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TRV refused twice for husband, visit is for birth of our baby, pls advise

sheerinstinct

Newbie
Nov 17, 2016
4
0
Hi all,
Just received news that my husband's TRV got rejected again and I'm pretty upset as the purpose of his visit was to visit me in Canada so that he can be with me during our baby's birth, whose expected due date is January 17, 2017. Our background is this: I'm a Canadian citizen born and raised in Canada. Got married to my husband who is Chinese in November, 2015. Tried to apply for TRV for the 1st time in June, 2016 by asking my parents to invite him to visit my home country while I accompanied him for a period of 2 months. 1st time rejected with the following reasons:

1. Personal Assets and Financial Status (He had no property under his name, reported 6000rmb salary per month, but had around 10,000 to 12,000 rmb deposited each month into bank account, total bank balance at time of application around 37,000rmb (approx. $6000 cdn) and around 20,000rmb in investments (approx. $4000cdn) Included letter of employment (does this need to be certified english translation? ) but didn't include approval of leave letter, or employment contract.

2. Purpose of Visit ( My Parents invited him as son-in-law to visit Canada and accompany me and stated they would provide room and board, but they are low income household, probably around $30,000cdn annually) They provided copies of the house deed, NOA for the latest year, Bank statement balance for current month, and property tax receipts to prove ownership of house.

3. Travel History - Husband at that time had traveled to Thailand, Russia, and Turkey.

I assume he was rejected the first time due to no property in his name, low income in China, income and bank deposit do not match, perhaps invitee income too low, travel history countries not strong enough.

For the second time we applied it was handed in on October 31st, 2016 and the rejected letter was dated November 4th, but did not receive notice until yesterday. This time the following rejection reasons were stated:

1. Purpose of visit - Second time around I added myself as invitee in addition to my parents and stated that I had to return to canada for the birth of my baby due to language barriers in China and better medical care and facilities in Canada, also due to the fact that I have a risky pregnancy with a rather large ovarian cyst that could cause preterm labor. I included 2 separate invitation letters, one from myself, one by parents. In the letter, I stated that I had a stable job in China, that I had been approved for unpaid leave for 3 months by my company and I will return to China and my job after my maternity leave ends. I included my letter of employment, copies of payslips for the past year, ultrasound results showing proof of my pregnancy, and an email trail from my department head and HR representative approving my unpaid leave due to pregnancy reasons. For my parents, I included NOA, property deed, and property tax receipts. He again applied for 2 months visit, but we did not think to include leave approval letter until i did some research online that said it was best to include :( In the letters, it also stated husband would pay for all airfare, medical insurance, other trip expenses himself.

2. Family ties in Canada and in country of residence - this reason was new, as I knew it could work for or against me. I knew that my pregnancy could affect the application in a good or bad way, considering that it might make immigration officer believe my husband would not go back to China after the baby is born, but I was hoping that since its our first child, they might think its important for the father to be present for the birth. Any ideas, on how I can appeal this reason? How can my husband prove his ties in country of residence??? This second time around he did manage to transfer the house deed of his parents to his name so he now owns property in China. He is an only child and would like to return to China with me and the baby after my maternity leave cause his parents are there and both me and him have stable jobs and would be mortgage free since we are living in his parents 2nd house (which they ended up transferring the ownership to him). Other than job ties and property ties, how else can he prove his ties to China?

3. Personal Assets and Financial Status - I thought with the new house deed in his name, this reason would not appear again. In second application, the letter of employment changed with him being promoted to new position and with higher salary which would finally match his deposits in his bank account. Or would this have been a red flag to immigration officer and him being suspicious on why the sudden promotion and new job title 4 mths from first application? His bank balance also increased from
37,000rmb to around 75,000rmb (approx. 15,000cdn), part of it due to us selling all our investments.

4. Travel History - 2nd time around we also managed to add new info as we traveled to Italy and Berlin in September for our honeymoon before I returned to Canada and he to China. We included proof of airplane tickets and hotel accommodations and he had his shengen visa in his passport, or do I need to photocopy that separately?? In October, the husband also applied for USA visa which he was approved pretty easily. I thought with travel to 2 new european countries as well as his approved USA travel visa, this reason would not appear again, but again i was wrong????? I'm not sure if he provided a copy of the US visa, or just assumed the visa officer would see it in his passport. I was told if USA approved my husband, it was less likely Canada will reject again since both countries are similar. Please advise what I'm doing wrong here..

