Chinese Wife Denied Visa

[eg84]

Hello everyone, thanks in advance for your time and assistance.

Not sure what to do. I am a Canadian born citizen and my wife is Chinese. We met in July 2016 and married in Dec 2018. My wife and I were living in Hong Kong when the borders got shut in February. She got stuck in the mainland and I came to Canada in April in case the pandemic got worse.

We spoke to some agents and they said it will probably faster to get a travel visa rather than go through the spousal sponsorship. So we went with the visa and after 2.5 months waiting, we got a letter saying it was denied because;


• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your family ties in Canada and in your country of residence.
• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on the purpose of your visit.
• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your personal assets and financial status.


She had $8k USD in her account when we applied. I honestly believe they deny her because they worry we will file for spousal sponsorship while she is in Canada allowing her to stay longer. However if this is the case, what is the actual problem or difference? She is my wife and my life. What a sick twisted joke of a world we live in that she can't visit me, her husband because they're afraid she will file for papers to stay longer. In the end of the day, it is inevitable she will come to Canada and join me. Whether it is in 3 months or 12 months or now because covid, it may be years if the spousal sponsorship process doesn't change. However at the end of the day, what difference does it make? Makes you wonder if this is about closing loopholes from people that cheat the system or if the system was made to put people through a mental hell.

Is there any advice in what we can do herein? Appreciate all your help and wish all those can be together with their families as soon as possible.

 

[Buletruck]

It’s not uncommon for spouses to be denied a trv for the simple reason they are not visitor and intend to remain through sponsorship. While not illegal to do so, it does go against what a trv is actually for.

 

[canuck78]

Hello everyone, thanks in advance for your time and assistance.

Not sure what to do. I am a Canadian born citizen and my wife is Chinese. We met in July 2016 and married in Dec 2018. My wife and I were living in Hong Kong when the borders got shut in February. She got stuck in the mainland and I came to Canada in April in case the pandemic got worse.

We spoke to some agents and they said it will probably faster to get a travel visa rather than go through the spousal sponsorship. So we went with the visa and after 2.5 months waiting, we got a letter saying it was denied because;


• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your family ties in Canada and in your country of residence.
• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on the purpose of your visit.
• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your personal assets and financial status.


She had $8k USD in her account when we applied. I honestly believe they deny her because they worry we will file for spousal sponsorship while she is in Canada allowing her to stay longer. However if this is the case, what is the actual problem or difference? She is my wife and my life. What a sick twisted joke of a world we live in that she can't visit me, her husband because they're afraid she will file for papers to stay longer. In the end of the day, it is inevitable she will come to Canada and join me. Whether it is in 3 months or 12 months or now because covid, it may be years if the spousal sponsorship process doesn't change. However at the end of the day, what difference does it make? Makes you wonder if this is about closing loopholes from people that cheat the system or if the system was made to put people through a mental hell.

Is there any advice in what we can do herein? Appreciate all your help and wish all those can be together with their families as soon as possible.

You were given bad advice. A TRV was going to be very difficult to get especially in her situation where she is not in her longterm home in HK and it doesn’t seem like she is is currently employed. She has no incentive to return to China and will remain in Canada. Canada wants relationships examined before people enter Canada to prevent fraud. In many provinces spouses are not entitled to healthcare until they are PRs so that also Often becomes an issue.

 

[steaky]

The whole story doesn't make sense.

First, you said you and your wife got married in 2018. Did you apply her to be Hong Kong resident right after that? If she is your life, why would you leave her to come to Canada in April, while she stuck in the mainland? Shouldn't you stay with her in the mainland?

 

[steaky]

You were given bad advice. A TRV was going to be very difficult to get especially in her situation where she is not in her longterm home in HK and it doesn’t seem like she is is currently employed. She has no incentive to return to China and will remain in Canada. Canada wants relationships examined before people enter Canada to prevent fraud. In many provinces spouses are not entitled to healthcare until they are PRs so that also Often becomes an issue.

The Hong Kong home might not be their longterm home. The wife got stuck in the mainland, which means she probably is not a Hong Kong resident and therefore cannot return to Hong Kong. The couple probably maintains another residence in the mainland. Therefore, they should have apply their visa from the mainland (example Shanghai) and use their mainland address.

 

[canuck78]

The Hong Kong home might not be their longterm home. The wife got stuck in the mainland, which means she probably is not a Hong Kong resident and therefore cannot return to Hong Kong. The couple probably maintains another residence in the mainland. Therefore, they should have apply their visa from the mainland (example Shanghai) and use their mainland address.

It sounds like they were both living and at least he was working in HK. Would say there is a good chance she got stuck visiting relatives in mainland China. They decided to move to Canada and hadn’t realized that she would be unable to join him in Canada easily.

 

[chotemiya3]

Hello everyone, thanks in advance for your time and assistance.

Not sure what to do. I am a Canadian born citizen and my wife is Chinese. We met in July 2016 and married in Dec 2018. My wife and I were living in Hong Kong when the borders got shut in February. She got stuck in the mainland and I came to Canada in April in case the pandemic got worse.

We spoke to some agents and they said it will probably faster to get a travel visa rather than go through the spousal sponsorship. So we went with the visa and after 2.5 months waiting, we got a letter saying it was denied because;


• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your family ties in Canada and in your country of residence.
• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on the purpose of your visit.
• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your personal assets and financial status.


She had $8k USD in her account when we applied. I honestly believe they deny her because they worry we will file for spousal sponsorship while she is in Canada allowing her to stay longer. However if this is the case, what is the actual problem or difference? She is my wife and my life. What a sick twisted joke of a world we live in that she can't visit me, her husband because they're afraid she will file for papers to stay longer. In the end of the day, it is inevitable she will come to Canada and join me. Whether it is in 3 months or 12 months or now because covid, it may be years if the spousal sponsorship process doesn't change. However at the end of the day, what difference does it make? Makes you wonder if this is about closing loopholes from people that cheat the system or if the system was made to put people through a mental hell.

Is there any advice in what we can do herein? Appreciate all your help and wish all those can be together with their families as soon as possible.

Unless you can show strong ties(which it still depends if it is enough to convince the case officer), your best option would be to file for an Outland Spousal Sponsorship of PR after which you can apply for a TRV again.

 

[canuck78]

TRV approval doesn’t increase after you apply for sponsorship but another TRV application won’t hurt your spousal sponsorship application. Agree that sending in your sponsorship application needs to be your #1 priority.