Visa for spouse rejected - follow up questions

[rhcohen2014]

Oh yeah, you can get extensions. It depends on the officer who's questioning you. If he/she is confident that you have enough funds and you're not an overstay risk, he will grant you an extended period to stay. That's why the odds are in your favor if you just ask for a short stay.

got it! thanks!

 

[Regina]

You should always request a few weeks, 2-3 weeks sounds reasonable.

Also , your GREAT mistake was your advice for her to quite job. It could be a strong tie (together with a shorter visit, like "on summer holiday" for 3 weeks.

If she gets visa she HAS to have a return ticket with a date of flight 3 weeks from entry. (Buy one with option of changing the date) .
Also, if by chance she will not get at POE a hand written due date to leave, then she may stay for 6 months and apply for extention 30 days before the end of stay.
However, if she gets that "date of leaving" in her passport and it is only 21 days , then you still could apply for extention ; HOWEVER, applying for extention so soon (within 21 days) will couse CIC to suspect that when she asked for a visa for 3 weeks visit she had been lying, that applying for 3 weeks visa she kept in mind 6 months stay, and it is a misrepresentation.

 

[m0ltarovich]

Also , your GREAT mistake was your advice for her to quite job. It could be a strong tie (togetehr wioth a shorter visit, like "on summer holiday" for 3 weeks.

If she gets visa she HAS to have a return ticket with a date of flight 3 weeks from entry. (Buy one with option of changing the date) .
Also, if by chance she will not get at POE a hand written due date to leave, then she may stay for 6 months and apply for extention 30 days before the end of stay.
However, if she gets that "date of leaving" in her passport and it is only 21 days , then you still could apply for extention ; HOWEVER, applying for extention so soon (within 21 days) will couse CIC to suspect that when she asked for a visa for 3 weeks visit she had been lying, that applying for 3 weeks visa she kept in mind 6 months stay, and it is a misrepresentation.

so basically you are saying it's a lose/lose and 3 weeks would me max in that case?

 

[Regina]

so basically you are saying it's a lose/lose and 3 weeks would me max in that case

Yes. That is how the system works. CIC tries to cover all loopholes and force people to follow the rules.

 

[m0ltarovich]

Dammit, applied again and got rejected again. This time I included more information and an additional letter of explanation. ANNDDD got more rejection reasons. Makes no sense...

This time they list the following reasons:

• Your family ties in Canada and in your country of residence
• Purpose of visit
• Your current employment situation
• Your personal assets and financial status
• The genuineness of the relationship has to be established

Any idea how to establish the genuineness of the relationship? I have included a marriage certificate and also some pictures from the wedding? Last time they didn't even say anything about that, and I have only included the marriage certificate.

 

[scylla]

Any idea how to establish the genuineness of the relationship? I have included a marriage certificate and also some pictures from the wedding? Last time they didn't even say anything about that, and I have only included the marriage certificate.

You would want to show proof of your relationship before the wedding. Hopefully you dated for some time before getting married and can provide proof of visits / correspondence.

 

[Regina]

Your family ties in Canada and in your country of residence
Purpose of visit
Your current employment situation
Your personal assets and financial status
The genuineness of the relationship has to be established

Well, as you can see - her not having a JOB is a bad thing.

They are working with her file , so "the genuineness of the relationship has to be established" YET. Seems like you was better to apply for a Visitor visa LATER in the process. When they have checked your papers out for Sponsorship process and are satisfied with "genuineness of the relationship".

Regret to say but it seems like you screwed up in any possible way with TVR for her and now have to wait till she gets her PR visa.

 

[m0ltarovich]

Well, as you can see - her not having a JOB is a bad thing.

I have included a letter explaining why she had no job. I asked her to leave the job, because we went to traveling for 3 month, during which she also got training that is related to her desired future job.

They are working with her file , so "the genuineness of the relationship has to be established" YET. Seems like you was better to apply for a Visitor visa LATER in the process. When they have checked your papers out for Sponsorship process and are satisfied with "genuineness of the relationship".

But how the hell am I supposed to know which stage of the process they are in? It's not like they are communicating that well All it says is that application is in process.

Regret to say but it seems like you screwed up in any possible way with TVR for her and now have to wait till she gets her PR visa.

I don't see where have I screwed up? Which exact action of mine did bring this "screw up"?

Thanks!

 

[Regina]

I have included a letter explaining why she had no job. I asked her to leave the job, because we went to traveling for 3 month, during which she also got training that is related to her desired future job.

Your and her intention do not matter. She does not have ties at home, you and she were not able to prove she will not overstay.

PROOF lies on the APPLICANT (your wife). CIC do not consider any of your wishes and intentions. Rules are all the same for any visitor from ANY country.

You screwed up because you thought she should quit her job and come to stay with you as long as you wishes. You did not understand how CIC works and made a lot of mistakes in a process. In cases like yours (TVR for a wife in a process of getting PR visa) the preparation of documents and understanding CIC rules and logic is A KEY.

 

[m0ltarovich]

Your and her intention do not matter. She does not have ties at home, you and she were not able to prove she will not overstay.

PROOF lies on the APPLICANT (your wife). CIC do not consider any of your wishes and intentions. Rules are all the same for any visitor from ANY country.

You screwed up because you thought she should quit her job and come to stay with you as long as you wishes. You did not understand how CIC works and made a lot of mistakes in a process. In cases like yours (TVR for a wife in a process of getting PR visa) the preparation of documents and understanding CIC rules and logic is A KEY.

I was well aware of the requirement to prove the "ties". However, to me personally, having a job makes zero sense as a "tie". Think about it, if someone wants to stay in Canada, and that is their utmost wish, how is having a job in their country of origin is going to prevent that? If she had a job, and came to visit me, I could have just as easily tell her to quit it then and there, and she would do same.

Also, you said that I made a lot of mistakes in the process. What are the mistakes, other than telling her to quit her job?

Thanks!

 

[Regina]

You are right: not ANY job is a tie. But a good job with a good salary. But in your circumstances even a "weak" job is better then none. It is HER responsibility (with your help if you wish) to convince VO that in NO circumstances she will overstay her claimed VISIT. And it is very difficult to prove when she is already in a process of moving to Canada permanently to her husband and quit her job. What could ever prevent her form overstaying then? That's why in such cases like her most of spouses do not get Visitor visas.

Some could get, like a student in her last year of study- because it could be quite silly to abandon 3,5 years invested in studying and do not get a degree, or having a child who is also in PR process with her and is left in home country with grand-parents for a short period of her visit to Canada.

 

[mikeymyke]

Regina is right. You could also say the same thing about family members. Even if you had your parents, siblings, all your relatives in your country, who's to say you would leave them in a heartbeat if you knew you had a chance to go to Canada?