Both times we did not provide proof of round trip airfare, which in hindsight we realized this was important. Should i purchase travel insurance as well??

Some other Questions: as invitee do i need all my documents notorized? Should I only include myself as invitee or was it the right move to include my parents as well, since me and my husband would be staying at their house during the entire stay. Could I or my parents provide even more supporting documents as invitee?
What are the chances that my husband will get TRV approved now that it has been rejected twice??? People in China said he should not reapply again since probability is slim and they think my husband is already blacklisted and should not apply again for at least 6 months. Should i shorten the period of his applied visit to one month or even less? Would it be easier to get approved after the baby is born? Sorry for all the questions, but I am still in shock and extremely unhappy about the fact that husband would not be with me during my baby's birth since i think its highly unlikely he will be approved now. Would just love if someone could shed some light and what we can do better next time and hope we can reapply after baby is born, thanks all in advance!
 

CaroM8

Hero Member
Feb 26, 2015
818
85
Ottawa
Category........
FAM
Visa Office......
Mexico City
App. Filed.......
26/09/2016
AOR Received.
20/10/2016 - SA:25/10/2016 - AOR2: 22/12/16
File Transfer...
25/10/2016
Med's Done....
Upfront
Passport Req..
11-10-2017
LANDED..........
14-11-2017
I'm so sorry this is happening to you :(

To me, it seems like the second time around you guys had a much stronger application. I don't really understand why it was denied to be honest. With the extra property, travel to Europe and US visa, to me seems sufficient.

Hopefully a more experienced member can chime in and help you out because I am at a loss... :(
 

sharmag

Star Member
Jul 22, 2014
132
27
Category........
Visa Office......
NDVO
NOC Code......
2232
Job Offer........
Pre-Assessed..
App. Filed.......
19-08-2014
Nomination.....
09-12-2014
File Transfer...
29-01-2015
Med's Request
21-02-2015
Med's Done....
26-02-2015
Interview........
Wavied off
Passport Req..
31-03-2015 (Submitted on 02-4-2015)
VISA ISSUED...
18-03-2015 (Collected Passport on 22-04-2015)
LANDED..........
21-07-2015
sheerinstinct said:
Hi all,
Just received news that my husband's TRV got rejected again and I'm pretty upset as the purpose of his visit was to visit me in Canada so that he can be with me during our baby's birth, whose expected due date is January 17, 2017. Our background is this: I'm a Canadian citizen born and raised in Canada. Got married to my husband who is Chinese in November, 2015. Tried to apply for TRV for the 1st time in June, 2016 by asking my parents to invite him to visit my home country while I accompanied him for a period of 2 months. 1st time rejected with the following reasons:

1. Personal Assets and Financial Status (He had no property under his name, reported 6000rmb salary per month, but had around 10,000 to 12,000 rmb deposited each month into bank account, total bank balance at time of application around 37,000rmb (approx. $6000 cdn) and around 20,000rmb in investments (approx. $4000cdn) Included letter of employment (does this need to be certified english translation? ) but didn't include approval of leave letter, or employment contract.

2. Purpose of Visit ( My Parents invited him as son-in-law to visit Canada and accompany me and stated they would provide room and board, but they are low income household, probably around $30,000cdn annually) They provided copies of the house deed, NOA for the latest year, Bank statement balance for current month, and property tax receipts to prove ownership of house.

3. Travel History - Husband at that time had traveled to Thailand, Russia, and Turkey.

I assume he was rejected the first time due to no property in his name, low income in China, income and bank deposit do not match, perhaps invitee income too low, travel history countries not strong enough.

