Questions regarding visitory visa from Islamabad for sponsored spouse

[invincible786]

theshaikh,

Thanks for the reply.

So you suggest that I should apply for sponsorship ASAP but at the same time you also think that it will negatively impact her application for a temporary work permit. But aren't majority of the people here in a similar situation? i.e., they have already filed a sponsorship application and are trying (or have successfully gotten) a TRV for their spouse. Also, after a PR application is in place and you apply for a temporary visa, you can show "dual intent". By doing that it seems that an officer cannot deny a TRV application solely based on a PR application in place. Rather it seems that having a PR application in place can actually restrict officers not to use family ties to reject TRV applications. Of course, he/she can still reject it stating other reasons for believing that the applicant will not leave Canada at the end of the period authorized. Below is the relevant excerpt from official operational bulletin about dual intent.

Possible scenarios

1. An applicant applies for a study permit to study in Canada; they also have a permanent resident application in place. The fact that the applicant also has an application to permanently reside in Canada with their spouse does not establish that they would not leave Canada at the end of the period authorized for their study permit as required under R216(1)(b). IRPA expressly allows the applicant to simultaneously seek permanent resident status and temporary resident status.

2.An applicant applies for a temporary resident visa (TRV) to visit Canada but is denied solely because they have a family class application for permanent residence in process. In the refusal letter, the officer states that because the applicant is pursuing permanent residence, the officer is not satisfied that the applicant will leave Canada at the end of the period authorized as required by A20(1)(b). The officer has made an error. A22(2) precludes denying an application for temporary status on the basis that there is an outstanding permanent resident application, if the officer believes that the applicant will leave Canada at the end of the period authorized for their stay. If the permanent resident application is finalized after the issuance of the TRV, the applicant would be authorized, on the basis of the permanent resident visa, to remain in Canada.

Again, going back to my question: Should I file a PR sponsorship when I know that I will be filing a Temporary Work Permit (TWP) for my wife very soon?

Also, does anyone here know how long is it taking for CHC-ISB to process TWP applications?

Finally, does anyone here have any clue as to what will happen if I file the sponsorship application now, and say in a year have to leave Canada due to work? Does the sponsor absolutely have to be in Canada during the entire duration of the sponsorship application? Which luckily for us Pakistanis, is a pretty long while?

@ invincible

-You should apply for the sponsorship process ASAP. The timelines seem to be slimming down, and it is the best way to get your wife PR status in Canada.

-Applying for the sponsorship will probably negatively impact her work permit. This is because from what I have seen, if your spouse has a sponsorship application in the process, then they usually do not grant temporary status, be it a TRV or Work Permit.

-There is definitely a higher chance of getting a STUDENT VISA if she gets an offer letter from your Uni.

-If you choose to apply for the TRV again, show Income, and assets. Show your t4, and tax assessment. If you do not work in Canada, then you need to show assets in an offshore account if possible. Make the purpose of your visit strong, she needs to show a clear reason, show bank statements from your wifes accounts and your accounts showing ~10k CAD for every 2 weeks of stay. Get her pay stubs from her work, show that she will be returning to Pakistan because she has only taken x weeks of vacation.
I am not sure what you can do to improve her travel history. I had the same problem, so I took my wife for our honeymoon and she got some stamps on her passport.

-In your case, its not entirely necessary to start talking to a lawyer, but if you want to get some help, by all means talk to some lawyers or immigration consultants.

 

[theshaikh]

Hey Invincible,

Yes, dual intent is a process whereby an applicant who is already in the family class sponsorship process can apply for temporary status in Canada. This process is simpler for European/American/South American citizens, as their dual intent applications seldom get rejected.
However, dual intent applications are overwhelmingly rejected by CIC-I. These statistics are known by immigration consultants/lawyers and you can consult with them. Unfortunately if the applicant is Pakistani, they will face difficulties with their dual intent application being accepted. Ofcourse, there are applicants who get their TRV applications accepted, but these are a very select few in hundreds. My wife is applying for the TRV based on dual-intent, but I know that our chances are slim.

That being said, I think that if your application is strong and you have all the basis covered which are:

Ties to home country (prove that you have a reason to return, either job or school)
Financial support during visit (show all bank statements/assets)
Proofs to show legitimate marriage (if you declare your marriage)
Strong notarized invitation letter and affidavit

You have a better chance than many.


Also, do not delay submitting the spouse sponsorship application, this is because I know a lot of people who have tried other means of getting their spouse here and then get a civil marriage done. They ran in circles of applying/getting rejected for a few 3 month stints, finally gave up and went through the family sponsorship route.

Atleast you will know that your clock has started ticking once you get your application in.

Hope this helps my friend.

theshaikh,

Thanks for the reply.

