Outland Spousal Sponsorship refused

[brymoya]

Hello everyone,

I am seeking advice regarding a Spousal Sponsorship refusal.

My Situation​

• I am a Canadian citizen by birth who has resided in Costa Rica for over 30 years.
• I am married to a Costa Rican woman, and our 13-year-old daughter holds Canadian citizenship by descent (certificate was shared to them).
• We need to move to Canada as a family for the sake of our daughter’s education and safety since Costa Rica has become a dangerous place in the last decade.

The Refusal​

• I submitted an outland Spousal Sponsorship application for my wife, which was refused after a 3-year wait.
• The Visa Office in Mexico stated that I failed to demonstrate the necessary intent to reside in Canada, citing a lack of "concrete steps" (such as a job search or property liquidation).
• I mean, in their refusal letter stated that I could reapply when I (the sponsor). relocate to Canada ? (That's ridiculous, so what's the point of the outland Spousal Sponsorship then!? Isn't Canada a place that wants the family together?

My Counter-Evidence​

• I own no real estate to sell. My only asset is a car, which I have documentation to show I will sell to my in-laws.
• I hold a remote job which gives me a decent annual income, casually my current employer has a branch in Toronto. My managers have pre-approved my relocation/transfer, contingent only on the company not having to incur immigration expenses for my wife.
• I do still have relatives in Canada that will act as a support chain and will help us settle down I Canada as soon as we arrive
• We have no criminal records
• I mean, I am a Costa Rican citizen as well, I can't simply get rid of everything I have without the certainty that my wife's application will be approved.

Next Steps & Assistance Needed​

• I submitted an appeal and received their acknowledgment.
• The appeals office has advised that they will first send me the documents that supported Mexico visa's office refusal decision.
• Once I receive this evidence, I must prepare my formal case.

Do you have any suggestions on how I should prepare my case?

 

[Naturgrl]

You want to show that you will reside in Canada so:

- Signed lease or buy a house (place to live)
- Job letter from employer that you will be working in Canada
- Canadian bank account
- Canadian Investment accounts
- Enrolment of child in school

Your counter evidence doesn't show that you are actually moving to Canada. If moving for education of child then best to get a lease on a rental and then register your child in the catchment area if going to a public school.

 

[canuck78]

Hello everyone,

I am seeking advice regarding a Spousal Sponsorship refusal.

My Situation​

• I am a Canadian citizen by birth who has resided in Costa Rica for over 30 years.
• I am married to a Costa Rican woman, and our 13-year-old daughter holds Canadian citizenship by descent (certificate was shared to them).
• We need to move to Canada as a family for the sake of our daughter’s education and safety since Costa Rica has become a dangerous place in the last decade.

The Refusal​

• I submitted an outland Spousal Sponsorship application for my wife, which was refused after a 3-year wait.
• The Visa Office in Mexico stated that I failed to demonstrate the necessary intent to reside in Canada, citing a lack of "concrete steps" (such as a job search or property liquidation).
• I'm their refusal they stated that I could reapply when I (the sponsor). relocate to Canada ? (That ridiculous, so what's the point of the outland Spousal Sponsorship then!? Isn't Canada a place that want the familia together?

My Counter-Evidence​

• I own no real estate to sell. My only asset is a car, which I have documentation to show I will sell to my in-laws.
• I hold a remote job which gives me a decent annual income, casually my current employer has a branch in Toronto. My managers have pre-approved my relocation/transfer, contingent only on the company not having to incur immigration expenses for my wife.
• I do still have relatives in Canada that will act as a support chain and will help us settle down I Canada as soon as we arrive
• We have no criminal records
• I mean, I am a Costa Rican citizen as well, I can't simply get rid of everything I have without the certainty that my wife's application will be approved.

Next Steps & Assistance Needed​

• I submitted an appeal and received their acknowledgment.
• The appeals office has advised that they will first send me the documents that supported Mexico visa's office refusal decision.
• Once I receive this evidence, I must prepare my formal case.

Do you have any suggestions on how I should prepare my case?

If you want the best chance of your appeal getting approved move to Canada with your child, register them in school, sign a lease on a home, establish roots, etc. You have been gone for 30 yrs, have minimal ties or proof you will return to Canada permanently, etc. If your job is remote transferring to Toronto office means very little in terms of proof of relocation. Are you even moving to Toronto? Not ideal but if the goal is your daughter’s education and safety a brief family separation is worth it.

 

[brymoya]

You want to show that you will reside in Canada so:

- Signed lease or buy a house (place to live)
- Job letter from employer that you will be working in Canada
- Canadian bank account
- Canadian Investment accounts
- Enrolment of child in school

Your counter evidence doesn't show that you are actually moving to Canada. If moving for education of child then best to get a lease on a rental and then register your child in the catchment area if going to a public school.

Thank you for taking the time to assist me with this matter; I genuinely appreciate your help.

I think I can handle almost everything on your list:

• Job Letter: I can ask my boss to send a letter showing I might be able to move my job there.
• A Place to Live: I do have a place to stay right when we land. My uncle's house is at our disposal us stay with him until we find our own place, we plan to buy a house though. (Site note: My uncle is a Canadian Citizen)
• Bank Account: I already have a Canadian bank account with TD bank, I guess we should show sufficient funds to demostrate we are able to manage our expenses.
• School Question: How do I sign my daughter up for school if she's still here in Costa Rica? Is that something I can do now?

---

On the other hand, They only gave me 30 days after the refusal letter to submit the appeal. I already sent it in, and they acknowledged it, saying they'll send me the documents that explain the refusal by January 12th. Once I get those, I can finally prepare the whole case.

 

[canuck78]

Thank you for taking the time to assist me with this matter; I genuinely appreciate your help.

I think I can handle almost everything on your list:

• Job Letter: I can ask my boss to send a letter showing I might be able to move my job there.
• A Place to Live: I do have a place to stay right when we land. My uncle's house is at our disposal us stay with him until we find our own place, we plan to buy a house though. (Site note: My uncle is a Canadian Citizen)
• Bank Account: I already have a Canadian bank account with TD bank, I guess we should show sufficient funds to demostrate we are able to manage our expenses.
• School Question: How do I sign my daughter up for school if she's still here in Costa Rica? Is that something I can do now?

---

On the other hand, They only gave me 30 days after the refusal letter to submit the appeal. I already sent it in, and they acknowledged it, saying they'll send me the documents that explain the refusal by January 12th. Once I get those, I can finally prepare the whole case.

If it’s a remote job a note from your employer isn’t wrong proof of relocation. Can’t hurt but if remote won’t help that much. Staying with your uncle is not very strong proof of relocation either. If you have had a longterm account with TD that also means very little in terms of showing plans of relocating to Canada. You can’t register your child for public school until you move to Canada.