my MP... I do alot of volunteer work in the community, and also was in the media recently for paving the way for female Sikhs in the military to tie turban in uniform, so I am kind of known. I was supposed to have a photo OP with Minister Tim Uppal in Nov but it was cancelled due to the two military members being murdered and we weren't supposed to be in uniform in public for awhile afterward. But even Tim Uppal knows who I am. So I explained everything in the email, but I hope they get it quickly... because we have only one week total for him to have visa in hand, and be on the plane. (We initially applied in March). I told them how my Mom's health is very bad and she can not come for the wedding and this might be the *only* chance to meet him at all, let alone prior to the wedding. I am also an only child, so this is doubly devestating to my MOm who is worried she (and the family) wont get to be part of my marrige at all.

He has all the original documents that were submitted but I dont know if the lawyer had changed anything on the cover letter or not. This new law firm guaranteed he will get the visa, and that they are changing a few things... they better be successful for 3000.00 CDN. But it's the timing we are worried about.

This should have been an easy application with the entent of documentation we supplied and I *thought* I was clear in the invitation letter on the purpose of his visit. I even wrote the invitation letter in government memorandum format (professionaly recognized by employees working for Canadian government). They know I am also a government employee. I even quoted the proper references "Canada Immigration and Refugee Protection Act" down to the paragraphs that support the visa application.

So how can they claim that we werent clear on the purpose of his visit??

 

[HarkiranKaur]

Here is my actual scanned invitation letter and you can see I was VERY clear!


s3.postimg.org/mvm9c77rn/letter1.png

s10.postimg.org/cofh1fhmh/letter2.png

s29.postimg.org/6re4uwzk7/letter3.png

s22.postimg.org/3qrg79h69/letter4.png

 

[scylla]

FYI - the "purpose of visit" refusal reason is CIC's way of saying they are concerned he is coming to Canada for more than just a visit. So it's not that your letter wasn't clear - it's that CIC believes he has other intentions. I would have placed a lot less focus on your relationship and your upcoming marriage in the application - these demonstrate ties to Canada and may be what caused CIC to become concerned about an overstay.

 

[HarkiranKaur]

But why would he overstay, when I am going to India in August? I gave them my signed leave pass... so what do they think, he will stay here and I will go to India to his place to get married by myself?? I gave absolute proof he will not overstay! Signed by a high ranking military officer. We also did not want to hide anything that would maybe hurt PR application later on. He also provided proof that the marriage has already been planned in India... hall booked etc. So that's just silliness... (moronic more like it). Are these people Candaians or Indians working in the CIC there??

The TV show Border Security always says do NOT hide relationship and that Canada will not try to keep valid relationships apart. And that omitting something now could hurt us later on. So the purpose of the visit is very specific, my MOm needs to meet him prior to me marrying him. Without that purpose in the letter, its just a normal tourist application, and vast majority of those are rejected, and we'd also lose the proof I sent that I will be in INdia in only a few months.

If they were worried about overstay, would they not have stated that as the reason for rejection? They did not mention that or finances etc at all.. just purpose of visit. Maybe I should have only had one purpose and not added that we would also do some sight seeing, or that he wanted to present the GUrdwara something here?

Anyway I wrote email to my MP and I have ties to the party that the MP is. So hoping they get the email sooner than later.

 

[OhCanadiana]

But why would he overstay, when I am going to India in August? I gave them my signed leave pass... so what do they think, he will stay here and I will go to India to his place to get married by myself?? I gave absolute proof he will not overstay! Signed by a high ranking military officer. We also did not want to hide anything that would maybe hurt PR application later on. He also provided proof that the marriage has already been planned in India... hall booked etc. So that's just silliness... (moronic more like it).

Sometimes it's luck of the draw with the Officer you get to review the case and the day. Unfortunately, you're also facing people reviewing the case who have been 'burned before' and are thus shier (more cautious) about approving applications. That being said, please don't over think every little bit of the application you already sent in. The only way to eventually know their concern is either through your MP or to request the case notes, which takes weeks (so you don't have time to really know). Try to put that energy into finding someone who can reach someone in India and can get them to take another look as that is the only way.

Are these people Candaians or Indians working in the CIC there??

A combination of Locally Engaged Staff (Indians) and Canadians

The TV show Border Security always says do NOT hide relationship and that Canada will not try to keep valid relationships apart. And that omitting something now could hurt us later on. So the purpose of the visit is very specific, my MOm needs to meet him prior to me marrying him. Without that purpose in the letter, its just a normal tourist application, and vast majority of those are rejected, and we'd also lose the proof I sent that I will be in INdia in only a few months.