So you suggest that I should apply for sponsorship ASAP but at the same time you also think that it will negatively impact her application for a temporary work permit. But aren't majority of the people here in a similar situation? i.e., they have already filed a sponsorship application and are trying (or have successfully gotten) a TRV for their spouse. Also, after a PR application is in place and you apply for a temporary visa, you can show "dual intent". By doing that it seems that an officer cannot deny a TRV application solely based on a PR application in place. Rather it seems that having a PR application in place can actually restrict officers not to use family ties to reject TRV applications. Of course, he/she can still reject it stating other reasons for believing that the applicant will not leave Canada at the end of the period authorized. Below is the relevant excerpt from official operational bulletin about dual intent.

Again, going back to my question: Should I file a PR sponsorship when I know that I will be filing a Temporary Work Permit (TWP) for my wife very soon?

Also, does anyone here know how long is it taking for CHC-ISB to process TWP applications?

Finally, does anyone here have any clue as to what will happen if I file the sponsorship application now, and say in a year have to leave Canada due to work? Does the sponsor absolutely have to be in Canada during the entire duration of the sponsorship application? Which luckily for us Pakistanis, is a pretty long while?

 

[theshaikh]

Thanks Lucky, luckily I have all also included all the things you suggested. I am keeping my fingers crossed.

Hello,
Ties and Travel History.

Provided them with:
- my ties to the country like property in my name, frequent visits to Pakistan and my all family is in Pakistan.
- a letter of recommendation by MP from Canada.
- almost $20,000 in my wife's account.
- an affidavit of support by my father for my wife. (proving ties)
- a cover letter, providing a rebuttal for each objection.
- phone call records (my canadian bills and her skype bills)(proving ties b/w us)

let me know if you need further help.

 

[theshaikh]

Babbi, the clock is ticking and we are inching closer towards a response from CIC-I.
We should be hearing from the High Commission in the next few weeks iA.

@ theshaikh and shah12

i submitted each and every documnet(orignal) medical also.
in this letter they written that they starts working on my application and need additional documents and as i send them documents they agian contact me for medical and passport.
so luckily my husband visited after he received AOR so i send them airticket photocopy and pictures which they want.

 

[invincible786]

Hi theshaik,

Thanks again for a detailed reply.

While I agree that PR is the best way to bring your spouse to Canada but for us Pakistanis it's not the fastest way. If official timelines are to be taken as true, 82 days plus 26 months is a very long time! So like many on this forum, I am trying to find a short term way of bringing my wife here. Whether it works or not, is another story altogether.

So as you suggested, I consulted with a lawyer. They seem to think that since my wife already applied for a TRV and got refused, chances of success of another TRV application (even for a work permit) are very slim. In fact, the lawyer suggested that I should apply for PR and then file a TRV application with dual-intent, which according to the lawyer has much more chances of success, though obviously 100% success is never guaranteed. If this is true then your wife's application has a much better chance, Insha`Allah.

The question is: should I be listening to this lawyer and go for PR and then TRV with stronger documentation (thanks for the suggestions here too)?

Hey Invincible,

Yes, dual intent is a process whereby an applicant who is already in the family class sponsorship process can apply for temporary status in Canada. This process is simpler for European/American/South American citizens, as their dual intent applications seldom get rejected.
However, dual intent applications are overwhelmingly rejected by CIC-I. These statistics are known by immigration consultants/lawyers and you can consult with them. Unfortunately if the applicant is Pakistani, they will face difficulties with their dual intent application being accepted. Ofcourse, there are applicants who get their TRV applications accepted, but these are a very select few in hundreds. My wife is applying for the TRV based on dual-intent, but I know that our chances are slim.

That being said, I think that if your application is strong and you have all the basis covered which are:

Ties to home country (prove that you have a reason to return, either job or school)
Financial support during visit (show all bank statements/assets)
Proofs to show legitimate marriage (if you declare your marriage)
Strong notarized invitation letter and affidavit

You have a better chance than many.


Also, do not delay submitting the spouse sponsorship application, this is because I know a lot of people who have tried other means of getting their spouse here and then get a civil marriage done. They ran in circles of applying/getting rejected for a few 3 month stints, finally gave up and went through the family sponsorship route.

Atleast you will know that your clock has started ticking once you get your application in.

Hope this helps my friend.

 

[theshaikh]

Hey Invincible,

My lawyer also gave me the same advice. To submit the sponsorship application first and then apply for the TRV on the basis of Dual Intent.

Ofcourse, make sure you do submit the strongest possible application with loads of proofs (marriage, current communication with wife, her ties to country and solid reason for return) along with a strong notarized invitation letter, letter of intent, bank statements, travel insurance, affidavit from you etc.

