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athraa.abb

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Jul 26, 2013
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12-12-2013
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Hi everyone.

I am wondering about the new family uniting in effect as of June 8. I read that if a Canadian citizen is in Canada and their immediate family member is a foreign national, they can unite with their family in Canada for essential reasons.

I am currently in Iraq but coming back to Canada next month because I want my son to start school in Canada and I want a better life for him. So I am wondering, when I come, is it possible that my husband in Iraq can come into Canada under these terms, to unite with his family in Canada, as he is immediate family member and I will be needing his help to live there. I will be working and my son will be in school. I realize he will need a visitor visa, but once he is there can he apply for PR while he's there with us?

Also, we have previously submitted a spousal sponsorship application and he was refused and we didn't appeal. Now we would like to apply again but if he can be in Canada while we apply, it would be much easier on all of us.

Thank you
 
In theory, yes. With a previous refusal for spousal sponsorship, chances of getting a visitor visa are low. You may have no choice but to apply anew for spousal sponsorship Outland (ie from abroad for him, you can be in Canada).

Do you know the reasons for the previous refusal? How long ago was that? Were your circumstances substantially different then (like for you xample you had just been married then but have now been together for much longer)?

You should consider ordering the access to information request for your previous application. If the reasons for refusal are complicated, you should consider getting a lawyer.

Hard to define what non complicated would mean so you may wish to consult a lawyer anyway.
 
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In theory, yes. With a previous refusal for spousal sponsorship, chances of getting a visitor visa are low. You may have no choice but to apply anew for spousal sponsorship Outland (ie from abroad for him, you can be in Canada).

Do you know the reasons for the previous refusal? How long ago was that? Were your circumstances substantially different then (like for you xample you had just been married then but have now been together for much longer)?

You should consider ordering the access to information request for your previous application. If the reasons for refusal are complicated, you should consider getting a lawyer.

Hard to define what non complicated would mean so you may wish to consult a lawyer anyway.

Why would the refusal effect the visitor visa? The reason was because of our financial situation at the time. It was a weak case considering our financial siatuion. It was in 2015 and we had one child who was months old. now he's 6 years old .
 
Why would the refusal effect the visitor visa? The reason was because of our financial situation at the time. It was a weak case considering our financial siatuion. It was in 2015 and we had one child who was months old. now he's 6 years old .
Because he is not a genuine visitor, he wants to come and eventually settle in Canada. The best way for you is to apply outland.
 
Because he is not a genuine visitor, he wants to come and eventually settle in Canada. The best way for you is to apply outland.

Outland won't work for us because we don't have any savings and i cant work here in Iraq. If I am in Canada, I can worl and save and find us a place to stay when he comes and I have family there that can help me.
 
Outland won't work for us because we don't have any savings and i cant work here in Iraq. If I am in Canada, I can worl and save and find us a place to stay when he comes and I have family there that can help me.
Outland just means that your husband stays in his country. Inland=your husband stays in Canada during the sponsorship process. You can move to Canada, start working and apply for outland sponsorship for your husband who will be in Iraq.
 
Outland just means that your husband stays in his country. Inland=your husband stays in Canada during the sponsorship process. You can move to Canada, start working and apply for outland sponsorship for your husband who will be in Iraq.

Oh yes I forgot that. Just got a little confused. Thank you.
 
Why would the refusal effect the visitor visa? The reason was because of our financial situation at the time. It was a weak case considering our financial siatuion. It was in 2015 and we had one child who was months old. now he's 6 years old .
Out of curiosity, are you willing to share more details? I thought that finances weren't as much of a consideration when applying (unless you are moving to Quebec or have dependents of dependents.)

Let me know. Thanks!
 
Out of curiosity, are you willing to share more details? I thought that finances weren't as much of a consideration when applying (unless you are moving to Quebec or have dependents of dependents.)

Let me know. Thanks!

This can still be grounds for refusal for spousal sponsorship applications if IRCC has concerns that the sponsor does not have the financial capability to support the applicant once PR is approved. This typically happens in cases where the sponsor isn't working and doesn't have substantial savings and where the applicant isn't working either.
 
Out of curiosity, are you willing to share more details? I thought that finances weren't as much of a consideration when applying (unless you are moving to Quebec or have dependents of dependents.)

Let me know. Thanks!

That's what we were told too but we were in a difficult position where I had a newborn and I was having a lot of trouble finding a job. My husband was working here in Iraq but he didn't make enough and we didn't have any savings so that's why it was refused.
 
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Your husband is unlikely to get a TRV. Given delays from covid, applicants from Iraq often take over a year and the fact that your husband was in the military I would plan for 15+ months for the application to be processed.
 
Your husband is unlikely to get a TRV. Given delays from covid, applicants from Iraq often take over a year and the fact that your husband was in the military I would plan for 15+ months for the application to be processed.

Can we not mention that he was in the military?
 
The answer is unlikely to be different than in the other thread.

If you choose not to mention it, the consequences would be severe. It is a bad idea.

What do you mean by severe exactly?
 
Can we not mention that he was in the military?

Already answere. No. If you do this, expect him to be refused and banned from Canada for 5 years.
 
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