For the second time we applied it was handed in on October 31st, 2016 and the rejected letter was dated November 4th, but did not receive notice until yesterday. This time the following rejection reasons were stated:

1. Purpose of visit - Second time around I added myself as invitee in addition to my parents and stated that I had to return to canada for the birth of my baby due to language barriers in China and better medical care and facilities in Canada, also due to the fact that I have a risky pregnancy with a rather large ovarian cyst that could cause preterm labor. I included 2 separate invitation letters, one from myself, one by parents. In the letter, I stated that I had a stable job in China, that I had been approved for unpaid leave for 3 months by my company and I will return to China and my job after my maternity leave ends. I included my letter of employment, copies of payslips for the past year, ultrasound results showing proof of my pregnancy, and an email trail from my department head and HR representative approving my unpaid leave due to pregnancy reasons. For my parents, I included NOA, property deed, and property tax receipts. He again applied for 2 months visit, but we did not think to include leave approval letter until i did some research online that said it was best to include :( In the letters, it also stated husband would pay for all airfare, medical insurance, other trip expenses himself.

2. Family ties in Canada and in country of residence - this reason was new, as I knew it could work for or against me. I knew that my pregnancy could affect the application in a good or bad way, considering that it might make immigration officer believe my husband would not go back to China after the baby is born, but I was hoping that since its our first child, they might think its important for the father to be present for the birth. Any ideas, on how I can appeal this reason? How can my husband prove his ties in country of residence??? This second time around he did manage to transfer the house deed of his parents to his name so he now owns property in China. He is an only child and would like to return to China with me and the baby after my maternity leave cause his parents are there and both me and him have stable jobs and would be mortgage free since we are living in his parents 2nd house (which they ended up transferring the ownership to him). Other than job ties and property ties, how else can he prove his ties to China?

3. Personal Assets and Financial Status - I thought with the new house deed in his name, this reason would not appear again. In second application, the letter of employment changed with him being promoted to new position and with higher salary which would finally match his deposits in his bank account. Or would this have been a red flag to immigration officer and him being suspicious on why the sudden promotion and new job title 4 mths from first application? His bank balance also increased from
37,000rmb to around 75,000rmb (approx. 15,000cdn), part of it due to us selling all our investments.

4. Travel History - 2nd time around we also managed to add new info as we traveled to Italy and Berlin in September for our honeymoon before I returned to Canada and he to China. We included proof of airplane tickets and hotel accommodations and he had his shengen visa in his passport, or do I need to photocopy that separately?? In October, the husband also applied for USA visa which he was approved pretty easily. I thought with travel to 2 new european countries as well as his approved USA travel visa, this reason would not appear again, but again i was wrong????? I'm not sure if he provided a copy of the US visa, or just assumed the visa officer would see it in his passport. I was told if USA approved my husband, it was less likely Canada will reject again since both countries are similar. Please advise what I'm doing wrong here..

Both times we did not provide proof of round trip airfare, which in hindsight we realized this was important. Should i purchase travel insurance as well??

Some other Questions: as invitee do i need all my documents notorized? Should I only include myself as invitee or was it the right move to include my parents as well, since me and my husband would be staying at their house during the entire stay. Could I or my parents provide even more supporting documents as invitee?
What are the chances that my husband will get TRV approved now that it has been rejected twice??? People in China said he should not reapply again since probability is slim and they think my husband is already blacklisted and should not apply again for at least 6 months. Should i shorten the period of his applied visit to one month or even less? Would it be easier to get approved after the baby is born? Sorry for all the questions, but I am still in shock and extremely unhappy about the fact that husband would not be with me during my baby's birth since i think its highly unlikely he will be approved now. Would just love if someone could shed some light and what we can do better next time and hope we can reapply after baby is born, thanks all in advance!
Hi,
I am sorry to hear the visa refusal for your husband. But do not loose hope. YOu will get one. Try fixing the problems with the experts help here and may be a experienced lawyer. I will try provide some points but again I am no expert. But some observations
1. Keep the trip short, for 3 weeks may be.
2. Provide strong reason on why will your husband go back for sure. For official ties, provide approved leave letter, another letter from employer stating that he expected to join back on xx-xx-xxxx day to resume responsibilities for some commitments (if any). In letter of explantion, your husband should add details about his parents and other relatives and why will be go back for sure. Probably your situation is acting against you but mention that you would join you husband in China later (if that is the plan).
3. Provide all documents with English translation. Bank statements for last 6 months. Property valuation etc.

