TRV refused for spouse of Canadian citizen, need advice

[cmcsbdg22]

Our situation is as follows:
We are a legally married couple, both currently residing in a third country (not Canada, not applicant's native country)
I am a Canadian Citizen who is attending a Canadian university remotely from this country, since the whole COVID situation started.
However, the university announced that beginning next Fall (September), course delivery will revert back to in-person, and I will be needed back in Canada to continue my studies.
I have foreseen this situation and applied for both Permanent Residency (Family Sponsorship) and Temporary Residnece Visa back in January, so that we can enter with the TRV before September while we wait for the result of the PR application.
Today we have received a letter from IRCC saying that the TRV application was refused, for the following reason:

"I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on the purpose of your visit."

I suspect that this is either because:

1. IRCC doesn't generally issue TRV for spouses, and their only recourse is Family Sponsorship
2. Since applicant doesn't currently reside in her home country or have active responsibilities there, they saw this as a weak motive to return if PR application is refused in the future

I am at a loss as to what we should do next, and in need of advices. Are there cases where spouses were issued TRV, meaning this was because our application was weak? Or are spouses of citizens generally rejected TRV?

Should we reapply for TRV, or should we simply wait for the PR results? What is the best course of action here?

Thanks in advance.

 

[scylla]

Our situation is as follows:
We are a legally married couple, both currently residing in a third country (not Canada, not applicant's native country)
I am a Canadian Citizen who is attending a Canadian university remotely from this country, since the whole COVID situation started.
However, the university announced that beginning next Fall (September), course delivery will revert back to in-person, and I will be needed back in Canada to continue my studies.
I have foreseen this situation and applied for both Permanent Residency (Family Sponsorship) and Temporary Residnece Visa back in January, so that we can enter with the TRV before September while we wait for the result of the PR application.
Today we have received a letter from IRCC saying that the TRV application was refused, for the following reason:

"I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on the purpose of your visit."

I suspect that this is either because:

1. IRCC doesn't generally issue TRV for spouses, and their only recourse is Family Sponsorship
2. Since applicant doesn't currently reside in her home country or have active responsibilities there, they saw this as a weak motive to return if PR application is refused in the future

I am at a loss as to what we should do next, and in need of advices. Are there cases where spouses were issued TRV, meaning this was because our application was weak? Or are spouses of citizens generally rejected TRV?

Should we reapply for TRV, or should we simply wait for the PR results? What is the best course of action here?

Thanks in advance.

It's certainly more difficult to get a TRV if your spouse is Canadian. The refusal unfortunately isn't surprising and we see this all of the time. IRCC has basically correctly determined that your spouse isn't really a temporary visitor but is looking to use the TRV to move to Canada ahead of getting PR. And yes, unfortunately the fact your spouse is living outside of their home country weakens the application.

You can certainly reapply. However I would only do that if you can significantly strengthen the application and have your spouse show significantly stronger ties to the country where your spouse is residing now. Obviously ties to their home country will be difficult to prove.

So I guess that's the key question. Can you significantly strengthen the TRV application? If so, try applying again. No harm in that.

 

[cmcsbdg22]

It's certainly more difficult to get a TRV if your spouse is Canadian. The refusal unfortunately isn't surprising and we see this all of the time. IRCC has basically correctly determined that your spouse isn't really a temporary visitor but is looking to use the TRV to move to Canada ahead of getting PR. And yes, unfortunately the fact your spouse is living outside of their home country weakens the application.

You can certainly reapply. However I would only do that if you can significantly strengthen the application and have your spouse show significantly stronger ties to the country where your spouse is residing now. Obviously ties to their home country will be difficult to prove.

So I guess that's the key question. Can you significantly strengthen the TRV application? If so, try applying again. No harm in that.

Thank you for the reply. Would having the second application rejected affect negatively on the result of our PR application? Or do we merely risk losing the application fee with no further repercussions for the PR application?

 

[Conaider]

Our situation is as follows:
We are a legally married couple, both currently residing in a third country (not Canada, not applicant's native country)
I am a Canadian Citizen who is attending a Canadian university remotely from this country, since the whole COVID situation started.
However, the university announced that beginning next Fall (September), course delivery will revert back to in-person, and I will be needed back in Canada to continue my studies.
I have foreseen this situation and applied for both Permanent Residency (Family Sponsorship) and Temporary Residnece Visa back in January, so that we can enter with the TRV before September while we wait for the result of the PR application.
Today we have received a letter from IRCC saying that the TRV application was refused, for the following reason:

"I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on the purpose of your visit."

I suspect that this is either because:

1. IRCC doesn't generally issue TRV for spouses, and their only recourse is Family Sponsorship
2. Since applicant doesn't currently reside in her home country or have active responsibilities there, they saw this as a weak motive to return if PR application is refused in the future

I am at a loss as to what we should do next, and in need of advices. Are there cases where spouses were issued TRV, meaning this was because our application was weak? Or are spouses of citizens generally rejected TRV?

Should we reapply for TRV, or should we simply wait for the PR results? What is the best course of action here?

Thanks in advance.

I don't know if it applies for TRV but, have you looked into the meaning of dual intent? It might work to apply for a second TRV and explain that you have a Spousal Sponsorship in process, but that if for any reason it were to be refused, you (your spouse) would leave the country.

Of course there has to be some strong evidence that you can indeed have a life (strong ties) in whatever country you would go back to. It is not wild to put it out there that you want to be together as spouses, but the alternative scenario of what you would do if your spousal application is refused has to make sense too.

I'm not giving advise, just throwing ideas, hope it helps.

 

[armoured]

Thank you for the reply. Would having the second application rejected affect negatively on the result of our PR application? Or do we merely risk losing the application fee with no further repercussions for the PR application?

No, the rejection for TRV (first or second) won't affect the PR application.

When did you apply for PR? How far along (what stage) is your application?

 

[cmcsbdg22]

No, the rejection for TRV (first or second) won't affect the PR application.

When did you apply for PR? How far along (what stage) is your application?

Thank you for your reply. We applied for both PR and TRV on January. May I ask why you are convinced that the TRV results won't affect the PR application? Are there many members in this forum who were refused TRV but granted PR? As for the PR stage, we have given biometrics and received a letter of acknowledgement, and that's about it.

 

[armoured]

Thank you for your reply. We applied for both PR and TRV on January. May I ask why you are convinced that the TRV results won't affect the PR application? Are there many members in this forum who were refused TRV but granted PR? As for the PR stage, we have given biometrics and received a letter of acknowledgement, and that's about it.

It's not uncommon at all.