Visitor visa application refused, should I apply for a judicial review?

[canadianwoman]

I am a Canadian citizen who lives half the year in Nigeria and half the year in Canada. My husband is a Nigerian citizen. He applied for a visitor visa last July, and it was just refused. The grounds were: 1. They did not believe he would leave Canada at the end of his stay. 2. His employment situation in Nigeria did not show he was settled in Nigeria. 3. He did not have enough money for the trip.

We showed evidence of three companies he runs, property (a compound with two houses and a guardhouse, a hotel, and a farm), vehicles (two cars, a van, a truck, and a motorcycle), two bank accounts (one for the farm and one for the hotel, both showing lots of money coming in and out), and children who would be staying in Nigeria. It is true he is not employed; instead, he owns and runs a hotel and a farm. He showed proof of about $40,000 Canadian. He would be staying at my apartment in Canada.

I think he showed sufficient ties to Nigeria, and enough money for the trip. Should I apply for a judicial review? Our other option is to wait a year until he has more money saved.

 

[Naturgrl]

The issue is that he is married to a Canadian citizen so you should be sponsoring Him. Why aren’t you doing that if he is staying in your apartment. Funds is that all personal accounts (not business) and if he supports children then 40k may not be enough.

 

[canadianwoman]

They are both business accounts. I tried to sponsor him years ago, but that was refused because the visa officer claimed it was a fake marriage. Both businesses would be running while he was here, so the money coming in is more than enough to support the children.

 

[Naturgrl]

They are both business accounts. I tried to sponsor him years ago, but that was refused because the visa officer claimed it was a fake marriage. Both businesses would be running while he was here, so the money coming in is more than enough to support the children.

Only personal banks accounts are counted so he was rightly refused. He needs to show funds in personal accounts. And given you are citizen and PR was refused, he will have a hard time getting TRV.

 

[scylla]

I am a Canadian citizen who lives half the year in Nigeria and half the year in Canada. My husband is a Nigerian citizen. He applied for a visitor visa last July, and it was just refused. The grounds were: 1. They did not believe he would leave Canada at the end of his stay. 2. His employment situation in Nigeria did not show he was settled in Nigeria. 3. He did not have enough money for the trip.

We showed evidence of three companies he runs, property (a compound with two houses and a guardhouse, a hotel, and a farm), vehicles (two cars, a van, a truck, and a motorcycle), two bank accounts (one for the farm and one for the hotel, both showing lots of money coming in and out), and children who would be staying in Nigeria. It is true he is not employed; instead, he owns and runs a hotel and a farm. He showed proof of about $40,000 Canadian. He would be staying at my apartment in Canada.

I think he showed sufficient ties to Nigeria, and enough money for the trip. Should I apply for a judicial review? Our other option is to wait a year until he has more money saved.

You can certainly try for JD if you want to. I don't think any of us can guess the outcome.

What is likely working against you is the fact that he is married to a Canadian and the previous refused PR application which shows a strong intent to live in Canada permanently.

However you can certainly try.

 

[steaky]

They are both business accounts. I tried to sponsor him years ago, but that was refused because the visa officer claimed it was a fake marriage. Both businesses would be running while he was here, so the money coming in is more than enough to support the children.

Why not work on something that proves it's not a fake marriage? Such as you move to Nigeria and live there all year round until your Nigerian husband get his visa?

 

[canadianwoman]

Why not work on something that proves it's not a fake marriage? Such as you move to Nigeria and live there all year round until your Nigerian husband get his visa?

I can spend half the year there; I'm too sick to stay away from Canada all year. Probably we will try the PR sponsorship again, though.

 

[binal1625]

Sorry to hear that. From their POV, significant ties of the applicant (as in... You - the spouse) are in Canada. Spouse >> any property he may have back in Nigeria. Same applies for his employment status. Since he is the owner of said properties, it could have appeared that he can generate passive income from them irrespective of where he stays.

I am not sure money is the issue here or that a judicial review might help. I think he needs to show that he needs to physically present in Nigeria for the kids and for the business. A shorter travel itinerary which suggests that he is coming only for a 10-day holiday or so (example) and not to stay for a couple of months (and eventually permanently) might help.

I would suggest talking to an immigration consultant or someone else in Canada in your situation. We are all amateurs here and simply giving our opinions. All the best!

 

[canadianwoman]

Sorry to hear that. From their POV, significant ties of the applicant (as in... You - the spouse) are in Canada. Spouse >> any property he may have back in Nigeria. Same applies for his employment status. Since he is the owner of said properties, it could have appeared that he can generate passive income from them irrespective of where he stays.

I am not sure money is the issue here or that a judicial review might help. I think he needs to show that he needs to physically present in Nigeria for the kids and for the business. A shorter travel itinerary which suggests that he is coming only for a 10-day holiday or so (example) and not to stay for a couple of months (and eventually permanently) might help.

I would suggest talking to an immigration consultant or someone else in Canada in your situation. We are all amateurs here and simply giving our opinions. All the best!

Thanks. He is running the hotel and farm; we both want them to be generating passive income, but neither of us trust someone else to run them for long. I'm still debating what to do.

 

[canuck78]

I can spend half the year there; I'm too sick to stay away from Canada all year. Probably we will try the PR sponsorship again, though.

If you are living for 6 months out of Canada are you retired? Could you show that you could support your spouse financially if he moved to Canada?

 

[canadianwoman]

If you are living for 6 months out of Canada are you retired? Could you show that you could support your spouse financially if he moved to Canada?

I'm currently medically unable to work. I think I have sufficient income to support him.

 

[canuck78]

I'm currently medically unable to work. I think I have sufficient income to support him.

If you are receiving any form of disability payment I assume you have notified someone about your time outside Canada every year. It can be tough to show that you can support another person on a disability payment unless you have other significant savings