Reply: Port of Spain Office, Trinidad and Tobago
CanadianVincy said:
Hey Cdnandtrini
I actually just looked at MissDominicas posts and she reapplied after getting denied at the interview. I'll tell u my story. My timeline is on the side. I appealed after my husband got denied because VO felt like our relationship wasn't genuine. So I hired a lawyer got a court date on Nov 24 and it was suppose to be a full hearing. When I got there literally the judge looked at the case and allowed it. He didnt even ask me or the lawyer any questions. He just said this is a genuine relationship.
So now I just wanted to know how long it will take for my hubby to get ppr. My lawyer told me to apply for a TRP (temporary residents permit) because I have a sick 1 year old. My son was born with kidney issues (his right kidney is bigger than his left). It is very easy for him to get infections. He had surgery at 1 month old for a different reason. Currently he has 3 small kidney stones and numerous UTI’S. I've been in the hospital with him every single month since he was born.
Now that my Mat leave is over and I have to work, I know that they won't allow me to take my son to his appointments and I don't want to get fired. So I'm not sure if POS will give us a TRP so my hubby can take care of my son and I work.
BTW my son is me and my hubby's 1st child. The VO that interviewed my hubby knew that we had a baby and knew he was sick but still denied my hubby.
Hello CV and so sorry to hear about your son and the appalling :'( way the VO treated your initial application. It is truly terrible to have a sick baby and then all of this other stuff on your head. I will say some extra prayers for you, your son and your husband. As far as the matter of a temporary resident permit (TRP) for your husband goes, your lawyer might need to get up to speed on the advice she/he is offering. A TRP is only granted in the following situations:
"An inadmissibility or non-compliance
Inadmissibility: means there is a medical condition, recent or past criminal conviction(s), financial concern(s), you misrepresented information in your application or there are serious criminal concerns that cause you to be inadmissible under the Act and prevent you from entering or remaining in Canada without a TRP.
Non-compliance: means you directly or indirectly failed to satisfy the requirements of the Act or Regulations. Some examples are as follows:
•you were not examined when you entered Canada;
•you did not obtain a temporary resident visa (TRV);
•your visa expired before you entered Canada;
•you did not have a passport or it expired before you entered Canada;
•you overstayed your period of authorized stay; or
•you worked or studied without authorization (a permit)."
I would e-mail the above to your lawyer and see how they respond.
So unless your husband falls into one of the above scenarios a TRP is not viable. You could certainly apply for a TRV (temporary resident visa) for him; however, I do not want you to get your hopes up because they are generally refused for most people with a spousal application in process.
Even though CIC has some guidelines in place for what is called "dual intent" (see link below) it could still be difficult to get approved.
http://www.cic.gc.ca/english/resources/tools/temp/visa/dual.asp Supposedly they consider TRVs for people with permanent applications in process according to their own rules, I just have not seen it happen very often for spouses.
However, it cannot hurt to try so if it was me, I would still try for the TRV and I would use some of the language stated on CIC's website (again see the link above) to argue my case. Dual intent is specifically used for people who do have an application in process but still want to come to Canada
to visit while the permanent application is in the queue.
If you or your husband are any good at paperwork then you can apply online via CIC's website. All you need to do is to organize and compile all of the information up front, have access to a computer and decent scanner and be able to pay by credit card. They do ask for a lot of information (as usual :-[) - personal, financial, educational, family, detailed letter of invitation, valid passport and in your case, a detailed letter of explanation regarding your son's medical needs, doctor's letter, etc.
The good thing is though, that it can all be done a lot more quickly than the spousal app. and you go through a mini eligibility questionnaire first that will tell you what documents are required. I am up to speed on this one because I just submitted TRVs for my step-children and they all got approved with passports ready to pick up in 8 days from start to finish. This was
after I spent almost 6 weeks organizing their paperwork though, so keep that in mind.
Hold onto the hope that your 2nd application should be processed faster and if you do not mind me asking - did you do your first application yourself or did the aforementioned lawyer submit it on your behalf? And do you have to submit an entirely new application or did you get some kind of special number or letter from immigration after your appeal was allowed to submit with your 2nd app?
Blessings.
p.s. I just found another POS applicant from 2014 (think the husband was from Grenada) who was denied and won their appeal, and they were reprocessed by POS VO within 5 months. So again, it seems you will get through in a shorter amount of time but I would still apply for a TRV. The fee is $100.00 plus whatever the charge for a courier and I think the Visa Application Centre (VAC) charges another $21.05 on top of that for delivery of passport. (You may want to confirm this one).
