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TRV Denied AGAIN! :( :( :(

Feb 21, 2014
21
2
Canada
Category........
Visa Office......
Pretoria, South Africa
Job Offer........
Pre-Assessed..
App. Filed.......
05-12-2013
AOR Received.
01-01-2014
Med's Done....
23-09-2013
Passport Req..
06-06-2014
If anyone can offer any advice or suggestions on how we can prove "dual intent" specific to our case so my husband can come visit for our 1-year anniversary, we would really appreciate it....

So I live in Canada and my husband was born and lives in South Africa. We met August 2012, he applied for TRV, was approved and left within visa expiration when we were 'friends'/'dating'. We then married on July 1, 2013 in South Africa.

We have submitted our application for sponsorship, which was received on December 5, 2013. I was approved as a sponsor on January 9, 2014 and have my own UCI number now too.

Since September 2013, we have applied for a TRV - on four occasions now. First two were in August 2013, one in September 2013 and one this month, February 2014. The first 3 were denied given the length of time we were requesting the visa - ranging from 6 months to 2 months. We provided all documentation and were denied because the officer did not believe my husband would leave Canada. Ok, the initial 3 denial decisions were understandable given we had not yet submitted our application for sponsorship and how much time we were requesting for the visa. However he showed he had enough money, a letter from his employer approving the extended leave of absence and that he would return to work upon coming back to South Africa. MOST IMPORTANTLY, he demonstrated strong ties to his 6-year old son (paying regular maintenance, 50% shared access, indicating we developed a parenting plan for his future move to Canada, etc).

NOW, with this last TRV application, we only asked for 9 days together in Canada to celebrate our 1-year anniversary over July 1, 2014.

We provided:
- bank statements for 3 months + $5000 CAD in savings to be used
- letter from employer
- 3 months of pay stubs
- flight confirmation
- letter of invitation from me (detailing my Canadian Citizenship, address, work info, etc) WHICH INCLUDED MY UCI NUMBER that approved me as a sponsor for our Family Class Sponsorship Application
- proof of medical assessment for sponsorship
- cover letter from him, whereby he indicates returning to work and to resuming care for his son while he awaits Sponsorship response
- all required application forms, passport photos, etc

This time we were denied because we did not show dual intent "as required by A22(2). We provided confirmation of his medical assessment and my UCI number (different then my husband’s UCI number and granted to me when I was approved as a sponsor). How in the world did we not show our application was under “dual intent”???

How can the Canadian government do this to us knowing it will take us nearly 2 years before we can even live together? We just want to visit! And I can't keep traveling his side (I also have a son - 11 years old) all the time (although I will if we can't get this approved). We just want 9 days together! Sheesh... why is this so difficult :(

Any thoughts anyone? Can we take this further?
 

user828

VIP Member
Apr 2, 2012
3,439
82
Vancouver
Category........
Visa Office......
New Delhi ( Parents Sponsorship )
App. Filed.......
19-10-2017
AOR Received.
01-12-2017
PatientlyWaitingSpouse said:
If anyone can offer any advice or suggestions on how we can prove "dual intent" specific to our case so my husband can come visit for our 1-year anniversary, we would really appreciate it....

So I live in Canada and my husband was born and lives in South Africa. We met August 2012, he applied for TRV, was approved and left within visa expiration when we were 'friends'/'dating'. We then married on July 1, 2013 in South Africa.

We have submitted our application for sponsorship, which was received on December 5, 2013. I was approved as a sponsor on January 9, 2014 and have my own UCI number now too.

Since September 2013, we have applied for a TRV - on four occasions now. First two were in August 2013, one in September 2013 and one this month, February 2014. The first 3 were denied given the length of time we were requesting the visa - ranging from 6 months to 2 months. We provided all documentation and were denied because the officer did not believe my husband would leave Canada. Ok, the initial 3 denial decisions were understandable given we had not yet submitted our application for sponsorship and how much time we were requesting for the visa.
This refusal is pretty common while sponsorship is in process, very tough to get visa for visit as seen by various other cases. I know the wait is too long ( see Islamabad Office - 32 months and they have same issue ) so ideally best to wait till sponsorship is over

Officer simply doesn't believe he will leave at end of trip
 

steaky

VIP Member
Nov 11, 2008
14,784
1,754
Job Offer........
Pre-Assessed..
Can't you bring your son with you to South Africa during the summer holidays? Since you are Canadian, you can also choose to stay in SA until your husband get his visa.