It is a fact that very TRV applications on the basis of dual intent get approved. I myself am in the situation where I want to bring my wife here asap, so iA gave it my best shot with the TRV application and now am waiting for the results.

Also, a straightforward wife sponsorship case with ruksati done and all proofs will not take 26 months. More in the area of 12-18 months bro.

Hi theshaik,

Thanks again for a detailed reply.

While I agree that PR is the best way to bring your spouse to Canada but for us Pakistanis it's not the fastest way. If official timelines are to be taken as true, 82 days plus 26 months is a very long time! So like many on this forum, I am trying to find a short term way of bringing my wife here. Whether it works or not, is another story altogether.

So as you suggested, I consulted with a lawyer. They seem to think that since my wife already applied for a TRV and got refused, chances of success of another TRV application (even for a work permit) are very slim. In fact, the lawyer suggested that I should apply for PR and then file a TRV application with dual-intent, which according to the lawyer has much more chances of success, though obviously 100% success is never guaranteed. If this is true then your wife's application has a much better chance, Insha`Allah.

The question is: should I be listening to this lawyer and go for PR and then TRV with stronger documentation (thanks for the suggestions here too)?

 

[Optimistic2]

Hey Invincible,

My lawyer also gave me the same advice. To submit the sponsorship application first and then apply for the TRV on the basis of Dual Intent.

Ofcourse, make sure you do submit the strongest possible application with loads of proofs (marriage, current communication with wife, her ties to country and solid reason for return) along with a strong notarized invitation letter, letter of intent, bank statements, travel insurance, affidavit from you etc.

It is a fact that very TRV applications on the basis of dual intent get approved. I myself am in the situation where I want to bring my wife here asap, so iA gave it my best shot with the TRV application and now am waiting for the results.

Also, a straightforward wife sponsorship case with ruksati done and all proofs will not take 26 months. More in the area of 12-18 months bro.

He Bro! did you apply for Multiple or single entry visa. just wondering which has got more quota and more chances to get. or doesnt make any difference.

Thanks!

 

[theshaikh]

I applied for single, monthly has more chances of getting rejected because there is an entire new dimension you need to cover in the application, which is proving why you need to enter Canada multiple times in a 6 month period.

Single is easier to get since you just need to explain the reason for entering Canada once.

He Bro! did you apply for Multiple or single entry visa. just wondering which has got more quota and more chances to get. or doesnt make any difference.

Thanks!

 

[Optimistic2]

I applied for single, monthly has more chances of getting rejected because there is an entire new dimension you need to cover in the application, which is proving why you need to enter Canada multiple times in a 6 month period.

Single is easier to get since you just need to explain the reason for entering Canada once.

Point taken Thanks!
Also did you send your proof of residence here in canada, i mean any kind of document like mortgage or rental agreement etc

 

[theshaikh]

Yes bro, I sent in my Canadian Passport and Citizenship card, you need to send in proof of whatever status you hold here, be it student visa, worker permit, citizenship etc.
Also, sending in your mortgage or rental agreement will show ties to Canada and i was encouraged by my lawyer to show those. It will only help your case if you attach documentation showing these ties.
Also send in your bank statements and if you want to go a step further, a notarized declaration of assets.

Point taken Thanks!
Also did you send your proof of residence here in canada, i mean any kind of document like mortgage or rental agreement etc

 

[Optimistic2]

Yes bro, I sent in my Canadian Passport and Citizenship card, you need to send in proof of whatever status you hold here, be it student visa, worker permit, citizenship etc.
Also, sending in your mortgage or rental agreement will show ties to Canada and i was encouraged by my lawyer to show those. It will only help your case if you attach documentation showing these ties.
Also send in your bank statements and if you want to go a step further, a notarized declaration of assets.

O yes for sure i am gonna send my passport, citizenship card, job letter, bank statement etc. the reason why asked about mortgage and rental aggrement is because I have given my sister's address everywhere as my parmenant and mailing address not sure if i should mention this ot not.

 

[theshaikh]

ahhh i see
if the mortgage is under your name, definitely attach it. It will make your case strong. It shows strong ties to Canada since you are contractually tied to a financial institution for a large loan and actually have property in your name,
Also discuss your current living situation in the invitation letter.
I stated the # of people who I live with in the house and my permanent address. Also stated where my wife will be staying during her visit. This gives assurance to the visa officer that you have made proper living arrangements for her stay.

O yes for sure i am gonna send my passport, citizenship card, job letter, bank statement etc. the reason why asked about mortgage and rental aggrement is because I have given my sister's address everywhere as my parmenant and mailing address not sure if i should mention this ot not.

