Hi,
I would like to ask for advice with our present situation.
I am a Canadian citizen and my wife is South Korean. We are currently living in the US on my temporary work TN Visa, and applying for her PR status while outside of Canada.
Recently we received our AIP letter from Seoul office which asked for passport biopage, mailing address, intent of sponsor to return to Canada, and my wife’s legal status to stay in US.
We submitted the information, but our response for my (sponsor’s) intent to return to Canada was not sufficient. Here is the officer’s 2nd letter dated March 5th:
Dear _______
I have reviewed the information you have provided in your application for a permanent resident visa as a member of the family class, the class in which you applied.
I have concluded your application for permanent residence must be refused as your sponsor is not residing in Canada and the information available to me does not indicate he will reside in Canada when you become a permanent resident.
Your sponsor presently is not residing in Canada, rather he is working in the USA and has a work permit valid to April 23, 2014. I note he does not have employment to return to Canada. Although you own property in Canada, this of itself does not establish that your sponsor “will reside in Canada when the applicant becomes a permanent resident” as required by the regulations.
Consequently, I propose to refuse your application for permanent residence. Should you have additional information to submit, you must do so within 30 days of this letter, at which time I will make a decision based no the file. Any false statement could lead to refusal of your application.
Sincerely,
Officer
About my initial evidence, I have an apartment in Canada and my family and friends all live there, but I didn’t know that I had to submit proof relating to work. I had been in contact with recruiters since last September (6 months ago), and aggressively applied for work since getting the AIP letter. For the additional information package, we sent:
1. My job search history from September to the present, including correspondence with recruiters, industry colleagues, jobs applied and their descriptions, interviews
2. Bank account info showing sufficient funds to survive in Canada while looking for a job
3. Letter of resignation to quit at the end of April. This also terminates my TN Visa
4. One-way airplane tickets to fly back to Canada for me and my wife
5. I paid my professional dues to practice in BC, Canada for the year of 2012 back in December of ‘11
6. Quotes for moving, car moving also
7. Account info for my active Canadian credit card, bank accounts and cell phone accounts
8. Residence in Canada (We bought a condominium in BC, Canada)
Currently we are awaiting response from CIC Seoul office. We sent our response 15 days after the letter date (which had a 30 day limit to reply). Also, it is now over the 30 days limit after which the officer is supposed to make a decision.
Our questions/concerns are as follows, as we would appreciate all comments:
1. I have not secured a job in Canada yet. With the evidence I provided, is it enough from an officer’s point of view? Especially considering we didn’t provide adequate information on the first letter and prompted a stern second letter?
2. If/when the officer makes a decision, will they normally email a response, will they just do regular mail with the final result, or does it depend on the officer? Is it a good/bad idea to email them asking about the result?
3. Assuming we are successful, but we don’t get the COPR before we have to leave the US (since I am quitting our US visas will expire), can I email asking for the result, and present the result to immigration at the airport to at least get my wife a visitor’s visa while the physical document is re-forwarded to our Canadian address? Would that work?
4. Assuming we are unsuccessful, what can we do to get my wife to come inside Canada? I am going to be able to prove my intent to return by actually returning, so we are definitely going to appeal (and hopefully do so successfully). Would I be able to explain to the immigration officer at the airport about letters 1 and 2, and about our intention to appeal and get it sorted out? Or do we still need to prove she will only be in Canada for a temporary visit?
5. If we need to prove she is only going to be in Canada temporarily, what evidence do we absolutely need? We have heard return plane ticket is one (though admittedly that is difficult in this situation since we cannot return to the US). Would we be able to buy an open ticket (with undetermined departure date, valid for 6 months or 1 yr) from Vancouver to Korea and show it as proof? What other evidence would be critical?
6. If we have to get an interview at the border to secure a visitor permit, which entry is considered better: through Vancouver airport (YVR), or through the US-Canada border crossing by car?
I would like to ask for advice with our present situation.
I am a Canadian citizen and my wife is South Korean. We are currently living in the US on my temporary work TN Visa, and applying for her PR status while outside of Canada.
Recently we received our AIP letter from Seoul office which asked for passport biopage, mailing address, intent of sponsor to return to Canada, and my wife’s legal status to stay in US.
We submitted the information, but our response for my (sponsor’s) intent to return to Canada was not sufficient. Here is the officer’s 2nd letter dated March 5th:
Dear _______
I have reviewed the information you have provided in your application for a permanent resident visa as a member of the family class, the class in which you applied.
I have concluded your application for permanent residence must be refused as your sponsor is not residing in Canada and the information available to me does not indicate he will reside in Canada when you become a permanent resident.
Your sponsor presently is not residing in Canada, rather he is working in the USA and has a work permit valid to April 23, 2014. I note he does not have employment to return to Canada. Although you own property in Canada, this of itself does not establish that your sponsor “will reside in Canada when the applicant becomes a permanent resident” as required by the regulations.
Consequently, I propose to refuse your application for permanent residence. Should you have additional information to submit, you must do so within 30 days of this letter, at which time I will make a decision based no the file. Any false statement could lead to refusal of your application.
Sincerely,
Officer
About my initial evidence, I have an apartment in Canada and my family and friends all live there, but I didn’t know that I had to submit proof relating to work. I had been in contact with recruiters since last September (6 months ago), and aggressively applied for work since getting the AIP letter. For the additional information package, we sent:
1. My job search history from September to the present, including correspondence with recruiters, industry colleagues, jobs applied and their descriptions, interviews
2. Bank account info showing sufficient funds to survive in Canada while looking for a job
3. Letter of resignation to quit at the end of April. This also terminates my TN Visa
4. One-way airplane tickets to fly back to Canada for me and my wife
5. I paid my professional dues to practice in BC, Canada for the year of 2012 back in December of ‘11
6. Quotes for moving, car moving also
7. Account info for my active Canadian credit card, bank accounts and cell phone accounts
8. Residence in Canada (We bought a condominium in BC, Canada)
Currently we are awaiting response from CIC Seoul office. We sent our response 15 days after the letter date (which had a 30 day limit to reply). Also, it is now over the 30 days limit after which the officer is supposed to make a decision.
Our questions/concerns are as follows, as we would appreciate all comments:
1. I have not secured a job in Canada yet. With the evidence I provided, is it enough from an officer’s point of view? Especially considering we didn’t provide adequate information on the first letter and prompted a stern second letter?
2. If/when the officer makes a decision, will they normally email a response, will they just do regular mail with the final result, or does it depend on the officer? Is it a good/bad idea to email them asking about the result?
3. Assuming we are successful, but we don’t get the COPR before we have to leave the US (since I am quitting our US visas will expire), can I email asking for the result, and present the result to immigration at the airport to at least get my wife a visitor’s visa while the physical document is re-forwarded to our Canadian address? Would that work?
4. Assuming we are unsuccessful, what can we do to get my wife to come inside Canada? I am going to be able to prove my intent to return by actually returning, so we are definitely going to appeal (and hopefully do so successfully). Would I be able to explain to the immigration officer at the airport about letters 1 and 2, and about our intention to appeal and get it sorted out? Or do we still need to prove she will only be in Canada for a temporary visit?
5. If we need to prove she is only going to be in Canada temporarily, what evidence do we absolutely need? We have heard return plane ticket is one (though admittedly that is difficult in this situation since we cannot return to the US). Would we be able to buy an open ticket (with undetermined departure date, valid for 6 months or 1 yr) from Vancouver to Korea and show it as proof? What other evidence would be critical?
6. If we have to get an interview at the border to secure a visitor permit, which entry is considered better: through Vancouver airport (YVR), or through the US-Canada border crossing by car?
