+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Cinnamon

Newbie
Aug 4, 2010
1
0
I am a South African citizen and I met my wife in Zambia in 2009. After working in Zambia for a little more than a year, I decided that I wanted to go and visit my at that time girlfriend. New nothing about visas and so on, didn’t even think that I needed a visa to visit her. We realized from the beginning that we were soul mates. After applying for the visa through a visa company recommended by my travel agent, I was denied; on grounds that they didn’t think I was going return. I was going to met her family and spend some time for them.
So that didn’t work, we met up in Ireland (RSA cits don’t need visas for Ireland). After that we knew that we wanted to get married. She then came to stay with me for a couple of months in South Africa. We got married had our ceremony with my family and so on. Her family could not come as the tickets were just too pricey. She then left to go back to Canada as she had to start with a new job and her studies resumed in September 2010. We thought that once we were married I could now apply for the TRV whilst we had applied for the Spousal. But that just takes ages. About a year, and we could not be apart for that long, I mean show me a newlywed couple that can???

We submitted the Spousal visa, and then waited more than a month just for a reference number. In-between all of this we used a visa company, a different one to the one I used in the beginning, they told me that it was better to use a visa company than to do the submission on your own. We were in a dire state and didn’t know what else to do, so we paid them a !@#$ load of money, thinking they could speed things up. In the end all they did was delay the whole process and loose some of our very important and very expensive documents.

So my wife left, and I then applied for the tourist visa, 2 months later. Thinking that I would be going to her for sure. To my utter dismay, they denied my application again. With the same reason as the previous. After we explained to them that we wanted to apply for the TRV while the spousal was in progress. I was going to wait out the time, not work and catch up on lost time with my new family. We obviously didn’t want to be apart for nine months. We had already done 3 months and that was utter hell.

We have spent all our funds and savings on this we have spent close to 10 000 usd on all of this. And we are still nowhere. We are at an utter dead end and don’t have a clue what to do.

When I went in for a TRV, I asked if I could see an interviewing officer or just speak to someone to explain my case. Gave all the documents that they needed and had more than enough proof. I was not going to stay there or work, I was going to come back as I needed to collect my spousal documents back in RSA. Then head back to Canada to start our life there. But that all just fell apart. We are in all plainness devastated. And so are our families. I have done nothing wrong, have no bad track record. Or anything of that sort. I just don’t think that the officer read through the documents, or gave it much thought. I begged them for an interview, but all they said was sorry. That’s it, you can’t talk to anyone. What a pathetic excuse. What do we do now... we can’t be apart for so long?

we have now been apart for more than 3 months again, and its tough.

Can someone please give me some advice?? When this is all past, I most certainly be looking into ways to take this further, I don’t know how, but I’m going to try. I know that we are not alone in this. All my documentation was perfect; I just can’t see why they would deny me to be with my wife. It makes no sense.

Can someone please advise me on what I could do?
 
Cinnamon said:
I am a South African citizen and I met my wife in Zambia in 2009. After working in Zambia for a little more than a year, I decided that I wanted to go and visit my at that time girlfriend. New nothing about visas and so on, didn't even think that I needed a visa to visit her. We realized from the beginning that we were soul mates. After applying for the visa through a visa company recommended by my travel agent, I was denied; on grounds that they didn't think I was going return. I was going to met her family and spend some time for them.
So that didn't work, we met up in Ireland (RSA cits don't need visas for Ireland). After that we knew that we wanted to get married. She then came to stay with me for a couple of months in South Africa. We got married had our ceremony with my family and so on. Her family could not come as the tickets were just too pricey. She then left to go back to Canada as she had to start with a new job and her studies resumed in September 2010. We thought that once we were married I could now apply for the TRV whilst we had applied for the Spousal. But that just takes ages. About a year, and we could not be apart for that long, I mean show me a newlywed couple that can???

We submitted the Spousal visa, and then waited more than a month just for a reference number. In-between all of this we used a visa company, a different one to the one I used in the beginning, they told me that it was better to use a visa company than to do the submission on your own. We were in a dire state and didn't know what else to do, so we paid them a ! @ #$ load of money, thinking they could speed things up. In the end all they did was delay the whole process and loose some of our very important and very expensive documents.

So my wife left, and I then applied for the tourist visa, 2 months later. Thinking that I would be going to her for sure. To my utter dismay, they denied my application again. With the same reason as the previous. After we explained to them that we wanted to apply for the TRV while the spousal was in progress. I was going to wait out the time, not work and catch up on lost time with my new family. We obviously didn't want to be apart for nine months. We had already done 3 months and that was utter hell.

We have spent all our funds and savings on this we have spent close to 10 000 usd on all of this. And we are still nowhere. We are at an utter dead end and don't have a clue what to do.

When I went in for a TRV, I asked if I could see an interviewing officer or just speak to someone to explain my case. Gave all the documents that they needed and had more than enough proof. I was not going to stay there or work, I was going to come back as I needed to collect my spousal documents back in RSA. Then head back to Canada to start our life there. But that all just fell apart. We are in all plainness devastated. And so are our families. I have done nothing wrong, have no bad track record. Or anything of that sort. I just don't think that the officer read through the documents, or gave it much thought. I begged them for an interview, but all they said was sorry. That's it, you can't talk to anyone. What a pathetic excuse. What do we do now... we can't be apart for so long?

we have now been apart for more than 3 months again, and its tough.

Can someone please give me some advice?? When this is all past, I most certainly be looking into ways to take this further, I don't know how, but I'm going to try. I know that we are not alone in this. All my documentation was perfect; I just can't see why they would deny me to be with my wife. It makes no sense.

Can someone please advise me on what I could do?

Have you applied for PR? It is probably best to just get on with it rather than trying to get a TRV. Unfortunately it is just as hard to be apart from a long term spouse as it is to be apart as newlyweds but this seems to be the way the system is designed. If you cant be apart she may need to come to you, but I recommend that you get your application for residency in quickly if you havent already.

Good luck.
 
The main reason they denied you is because you told them you were going to Canada to wait out the PR app. The point of the TRV is to let them know you are not planning to stay in Canada and that you will return home. It is even more difficult to get a TRV if you are married to a Canadian because that gives them more reason to believe you're not planning on returning home. If you apply for a TRV again they need to believe you will return home which is going to be hard to prove at this point. Just get your PR app underway ASAP. If you get the TRV you can't tell them you're planning on waiting out the PR app. Once you're in Canada you can say that if you're seeking an extension.
 
To get a TRV you have to prove you will leave Canada before the visa expires. With a Canadian spouse, it is very hard to get one. There is such a thing as dual intent - where the visa officer is supposed to take into account the 2 reasons you have to go to Canada - but I have never heard of anyone getting a TRV by alerting the visa officer of this rule.
You can't appeal TRV refusals; I read of one case that was successful where the applicant took CIC to court for a judicial review - IMO, this will be a big waste of money, will take a long time, and will not succeed. It would be faster to just wait for your PR application to go through. You've already applied for your PR, I take it, so continue to collect evidence of your contact to show the visa officer at your interview.
If your wife can come visit you while you are waiting, get a lot of evidence of this trip as well for the interview - it is good proof your relationship is genuine.