BTW, your husband does not need to show the flight confirmation unless VO request. Just a waste of money if TRV is denied!
 

TorontoEH

Star Member
Feb 8, 2014
111
2
Category........
Visa Office......
Pretoria
Job Offer........
Pre-Assessed..
App. Filed.......
Feb 18, 2014
AOR Received.
Mar 29, 2014
File Transfer...
Apr 16, 2014
Med's Done....
Jan 7, 2014
I can relate to the frustration, I am also South African and can appreciate the process to get a visa for any country. I think i possibly had the benefit of having a number of other Visa's along with significant travel over the last 10 years. I just received a new TRV but i am not currently residing in SA and mine went via the Kingston VO.

What is your husbands travel history? Visa status i.e. does he have other visas? The other issue now is that he has been refused a number of times which i believe makes it more difficult to get approval in addition to the obvious sponsorship application.
 
Feb 21, 2014
21
2
Canada
Category........
Visa Office......
Pretoria, South Africa
Job Offer........
Pre-Assessed..
App. Filed.......
05-12-2013
AOR Received.
01-01-2014
Med's Done....
23-09-2013
Passport Req..
06-06-2014
@steaky: Yes, I have brought my little guy but it is also costly. It costs so much less for him to travel to Canada than me to travel to South Africa.

@TorontoEH: He has only ever traveled out of SA once before and that was to visit me (as his "friend" when we were dating). He was approved for 6 month visa but only came for 6 weeks. He left within the 6 weeks.

We are going to try one more time after speaking to our MP's office. They will provide a supporting letter, we will get all our documents notarized and will really DETAIL all the reasons why he MUST return. We really hope this works... We understand there needs to be a process in place but 21 months is too long for a couple to endure.

Wish us luck!
 

nadia601

Star Member
Apr 1, 2012
74
3
I hop so. this was my 3rd application after two rejection same month.
will update you as soon as i send my passport.
 
Feb 21, 2014
21
2
Canada
Category........
Visa Office......
Pretoria, South Africa
Job Offer........
Pre-Assessed..
App. Filed.......
05-12-2013
AOR Received.
01-01-2014
Med's Done....
23-09-2013
Passport Req..
06-06-2014
Hi Nadia - did you apply for a TRV for your spouse? As canmart said, you likely did get approved :D
 

APAK

Hero Member
Nov 7, 2012
377
5
Calgary
Category........
Visa Office......
Ottawa/islamabad
Job Offer........
Pre-Assessed..
App. Filed.......
OCT 2012
File Transfer...
Transferred to ottawa in Nov 2012,transferred to ISB july 2013
LANDED..........
cannot wait!!
Hi!! I am living in yemen. Pakistani national and want to know how to prove dual intent to visa officer?i am applying trv online.

Yemens trv applications r processed in Abu Dhabi embassy and biometrics r given there too. Now, my question is when to give the biometric? Right when I apply? Or when they request my passprt( in case of stamping visa) ..

Cz I don't want to waste money on an air ticket right now ,I don't even know if they r Gina accept my application.

What do I do?
 
Feb 21, 2014
21
2
Canada
Category........
Visa Office......
Pretoria, South Africa
Job Offer........
Pre-Assessed..
App. Filed.......
05-12-2013
AOR Received.
01-01-2014
Med's Done....
23-09-2013
Passport Req..
06-06-2014
From what I understand, seems you must pay for the biometric within 30 days of submitting a TRV application. However, you can pay also just pay for it the same time when you pay to process the TRV application.