I see you have a strong application. And you will get the visa for sure. Good luck.

Regards,
Sharma
 

sheerinstinct

Newbie
Nov 17, 2016
4
0
thanks for your words of encouragement, I'm also at a loss at why his application was refused.

In you opinion should i buy return airfare tickets to coincide with the application dates?

Should i reapply immediately next week, or wait until december or even after baby is born in January?

sharmag said:
Hi,
I am sorry to hear the visa refusal for your husband. But do not loose hope. YOu will get one. Try fixing the problems with the experts help here and may be a experienced lawyer. I will try provide some points but again I am no expert. But some observations
1. Keep the trip short, for 3 weeks may be.
2. Provide strong reason on why will your husband go back for sure. For official ties, provide approved leave letter, another letter from employer stating that he expected to join back on xx-xx-xxxx day to resume responsibilities for some commitments (if any). In letter of explantion, your husband should add details about his parents and other relatives and why will be go back for sure. Probably your situation is acting against you but mention that you would join you husband in China later (if that is the plan).
3. Provide all documents with English translation. Bank statements for last 6 months. Property valuation etc.

I see you have a strong application. And you will get the visa for sure. Good luck.

Regards,
Sharma
 

CaroM8

Hero Member
Feb 26, 2015
818
85
Ottawa
Category........
FAM
Visa Office......
Mexico City
App. Filed.......
26/09/2016
AOR Received.
20/10/2016 - SA:25/10/2016 - AOR2: 22/12/16
File Transfer...
25/10/2016
Med's Done....
Upfront
Passport Req..
11-10-2017
LANDED..........
14-11-2017
No don't buy tickets.. it won't change anything for your application. As far as reapplying, only do so if you have new evidence do give. Or if you really rework your last application and improve it..
 

scylla

VIP Member
Jun 8, 2010
96,869
22,848
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I would forget about applying again and sponsor him for PR instead. It's not unusual for spouses to be refused since CIC suspects he has plans on remaining in Canada long term.
 

sheerinstinct

Newbie
Nov 17, 2016
4
0
I was thinking to reapply with additional documents such as letter of approved leave and having employer state his expected return to duties, property valuation of his house, return fare tickets and shorten the length of stay. Even more detailed letter of explanation on his family ties in China (only child, parents, grandparents) and i have seen other forum experts say i should include travel history chart and detailed itinerary with daily costs listed.

I really don't want to buy return airfare, but if it helps even a bit, i would consider it.

PR application takes too long as the only reason we applied TRV was so he can be present for the baby's birth in January and we will both return soon after the baby is born.

I'm just wary that no matter how many supporting documents i now provide, he just blacklisted and will not be approved no matter what due his previous 2 rejections. Has anyone had their third application approved before??
 

Bryanna

VIP Member
Sep 8, 2014
14,136
3,122
Hi,

I agree with scylla. I wouldn't reapply again. With you as his Canadian spouse, his chances of getting a TRV (without applying for PR) are low.

IMO, your husband's chances of getting a TRV were low from the first application itself.... there were some cardinal mistakes. For example:
1. Depositing money into his bank account.... his income did not match the bank balance.
2. Or applying for a 2 months' visit = weak employment ties.
3. Or stating he is accompanying you for your baby's birth = potential long-term stayer + unbalanced family ties.
4. Or not providing adequate evidence for his employment.... which is his only strong reason to return to China.

All documents must be translated into English/French by a certified translator.... employment, bank statements, etc. Notarization is not required.


Any efforts to overcome these mistakes would make it appear as afterthoughts/possibly raise red flags. For example:
This second time around he did manage to transfer the house deed of his parents to his name so he now owns property in China.
the letter of employment changed with him being promoted to new position and with higher salary which would finally match his deposits in his bank account.

He has a very slim chance of getting a TRV if you prove that you won't remain in Canada after your baby's birth. But, your employer's approval for 3 months' unpaid leave.... means you can continue to be on unpaid leave for longer/you may quit the job.

Any additional documents from you/your parents would not help.... because he must prove that he will return to China.

Your best bet would be to apply for PR for him.... and then attempt another TRV after sponsor approval/file transfer


Cheers