 

[Optimistic2]

ahhh i see
if the mortgage is under your name, definitely attach it. It will make your case strong. It shows strong ties to Canada since you are contractually tied to a financial institution for a large loan and actually have property in your name,
Also discuss your current living situation in the invitation letter.
I stated the # of people who I live with in the house and my permanent address. Also stated where my wife will be staying during her visit. This gives assurance to the visa officer that you have made proper living arrangements for her stay.

Got ya. Thanks bro!

 

[invincible786]

Hey theshaikh,

Thank you for your invaluable advice.

I will talk to my lawyer again and decide whether the best option is to go for dual intent (i.e., PR first and then TWP) or apply for TWP (with a history of a refused TRV) with the strongest possible documentation.

With respect to the following documents:
1) Notarized invitation letter
2) Letter of intent
3) Affidavit from me

Except for #1, can you briefly describe what should and should not be written in #2 and #3? Do you have any draft letters for 1-3? Just want to make sure I get my wording right.

Also, as I mentioned, my wife now has an offer for a paid research position at a reputable Canadian university, with a start date in 3-4 months from now. I am wondering, how should I (as her husband) support the application for TWP? Providing all the documents (from my side) that will typically be submitted with a simple TRV application seem unnecessary and may turn out to be even distracting for the officer. I am thinking, we can simply attach the offer letter (which will clearly state that the position is temporary), and very strong proof of her ties to Pakistan e.g., approved (unpaid) leave from her current employer, her bank statements, pay stubs for last year or two, affidavit from her family to support her case. What do you think?

Also, my nikkah was done but not ruksati - we are waiting to plan that once the visa situation is clear: classic chicken and egg problem.

Thanks bro!

Hey Invincible,

My lawyer also gave me the same advice. To submit the sponsorship application first and then apply for the TRV on the basis of Dual Intent.

Ofcourse, make sure you do submit the strongest possible application with loads of proofs (marriage, current communication with wife, her ties to country and solid reason for return) along with a strong notarized invitation letter, letter of intent, bank statements, travel insurance, affidavit from you etc.

It is a fact that very TRV applications on the basis of dual intent get approved. I myself am in the situation where I want to bring my wife here asap, so iA gave it my best shot with the TRV application and now am waiting for the results.

Also, a straightforward wife sponsorship case with ruksati done and all proofs will not take 26 months. More in the area of 12-18 months bro.

 

[theshaikh]

Hey Invincible

The Invitation letter is from you, and the Letter of intent should be written by your wife outlining her "intentions" for the visit. Why she wants to visit you, how it is tough for her to spend time without you, how it is very stressful on your marriage etc etc..

The affidavit is a sworn oath taken by you infront of a lawyer attesting to some statements. In this case you will sign an affidavit attesting to the fact that you will send your wife back after the intended period of stay and you will take full financial responsibility for her.

Check out this website for templates:

http://www.mobilenotarypublic.ca/index.php?p=1_39_Documents-that-We-Notarize-Certify-Verify-Confirm-Declare-Swear-and-Commission-under-Oaths

I think everything you listed is good. Also buy travel insurance for her (came out to 50 bux for my wife for 2 weeks) and state the inbound and outbound flight #'s which she intends to take.

Paystubs+proof of strong ties to PK are essential, and there needs to be a SOLID reason for her return. Be it a letter from her employer stating her:
position and salary
duration of vacation
expected return date to work after her vacation to canada
paystubs etc,

or like in my case, a letter from my wife's school's administration dept stating that she needs to be back in class in september and a letter from her principle her tuition fees have been paid in advance for the following year.

Let me know if you have any more questions/concerns buddy

Hey theshaikh,

Thank you for your invaluable advice.

I will talk to my lawyer again and decide whether the best option is to go for dual intent (i.e., PR first and then TWP) or apply for TWP (with a history of a refused TRV) with the strongest possible documentation.

With respect to the following documents:
1) Notarized invitation letter
2) Letter of intent
3) Affidavit from me

Except for #1, can you briefly describe what should and should not be written in #2 and #3? Do you have any draft letters for 1-3? Just want to make sure I get my wording right.

Also, as I mentioned, my wife now has an offer for a paid research position at a reputable Canadian university, with a start date in 3-4 months from now. I am wondering, how should I (as her husband) support the application for TWP? Providing all the documents (from my side) that will typically be submitted with a simple TRV application seem unnecessary and may turn out to be even distracting for the officer. I am thinking, we can simply attach the offer letter (which will clearly state that the position is temporary), and very strong proof of her ties to Pakistan e.g., approved (unpaid) leave from her current employer, her bank statements, pay stubs for last year or two, affidavit from her family to support her case. What do you think?

Also, my nikkah was done but not ruksati - we are waiting to plan that once the visa situation is clear: classic chicken and egg problem.

Thanks bro!