TRV Help! Rejected Twice. Calling for help from Senior members please!!

[priya_7]

Hi Everyone!

My husband's file for spousal sponsorship is in queue to be finalized with the New Delhi Visa Office but it has been "In Process" for 20 months now and when inquired via MP, I was told that it can potentially take up to next year Feb or March. We want to apply for a TRV for my husband but he has been refused twice because of him being on a work permit in New Zealand (i.e. not strong enough ties to show he will return to NZ). These were the reasons given for the previous two refusals:

Your travel history (He is an Indian passport holder but has been to the UK on a student visa and then work permit following which he moved to New Zealand on student visa and then work permit since then. Currently staying in New Zealand on work permit.)
Your immigration status (He is on work permit in New Zealand and his work permit is good until 2018)
Length of proposed stay in Canada (The first time around we had requested for 2 months and the second time around we were told that 2 months is too long so we asked for 2 weeks since he wouldn't get too much time off work).

We are thinking of getting a letter from the MP stating the status of our PR application currently and then applying again for a TRV. What are the suggestions of the senior members on this thread? Should we take the risk to apply a third time? What do you think our chances will be for a TRV if we apply with a letter from the MP explaining the whole situation? What should we be changing or what should we definitely include in our application for the visa officer to be convinced that he will not stay in Canada illegally?? I am banking on the fact that for his PR application, it is in queue for a final review (i.e. Passport request) and all the sections such as eligibility, criminality, security and medical have been passed and I have GCMS notes that show that as well which I plan to include in the TRV application so as they know that chances of refusal are almost negligible so it wouldn't be a threat for the country to kick him out etc...

Please advise guys!! your responses are appreciated!

 

[priya_7]

Sorry correction to my post above:

The reasons on the refusal letter the second time were:

immigration status in country of residence ( Again he was on work permit valid until 2018)

Family ties in Canada and in country of residence.

 

[scylla]

The MP letter won't help and I honestly wouldn't bother applying again. Unfortunately it's quite normal for TRVs to be refused in cases where someone has been sponsored for PR by their spouse since CIC knows the applicant has plans to remain in Canada long term.

Having too many TRV refusals can sometimes impact PR application processing times for spousal sponsorship. You are OK with two refusals. I would strongly advise against pushing that to three.

 

[priya_7]

The MP letter won't help and I honestly wouldn't bother applying again. Unfortunately it's quite normal for TRVs to be refused in cases where someone has been sponsored for PR by their spouse since CIC knows the applicant has plans to remain in Canada long term.

Having too many TRV refusals can sometimes impact PR application processing times for spousal sponsorship. You are OK with two refusals. I would strongly advise against pushing that to three.

Thanks scylla,

But everything on our file is approved at this point and we are just waiting for a PPR which may take until next year as indicated by our MP. I have seen cases where they have given TRV for people once their eligibility has been approved. Do you think if we submit docs and notes that show that his case is almost at the last leg, they would be convinced that he would not stay in Canada illegally and grant him a TRV? Because I guess the purpose of the Act is to ensure that people will leave the country at the end of their stay and not stay illegally in the country because then it would be hard for the government to kick them out, right?

 

[scylla]

Thanks scylla,

But everything on our file is approved at this point and we are just waiting for a PPR which may take until next year as indicated by our MP. I have seen cases where they have given TRV for people once their eligibility has been approved. Do you think if we submit docs and notes that show that his case is almost at the last leg, they would be convinced that he would not stay in Canada illegally and grant him a TRV? Because I guess the purpose of the Act is to ensure that people will leave the country at the end of their stay and not stay illegally in the country because then it would be hard for the government to kick them out, right?

Yes - some people are successful. Unfortunately many are not. The information you have provided doesn't change anything IMO. It doesn't matter what stage his application is in. The key thing you need to prove to be approved for a TRV is that you have strong ties to your home country and have no plans on remaining in Canada long term. Your husband clearly has very definite plans to remain in Canada long term.