Visitor Visa Refused - Fiance - Please help

[rp5]

Hello everyone,

I would grateful if you offer your advice on Visitor visa for Canada for my fiance. I am really anxious. Please help.

I have Permanent Resident Visa. I got engaged in April 2019. My fiance is in India. We are getting married in September 2019.

I applied for Visitor visa (TRV) for her in May 2019 (for 3 months - Sept 2019 to Dec 2019) but her Visitor visa was refused on following grounds. Visa officer was not satisfied that she will leave Canada at the end of her stay as a temporary resident.

• Travel history (No travel history)
• Family ties in Canada and in your country of residence (Mentioned Fiance, Included Engagement photos and Wedding hall payment receipt)
• Purpose of your visit (Purpose: Other, Visit Fiance)
• Personal assets and financial status (Rs 7 lacs or 13500 CAD in her bank account, Employment letter, Leave of absence letter, Income Tax returns)

Once we get married in September, I am planning to sponsor my spouse for PR visa (processing time: 12 months) in September and then reapply for Visitor visa again immediately in September.

After I get married:

• Travel history (Planning to travel to Europe or Australia in September and then reapply)
• Family ties in Canada and in your country of residence (Spouse in Canada, Will include marriage certificate and Wedding photos)
• Purpose of your visit (Purpose: Family Visit)
• Personal assets and financial status (I am planning to sponsor, 20000 CAD in bank account)

Could you please advise on Visitor visa application and how to improve the chances of visa approval when I apply this time.

My questions are:

1. I will be sponsoring my spouse for PR and then reapply for visitor visa in September, Are there more chances for approval if I mention that "I have applied for PR and would not like to jeopardize PR application by overstaying on visitor visa"?
2. What if travel to visa required countries such as US, UK, Schengen countries, Australia, NZ, etc does not happen ? (Either due to lack of funds or time, visa refusal) Does travel to Asian countries help?
3. Can I sponsor her trip? How much funds should I show? How long should I maintain those funds? Also Is it required for her to show funds in her account too?
4. Can lesser trip duration increase the chances of visa approval ? such as 3-4 weeks
5. Can I request GCMS notes? Does it affect when I reapply?
6. Please let me know good Immigration laywers/consultants to seek advice.
7. Is there any way to expedite PR Spouse visa?
   
8. I would like to have Letter of Invitation format please
9. Are there any other visa options? such as Student visa? Is it okay to apply if visitor visa gets refused again.
10. Also if I missed any points, please let know. Thank you very much in advance.

 

[21Goose]

1. No. Her chances of approval are low because IRCC will assume that she will simply stay with her husband till her PR application goes through.
2. No
3. Yes, but it will make no difference. She isn't likely to get a tourist visa because she's marrying a PR - the correct way to come is via sponsorship
4. Maybe, but not by much
5. Yes you can. No it doesn't affect future applications
6. No idea
7. No
8. Google/Search the forums
9. Not really. You can apply but don't be surprised if you keep getting refused.


The best thing to do is to get married and then sponsor her. Yes, it will take 8-12 months, but that is (almost) guaranteed. A TRV in this situation is very difficult to get.

 

[rp5]

Thank you very very much for your response. In the link below, it is mentioned that it is okay travel as a tourist before one gets PR. But as you mentioned chances are low. Shall I give a try ? May be if I convince the officer that she will return to home country on time, by providing employment letter and need for work experience for her Master's degree college admission might help.
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1018&top=16

8-12 months is very long. I hope there is some way we can submit a grievance requesting them to expedite this process. It is very painful. Hope they understand our emotions.

 

[21Goose]

You can certainly try, there is no negative impact to your PR application.

However, I would recommend not trying too many times. You don't want to have 3+ rejections because that will affect visa applications to other countries.

You need to convince them that she will leave. This is the part that's usually hard to do since why would a fiance/newly married spouse leave her partner? If you can convince them, then you can get the visa.

There is no way to submit a grievance. You have to understand that thousands of couples every year go through the sponsorship process - it's the same for everyone. Yes, 8-12 months feels like a long time, but think about how she's going to get permanent status.. this isn't a temporary thing. Canada actually makes it quite easy to get PR for spouses.

The Tourist visa is not intended to be used for a fiance to come into Canada and stay while the PR process goes through. That's a policy decision - IRCC used to have a fiance visa but it was abused and so they removed it. People would pretend to be engaged, come to Canada, and then break-up and vanish.

You are clearly intending to have her come and stay ("very painful.. hope they understand emotions"). I sympathize, but what you're asking for is exactly what IRCC doesn't want for a tourist.

 

[rp5]

Thank you very much for your lightning response. Its really helpful. Last question, Shall I try for Student visa?

 

[21Goose]

Thank you very much for your lightning response. Its really helpful. Last question, Shall I try for Student visa?

? How do you expect to get her a student visa? Is she a bonafide student? Has she been admitted to a Designated Learning Institute? Has she applied for a study permit? Has she shown her finances to be able to pay for school?

Stop trying to game the system. While a simple rejection will not impact your PR application, lying on a visa form carries severe penalties. They can bar her for life if you submit applications that aren't accurate and completely honest.

 

[scylla]

Thank you very much for your lightning response. Its really helpful. Last question, Shall I try for Student visa?

She is not a genuine student. I would not recommend applying for a study permit. IRCC will see through this and refuse her.

If she wants to apply again, apply for a TRV and put together a stronger application. Limit the visit to 2-3 weeks at most.

The most likely outcome of the TRV application is another refusal. Don't apply a third time - applying too much can sometimes harm a PR application.

 

[Bornlucky]

Thank you very much for your lightning response. Its really helpful. Last question, Shall I try for Student visa?

Hi, if you do try and "jump the queue" please share what you try and how many months or years that you add to the processing time of a simple spousal sponsorship application. It would be instructive for other people to learn how having a file investigated adds more time to the life of an application as they set aside your file for review and process those that follow the processing model - where people wait their turn.