If they were worried about overstay, would they not have stated that as the reason for rejection? They did not mention that or finances etc at all.. just purpose of visit. Maybe I should have only had one purpose and not added that we would also do some sight seeing, or that he wanted to present the GUrdwara something here?

Anyway I wrote email to my MP and I have ties to the party that the MP is. So hoping they get the email sooner than later.

Call your MP. You really want to make sure someone sees the e-mail today and try to get them to get the ball rolling...

 

[HarkiranKaur]

I just called and they said they completely understand my situation. I was told if they can do anything at all they will. They just don't know if it will expeditite the process time wise or not. But one of the MP staff here are very versed with immigration and has 15+ years experience.

 

[HarkiranKaur]

Oksay so I spoke to the MP office and they said the most they can do is send an email to the CIC office there explaining that they understand his application was resubmitted, and they *hope* that CIC will follow the proper procedure and approve him since my ill Mother and I (both their constituents) are expecting him here in Canada so she can meet him prior to our wedding in India, because due to her health she is unable to travel to India for the wedding. I don't know if that will help or not. This new firm he has hired has stated they will not take on cases they don't think they can win. They are the highest rated in India, and showed him recent cases they have won, which were far more complicated than his. They said his is straight forward, we have provided more than enough proof he won't overstay, and they are confident he will have the Visa stamped passport in his hand in next 8-10 working days. He has paid these guys 3000 CDN for their services and they are highly repitable and concerned about their image so they wouldn't have taken him on if they didnt think they would win. Expensive Visa though in the end! I only had to pay 130.00 for my Visa to India and 60.00 of that was courier fees for both ways to and from Toronto. Actual Visa fee was only 74.90 CDN! I had my India Visa for the August trip back in my hand four days after sending it from Halifax to Toronto! And I only had to provide the application, and my passport! Though for reference I did include copies my previous India Visas which were on my old passport. But none of my India Visas took more than 7 days, and no scrutinizing at all! It doesn't seem fair.

I realize that a lot of Indians have tried to illegally immigrate, and because of this, genuine applications like my fiance get rejected because they now suspect nearly everyone of trying to fraud them. I work for the Canadian Government though... I gave them 18.5 years of my life, and will give them till my full 20 years in the Canadian Forces. I just hope the Canadian Government will do this one thing for me in return....

 

[dbss]

Following is my personal opinion:

I think your rejection is stemming from the dual intent clause of Visitor visa.

http://www.cic.gc.ca/english/resources/tools/temp/visa/dual.asp

Although it says that is acceptable to have dual-intent but I think this is what may have caused the denial. It is always good to provide as much information as possible but in your case it felt like you two are going to marry for sure and he is going to immigrate to Canada for sure maybe now, maybe later or maybe never. If given a visa to Canada, what is stopping the person from returning back to India? After all he is going to marry you and start a family and life either in India or in Canada (this is the VO thinking).

The best way to confirm is to get GCMS notes for your file from the VO but it will take 30 days to arrive.

 

[HarkiranKaur]

He's not staying. I dont understand how they can think he will overstay. Since I provided legal paperwork that shows I will be at HIS address in India in only August!

But yes, in the future... he will have PR status as my spouse. We are not hiding the fact that we are marrying in the fall in India. It's my RIGHT to marry who I want, and it's our right for him to be able to come to Canada as my spouse once we do, so why would they try to stop a valid relationship from happening? As it happens I am the one who is going to move to India majority of the year, though we planned to go back and forth as I will have my pension and he also does prject based work in India so we have enough to sustain us moving both places so we can spend time with both families.

The burden of proof as I understand it, is that on a visitor visa that he will not overstay on THIS visa regardless of future intentions... and we have prooven that. That clause seems to support this as well:

A22(2) states “An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay.” And we have proven through a multitude of documents that he will leave long before the TRV expires because I am going back to his place in August. He would actually be going back long before I go there, because he has planning to do for our wedding! Hes only planning to stay here a few weeks.

I was very clear that the primary purpose of visit is so my Mom who is ill can meet him (I mean really would they want their own daughter trapsing off to marry someone they never met even once?) because she can not travel to India even for the marriage due to her ill health.

Anyway fingers crossed that the law firm will be able to get it approved. If not, I will go to Chandigarh myself in August (as a Canadian Citizen) and chew them out and say SEE I TOLD YOU!