Does TRV help or hinder PR Application ?

[Liuzhou]

I would like the forum's opinion on applying for a Visitor Visa while a PR is in process...

I get a lot of conflicting answers.

Some consultants I have talked with said applying for a TRV while a PR is in process is a good thing because it shows that your spouse is trying to visit you. It can actually add evidence to the genuineness of the relationship. Others say it is a bad thing, because the VO may think "What is your hurry..? Why are you trying so hard to get into Canada..?"

One thing that is common however, is that most people believe the TRV will be refused because the applicant can not prove s/he will return to their home when the TRV expires.

Personally, if I was a VO I would wonder why a couple would be married and the spouse would not even try to visit (especially when delays coming out of HK are over 7 months.) A response of "Well people told me it would be difficult, so I didn't try", would not be a very good excuse to me.

It bothers me that the rule book under "Dual Intent" allows for a TRV to be issued while a PR is in process, but since the two type of Visa's are conflicting in nature, the VO usually chooses the requirements for the TRV instead of the allowance for Dual Intent with the PR. I suppose I can understand why for people with illegitimate reasons..but it ruins it for the rest of us...

My thought is that all my wife and I have to lose is the $75 processing fee. If they say yes, great...my wife can join me for a month or two while we wait for the PR to be processed. If they say no, it can add strength to the validity of our PR application, then we just go back to the waiting...

My only concern is whether or not there is any truth to some comments I have heard that applying for a TRV with a PR in process can slow down the PR process, or even worse, cause suspision and raise a flag for an interview.

Thoughts ?

 

[jambaloni]

Re: PMM - Does TRV help or hinder PR Application ?

You know, I've thought about that, too, but to be honest if I had my wife here I doubt very much I could let her go back. I would keep her here and change the application to inland. I think a lot of people would do that. Hence, I doubt they would approve a TRV. I'd rather be with her and wait 2 or 3 years than without her and wait 6-8 months.

I have a feeling that it's very difficult to get a TRV when you are already in process of sponsoring her. The assumption would be that she's not going to go back. I sorta doubt that refused TRVs provides any proof at all to them of a genuine relationship.

 

[Leon]

Re: PMM - Does TRV help or hinder PR Application ?

You can apply for a TRV while the PR application is in process. When they know you have a PR application going, they know if there is an interview, the spouse will have to go for it so the risk of them overstaying is less.

 

[Suin]

Re: PMM - Does TRV help or hinder PR Application ?

just curious, whether the TRV refusal while the sponsorship application is in process can create the problems for all the sponsorship process?

 

[dentistusa]

Re: PMM - Does TRV help or hinder PR Application ?

You can apply for a TRV while the PR application is in process. When they know you have a PR application going, they know if there is an interview, the spouse will have to go for it so the risk of them overstaying is less.

Ok Leon,,

but what it there will not be interview and it is very common too.?

 

[Leon]

Re: PMM - Does TRV help or hinder PR Application ?

If there is no interview, it's because you are approved without it and then you don't have to leave anyway.

 

[Boncuk]

Re: PMM - Does TRV help or hinder PR Application ?

Just out of curiousity wouldn't they have to return to get the visa put in their passport and officially land?

 

[Leon]

Re: PMM - Does TRV help or hinder PR Application ?

Yes but at that time, they already have the PR visa and have been approved. That would not be a good reason to tell a visa officer for why he should give you a TRV. You need to convince the visa officer that you will leave even if your PR is not approved.

 

[Boncuk]

Re: PMM - Does TRV help or hinder PR Application ?

Gotcha

 

[MARLENA]

Re: PMM - Does TRV help or hinder PR Application ?

I'm the one who is sponsoring my husband which he was granted 3 times TRV to come and visit before. Since he is waiting for his PR application I rather go and visit him and not taking the chance that he could be rejected for his TRV or even having a Red Flag on his application while it is in process.

 

[Liuzhou]

Re: PMM - Does TRV help or hinder PR Application ?

