wife's PR app, sponsor's intent to return to Canada

[stevelo]

canadianwoman: can you elaborate on how I would be able to communicate to the program manager at the Seoul embassy? Do you mean if they still refuse my proof but have not made a final decision yet? Or do you mean I can still do so even if they have made a decision (as an appeal before the official appeal process)?

We've read a few of the appeals you helped linked us to: if we are unsuccessful do we have the option to appeal or re-apply from scratch? I think I read somewhere we need to appeal (re-applying could also end in a fail based on reference to previous decision?)

Anyway, we are hoping for the best but just trying to stay prepared.

OK, the visa officer can refuse the PR application because he/she doesn't believe the sponsor will return to Canada. But usually the kind of proof both of you offered would be considered enough.
The visa officers have a lot of discretion. What is good enough for one might not be good enough for another.

Stevelo: is the list of evidence you provided what you sent in response to the letter you quoted? And not what you sent in response to the first letter asking for more proof? It seems so. I think it should be good enough, especially the proof you will quit and lose your work visa in April. However, if they still refuse based on this, if you are then already back in Canada, send a letter (fax it) to the program manager at the embassy in Seoul asking for reconsideration based on the fact that you are back in Canada.
Your wife is a South Korean citizen, so can enter Canada as a visitor without a visa. She does need proof of ties to her homeland, so a return ticket is usually a good idea. But in your case, bring proof you submitted her PR application.

 

[canadianwoman]

canadianwoman: can you elaborate on how I would be able to communicate to the program manager at the Seoul embassy? Do you mean if they still refuse my proof but have not made a final decision yet? Or do you mean I can still do so even if they have made a decision (as an appeal before the official appeal process)?

I mean if you get a refusal letter saying they refused you because they did not believe the sponsor would go back to Canada, and you have already moved back to Canada, fax the program manager right away with a letter explaining the VO made a mistake - you have already moved back. Include proof: apartment lease, job offer, anything to show you are back.

We've read a few of the appeals you helped linked us to: if we are unsuccessful do we have the option to appeal or re-apply from scratch? I think I read somewhere we need to appeal (re-applying could also end in a fail based on reference to previous decision?)

Usually if you do not appeal but just reapply, the application will be refused for the same reason it was refused the first time. However, if the situation that led to the refusal has changed, reapplying is fine. In your situation, if they refuse only because they don't believe you will go back to Canada, if you do go back to Canada reapplying would work. You would just have to show the same evidence you already did to prove the relationship is genuine, and include proof you have reestablished yourself in Canada. In this case you would also win an appeal.

The VO giving you a second chance to submit more proof is actually good luck for you. It may not mean the VO is a charitable person, though. The VOs are supposed to make sure that procedural fairness was given to the applicant; otherwise the decision could be reversed on appeal.

 

[stressed_tired]

my situation is simmilar however i am self employed. I dont have a job in china but i come here often and return to canada after every 2-3 months. in my 7 years coming and going i have only spent a full year in 09 when my wife was pregnant with our son.

I Stay in china as i deal in stock lot goods so i must look at the goods for myself and check their condition before making the purchase. i normally stay a little extra to spend time with my wife and son.

however this business for me is done, and now i will just be coming here every 3rd month to buy some goods ship out and return back to canada.

I got an email from the hongkong office regarding my wifes pr application. It states that they require more evidence that i intend to return to canada. I have filed tax returns and pay gst/hst quarterly and essentially its like i never left. I also purchased a house in 2010 december in preparation for the big move. I have a son with my wife my son posses a canadian passport and citizenship card. I replied to the letter today stating that i infact am just waiting for my wifes paperwork to be completed and i am going to change my biz from wholesale to retail and open a shop. I also sent a copy of my title deed and copies of my electric bill and water bill all addressed to me to prove that i am infact mantaining a lifestyle. I also just purchased a car in Canada in december to use when they come although i did not send proof of that. should i have sent this ? What are the chances of me being refused.


this is a real headache.

 

[Fencesitter]

Hi there,

Your situation is very similar to mine...though I have been living in China since 2004, and my wife and I have been living together since 2006. We also have a son (Canadian citizenship cert + passport). We don't own a house in Canada, nor do we have a car in Canada.

You have a house, car, and business. What possible reason would the VO in Hong Kong have to request further proof of your intent to return to Canada? You basically live there still...aside from your business trips. I'm guessing it's because of the nature of your business, i.e. short trips to China to source or whatever it is you do...then back to Canada. They might think you will continue this, and therefore, not be in Canada with your wife and son for months at a time.

How did you answer IMM5540 (Sponsor Questionnaire) Q11? Did you write a detailed account of all the things you will do when you arrive with your wife and son? If you didn't provide details, that's probably why they want further proof of intent, but again, you are a resident of Canada, not China, correct? Why do you need to even bother providing a lot of proof? For someone like me, or the OP, we live here, so for us, we must provide concrete proof and evidence. You, on the other hand, shouldn't have to, so I find it very odd that the VO would send this request.

I don't know, but this is very annoying! You have solid proof of intent...it seems the VO in Hong Kong is difficult when it comes to issuing immigrant visas!!!

Anymore background info on your case? Definitely let us know more about your case so we can assist.

FS

 

[stressed_tired]

i made a mistake, aieee. i replied to their email with haste and mentioned that i stayed in canada more then 187 days but i just counted again using the flight itenaries and actually i have spent 137 days last year. But all my income is from Canada every penny of it. Now i have this issue. should i send another email correcting myself. Please answer fast .....

rgds

 

[Fencesitter]

First I think you should provide more background info on your specific case. It's really difficult to assist without knowing more.

