marriage ??????????????????

[rozel]

thank u so much leon .....

1. i just want to gather up all the facts and put them together ..

so when the visa arrives i go to Canada get my PR card and then return back to India ..... get married after 6 months or more ...... get back alone to Canada within the stipulated time period ..... sponsor my spouse for PR , for which the acceptance procedure would take 3 to 12 months .... and in the mean while i can only make short vacation trips to India ..... once PR of spose comes then she can join me here in Canada.......

Is the set of events acceptable to the immigration people ?

2. i have one more query ..... that my age is 20 years and my father is going to apply now ...... the visa procedure will take some time ...
till then i'll be above 21 ..... is there any thing to worry bout this point ? ..... because i remain a dependent only till 21 ..... will i still be considered as a dependent ?

 

[Leon]

1. Yes, should work out fine.

2. Your age is locked in when your father applies so as long as you do not get married, you are still considered a dependent child until the application has been processed.

 

[rozel]

thank u so much leon .....

so when the visa arrives i go to Canada get my PR card and then return back to India ..... get married after 6 months or more ...... get back alone to Canada within the stipulated time period ..... sponsor my spouse for PR , for which the acceptance procedure would take 3 to 12 months .... and in the mean while i can only make short vacation trips to India ..... once PR of spose comes then she can join me here in Canada.......

being married to a PR, is it not possible that my spouse accompanies me to Canada right away after marriage ? and then apply for spouse PR ...... because i learned it from some posts, in some cases where u are accompanied by a family member who is not a PR .... the immigration people allow the person to stay for 6 months or so ....?

thanks a lot Leon for your valuable response as it has cleared out so many confusions........ thanks for the help again .....

 

[Leon]

If she needs a visa to go to Canada, having a PR husband will not change that. She will need to apply for a visit visa. Applying for a visa to go to Canada with a PR husband will likely be refused since they don't believe she will be staying temporarily but who knows, it's worth a try. Some embassies are very difficult and some might be more lenient.

 

[rozel]

thanks Leon ....

 

[toby]

Leon, you are right in surmising that a "visitor" visa would probably not be granted to someone who has a PR husband in Canada.

But how does this jibe with "dual intent", i.e. the official policy to consider seriously applications for temporary visas where the applicant clearly intends to reside in Canada in the future (if his or her application for residency were to be granted)?

To me, this is an empty policy; the Visa Officer (VO) has unrestricted latitude to suspect that the Temp visa applicant will not return to mother country at the end of the Temp visa period, and therefore to deny the temp visa. The Law is quite vague about how the VO is to reach his conclusion. An applicant can have assets, house, family, even a job in the mother country, but if he/she is ready to forsake all to come to Canada as a PR, then how strong can those ties be? And the VO is free -- and often does -- conclude that the applicant does not have sufficient ties to the mother country to justify awarding a temp visa.

What is galling about this immense latitude for subjective judgment is that the VO is not obligated to provide any rationale for the decision -- just the arbitrary decision itself.

I wonder if ordering the CAIPS notes would help understand the decision? Does the VO have to justify his or her reasoning in the notes?

 

[Leon]

For dual intent, you can get a visit visa even though it is known that you are pursuing PR but you would still have to prove that you are staying in Canada temporarily and will return after your visit (unless your PR comes through first I guess). Sometimes it's granted.

There have been people who were in the situation of sponsoring their spouse and the spouse was allowed to visit them during the processing.

There have also been people who were in the situation of living in a foreign country with their foreign spouse and could for the life of them not get a visit visa for their spouse to come with them to visit Canada for a vacation. It completely depends on the embassy.

 

[toby]

That's my situation: I live with my wife in China while we wait, and would have liked to visit for a month or two so she could meet my family.

Actually, I'd have thought on the face of it that living together abroad makes it somewhat more likely the visitor will return to the home, since that is where the home is for now. In contrast, if the visitor is coming to Canada to see hubby, already settled in Canada, the temptation to overstay the visa would be greater. But many aspects of this process seem illogical to me.

Back to one of the main points: will the VOs reasoning be detailed in the CAIPS notes -- some real reason other than mere suspicion, I mean)?

 

[Leon]

They will give you a reason like "applicant failed to show strong ties to home country" or "not convinced that applicant will return to home country". They do not have to prove anything to say no. You have to prove to them to make them say yes.

I also think it would be easier to get a visit visa for your spouse if you are both living overseas. Then you can both prove that you have jobs and a home and you will both return there after your visit. The lady whose husband kept getting denied for visit visas was in Thailand and she said the embassy there was very difficult.

 

[toby]

They will give you a reason like "applicant failed to show strong ties to home country" or "not convinced that applicant will return to home country". They do not have to prove anything to say no. You have to prove to them to make them say yes.

Thanks, Leon.

Are you sure about he CAIPS notes? I was going to order them, but if all they will do is re-state the conclusion, not the reasoning, then the notes won't help me understand why the VO is concerned that she might not return to China after the Canada visit.

 

[Leon]

No, I am not sure about the CAIPS notes. They may include something you didn't know. You should order them to satisfy our curiousity.

Some embassies are just very difficult to convince. I heard of a woman in the Philippines being denied a visit visa for lack of ties to her home country even though she was leaving her 4 yo. child behind.

 

[toby]

I am ordering the CAIPS notes out of curiosity -- and self interest.

I'll report on this issue separately when I have the notes in hand.

 

[rozel]

when i (pr) apply for the sponsoring spouse..... do i need to reside in Canada for sponsoring her?... or can i just reside in my home country ....???

because there was something written at cic site about pr being able to sponsor spouse from outside Canada .......

http://www.cic.gc.ca/english/information/applications/menu-immigrate.asp

 

[steaky]

You need to reside in Canada in order to sponsor her. Only Canadian citizen can sponsor spouse outside the country.

 

[rozel]

thanks steaky ......

but in these following links its mentioned that for both pr and citizen ....?

http://www.cic.gc.ca/english/information/applications/menu-outside.asp

http://www.cic.gc.ca/english/information/applications/fc.asp