If the VO officer says you have not shown dual intent, it likely means you have not shown that you will return to the country of origin at the end of the visit to Canada. We have experienced trouble showing this in the past... so we submitted a few extras this 5th time around (which is also our last time trying):
- letter from employer (salary, duties, # of weeks of paid vacation + allowable time off for visit)
- pension fund he has earned and can collect after he leaves work (which shows he has not yet exhausted this amount and will collect prior to permanently leaving his country)
- signed letter + emails from communication with his son's mother, agreeing to a plan of care of their son while he is away for 9 days only
- court ordered agreement of support for his son
- financial statements
- pay stubs
- notarized letter of explanation from, explaining why he must return (to finalize parenting agreement, he does not, at any cost, wish to negatively impact our sponsorship application in process, he MUST find sustainable and dependable employment which is something he can only do IF he comes to Canada with his PR)
- invitation letter from me
- supporting letter from my Member of Parliament
- passport
- previous visa to Canada (showing he came and left within time)
- flight itinerary (although I don't believe this is necessary I don't know what else you can include in its place)
- marriage certificate showing we wish to celebrate our 1-year wedding anniversary (on Canada Day too!)

I'll let you know if all of this worked... our MP's office provided great guidance in advising what we should write too.

Please wish us luck!
 

APAK

Hero Member
Nov 7, 2012
377
5
Calgary
Category........
Visa Office......
Ottawa/islamabad
Job Offer........
Pre-Assessed..
App. Filed.......
OCT 2012
File Transfer...
Transferred to ottawa in Nov 2012,transferred to ISB july 2013
LANDED..........
cannot wait!!
PatientlyWaitingSpouse said:
From what I understand, seems you must pay for the biometric within 30 days of submitting a TRV application. However, you can pay also just pay for it the same time when you pay to process the TRV application.

If the VO officer says you have not shown dual intent, it likely means you have not shown that you will return to the country of origin at the end of the visit to Canada. We have experienced trouble showing this in the past... so we submitted a few extras this 5th time around (which is also our last time trying):
- letter from employer (salary, duties, # of weeks of paid vacation + allowable time off for visit)
- pension fund he has earned and can collect after he leaves work (which shows he has not yet exhausted this amount and will collect prior to permanently leaving his country)
- signed letter + emails from communication with his son's mother, agreeing to a plan of care of their son while he is away for 9 days only
- court ordered agreement of support for his son
- financial statements
- pay stubs
- notarized letter of explanation from, explaining why he must return (to finalize parenting agreement, he does not, at any cost, wish to negatively impact our sponsorship application in process, he MUST find sustainable and dependable employment which is something he can only do IF he comes to Canada with his PR)
- invitation letter from me
- supporting letter from my Member of Parliament
- passport
- previous visa to Canada (showing he came and left within time)
- flight itinerary (although I don't believe this is necessary I don't know what else you can include in its place)
- marriage certificate showing we wish to celebrate our 1-year wedding anniversary (on Canada Day too!)

I'll let you know if all of this worked... our MP's office provided great guidance in advising what we should write too.

Please wish us luck!
great.that would b lovely.plz keep me updated here...what did MP advise u to write specifically? can u plz provide a little details?
 

tipsy

Hero Member
Oct 6, 2013
652
45
Canada
Category........
FAM
Visa Office......
CPC-Mississauga
App. Filed.......
24-09-2018
Doc's Request.
03-01-2019
AOR Received.
18-10-2018
Med's Request
30-11-2018
Med's Done....
01-12-2018
Interview........
30-04-2019
canmart said:
Hi Nadia, most likely YES :)
I am also waiting for my passport, i have submitted last 10 Mar, i called VFS, they said they dont know if approved. I already booked my flight as ticket is getting higher. Fingers crossed as I had bought unrefundable ticket to make it cheaper.
 

nadia601

Star Member
Apr 1, 2012
74
3
Tipsy,
Did you apply online or through VFS?
1st time: I applied through embassy got rejected.
2nd time: I applied through VFS got rejected.
3rd time: I applied through online got approved ( Biometric done in VFS)