According to CIC, the refusal of a TRV has no impact on the PR since the decision making process to grant each one is different....this does not generate a "Red Flag".

My wife and I sent in a TRV request last week, and it is now in process (or at least I know they took my money...since I see the charge on my credit card....they are very fast at taking the money..!)

Personally, even if refused the TRV, I see this is a great opportunity to send in more proof that was not available at the time of the PR application. For exapmple, I have been sending money to her every month, we have more phone bills, emails, chat records, to show we have been maintaining contact since the our honeymoon.

I am more worrried about my wife, since I am sure she will be terribly dissapointed if the TRV is refused.

It's hard for me to explain to her Canada is a great and wonderful country, but she is not good enough to come visit her husband.

From what we hear, I am expecting a 99% chance of refusal. The 1% possibility, plus the benefit of sending new information that I believe will strengthen our PR application, was worth the $75.

They will no doubt look at our PR since I refer to it on the TRV and asked for allowance under Dual Intent. My hope is they will merge the 2 together and she will get her PR quicker.

 

[frolic]

Re: PMM - Does TRV help or hinder PR Application ?

It bothers me that the rule book under "Dual Intent" allows for a TRV to be issued while a PR is in process, but since the two type of Visa's are conflicting in nature, the VO usually chooses the requirements for the TRV instead of the allowance for Dual Intent with the PR.

Dual Intent allows you to APPLY for a TRV while you have a PR application in process, it doesn't mean that the TRV will be issued. You still have to meet the requirements of the TRV rules or they won't grant you that visa. There is no "allowance" for a TRV because of Dual Intent, it is only an allowance to apply.

 

[Suin]

Re: PMM - Does TRV help or hinder PR Application ?

yes, I do agree, but even all the requirements are met they still do not issue visa

 

[Liuzhou]

Re: PMM - Does TRV help or hinder PR Application ?

Frolic,

Well d'uh !! You are just playing with words. Of course it means one can apply and it is not a guarantee of acceptance. Anyone can apply for any type of visa too, but unless they meet the requirements they will be refused. I think that is just common sense.

However, Section 5.4 of the OP11 manual that the IO's are "supposed" to be using states this:

5.4. Dual intent
An intention by a foreign national to become a permanent resident does not preclude them from
becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of
the period authorized for their stay [A22(2), R183]. The person's desire to work, study or visit in
Canada before or during the processing of an application for permanent residence may be
legitimate. An officer should distinguish between such a person and an applicant who has no
intention of leaving Canada if the application is refused.

An officer should also keep in mind:
• the time required to process an application for permanent residence, because the length of time will affect the applicant's means of support;
• obligations at home; and
• the applicant’s likelihood of leaving Canada if the application is refused.

My point is that since none of the above can ever be proven with 100% certainty, most IO's just refuse the TRV. It also seems apparent that the only question the VO want's satisfied is whether the applicant will return home. This can never be proven. Even with ten million dollars in the bank, how can that prove a foreign national will return home when the visa expires ? They could just stay in Canada, get their PR and go back and get their money later....that's why they invented banks.

That being the case, they should remove 5.4 from the operators manual if it can never be applied. A spouse that want's to spend some time with their spouse in Canada while waiting months and months for paperwork to be processed, is not considered legitimate even though the Federal Government claims that reuniting families is their top priority, and there is even a provision to allow for it...Bull plop !

That is why it bothers me.

 

[frolic]

Re: PMM - Does TRV help or hinder PR Application ?

Ok then really all you are complaining about is the fact that the TRV requirements are hard to prove. Dual intent has nothing to do with it really except for the fact that a PR application does not automatically result in you being denied a TRV which gives you the chance to apply.

Of course the return home is the most important to them, the other requirements are easy to prove and examine. My wife got a TRV to visit in December...of course she had her son and job at home to go back for. Plus our PR application was already beyond the sponsorship approval so they knew she would have to return to complete the processing for that as well. She also had shown at least one trip out of the country and then returned in her passport. With all that she was given the TRV.