FS

 

[stressed_tired]

i am citizen i got married in 09 and had son in 09 and son has canadian p-port with citizenship id. actively running biz in canada wholesale and come to china to buy goods. go back and forth alot, started spending more time here in china as married man must be with wife and kid. dec 2010 purchased house and september 2011 started application family class wife sponsorship. nov 9 received by canada dec 10 approved as sponsor. March 15 sent email to HK asking becuase grandma on death bed and wants to see my son and wife pressure from whole family so sent email. Yesterday apr 10 received an email claiming they sent a letter to us on mar 26. never received this letter. letter attached in email states there is lack of evidence that i intend to return to canada and also asking for a notarized certificate of no criminal conviction for my wife. Ordered that but dont know how to notarize it?
additionally in email attached title deed of house as proof of intent to return to canada and also mentioned that i have been running my business there since 2002 and that i spent more then 187 days in canada. Last part was a mistake because i actually just counted and i spent 137 days in canada.

1. should i re-email correcting myself?
2. how worried should i be ?
3. i still need to come back and forth but not as much as price of goods is high and production is moving to other countries and im not gonna follow so im going into retail. I have a decent bank balance in canada and never had a job in China.

essentially all the proof i have is the title deed. but having property in canada is not enough proof apparently. so im concerened. i also mentoined that i spent from october 18 2011 to jan 6 2011 in canada preparing the house and buying firniture etc for the wifey and sons arrival.

 

[Fencesitter]

Okay, for a start, are you of Chinese origin?

You must prepare a more detailed summary of your intentions to reside in Canada with your wife and son once your wife gets her PR visa. I wrote a 4 page account detailing all the things we will need to do in China before we leave, as well as details of what we will need to do in Canada when we arrive. Talk about schooling for your son. Talk about what your wife will do or what she plans to do. Detail your plans to change your business from wholesale to retail. You are right in saying that a property deed is insufficient...it's not good enough because of the nature of your business over the past few years, i.e. you come and go a lot.

As for the police certificate is something that has annoyed me, as it is impossible to get an original here in Guangzhou. In other parts of China, folks have been able to do it...but anyways, just ask your wife to sort that out as she will know where to go...notary is easy enough to sort out...again, ask your wife to take of all this...

I would e-mail them explaining the mistake. You shouldn't be worried, just prepare more proof with evidence and a heartfelt detailed account of your plans for life with your wife and son in Canada. If I were in your shoes, I wouldn't be mentioning that you will continue to leave Canada to source products or whatever...just give them what they want...after your wife gets her PR, you're golden and can continue doing what you do...don't lie to them, just leave out parts that might hurt your case...even though what you have written sounds perfectly reasonable...the VOs are anal about certain things..

Hope this helps...

FS

 

[stressed_tired]

no im originally from kenya. i moved to canada at the age of 15. thanks i will resend the email and and give them an account of what you mentioned and inform them of the mistake. here goes another whole day.

 

[Fencesitter]

A whole day is nothing compared to a lifetime with your family in Canada.

The way I approached this whole immigration adventure? Knowing that I will be successful because I believe in my family and I believe in my country. I spent hours and hours on this, but through out all that time, through the ups and downs, I loved it all! I am a better person for having gone through this process. I'll be an even better person once my wife gets her visa...

I have driven my wife insane, however, so not sure if she'll be a drain on the Canadian healthcare system once we finally land in Toronto...

You're a trooper...I could not even begin to imagine what it must be like living apart from your wife and son...that goes for everyone living apart from their families. I plan on becoming an outspoken advocate for immigrants when I return home...this whole process is in need of a serious overhaul...for example, guys like us who are married with a Canadian child...automatice visa...anyways, that's something I will be doing when I'm in Canada...for now I'm content in driving my wife crazy and losing more hair...

FS

 

[arpitaggarwal89]

1.Before PR Approval

Planning/research that we have been doing until now:

• We have started identifying the potential neighborhoods in Canada.
• We reached out to real estate agents for quotations but most of them have asked us to reach out 1-2 months close to actual move date.
• We have been in touch with various staffing companies to research about Canadian job market.
• We have started reaching out to furniture moving companies to get quotations.

While the PR application is in process for next 6-8 months approx we intend to continue the research of following:

• Sponsor will visit Canada to check out neighborhoods in person to narrow down the list.
• communication with immigrant service organizations
• Prepare a TO-DO list that we would helps us in first 30 days to settle easily on arrival to Canada

2.After PR approval

Below is the short term once the PR application is approved.

• Plan after final approval step of PR until landing in Canada:
• Create the list of companies based on our domain and industry experience Make the move to Canada
• Work out with existing employer at that time to get transferred to Canada office.
• Inform landlord/agent of moving out date

Once we land in Canada:

• Continue job search
• Bank accounts
• Keep ourselves occupied by doing some volunteer work.
• Meanwhile learn French language to get adapted into local activities.

3.Long term prospects that we wish to get fulfilled in Canada:

Sponsor intends to pursue my higher education in Data Science domain and eventually do PhD
After working for 2-3 years in Canada, sponsored applicant intends to pursue MBA program from a top tier university in Canada.

Does adding all this detail helps the case ?
After reading that others with some much proofs to show intent and still getting those letters for more , I am getting worried.