Yes, but how much more evidence would they have needed? I gave all my bank accounts, my transfer out of money, my job searches, my searches for houses, etc. I didn't want to quit my job as I need my job to stay in Thailand and I won't terminate my lease on the risk that she get denied (which she did). Everybody I spoke with was surprised by the result and also said these requests were highly unreasonable.
Refusal based on Asian Discrimination and Intent
- Thread starter hollafame
- Start date
All of the above are risky. 1-2) You don't know if the lawyer will screw up your application again. 3) would cost your job in Thailand 4) No guarantee that she will get a new tourist visa.
Why not buy a Canadian home before you make a new outland application?
I'm not sure who you spoke to. However the requests you received are not at all uncommon in cases where IRCC has concerned the sponsor and applicant don't actually intend to move. Either these were individuals not familiar with Canadian immigration processes - or lawyers looking to get your business.
IMO the issue was most likely the nature of the evidence you provided to support your claims. Since you weren't able to provide the exact evidence IRCC requested, what you provided as an alternative needed to be super strong.
- What evidence exactly did you provide of job searches? What was the exact artifact you submitted to prove this? Did you show email exchanges with future employers? Interest interviews with employers?
- Same for the housing searches. What was the artifact you provided to prove this? Did you provide a signed contract with an RE agent? Emails from your RE agent with information on what's available to buy / rent in your areas of interest and price ranges?
- If there were plans for you to stay with family members when you first arrived, did you provide an affidavit from that family member confirming this arrangement?
The above may really be a pointless discussion unless you decide to apply outland again. If you apply inland, this isn't needed.
I disagree with the above comment that you need to buy a house in Canada to prove you will return. That's absolutely not required. IMO your proof wasn't strong enough. You were trying to prove the right things - but I suspect the actual evidence you provided wasn't strong. That's where this forum could have really helped you.
It is pointless to discuss this and argue about this at this point and whether it's reasonable - what's done is done. Going forward is what matters. No-one here is taking the position that this was fair, or exactly right, or whatever. Not because they don't have opinions, but because it's pointless. If you feel strongly that there is some issue of fundamental justice you want to dispute via appealing, go ahead. If you think there's some point like revenge that can be served via appeal, again, go ahead. You've had it explained that it will take a longer time and be more expensive (and still with uncertain results).
But if instead you want to settle the issue and move forward with your life and get PR status for your wife in Canada and settle there yourself: the advice is overall simple - travel to Canada with your spouse under the existing TRV (you're fortunate you have this option) and apply inland.
You could also return yourself and apply outland while your spouse is still abroad - but you'll be apart longer.
If you wish to try again the same way, you'll need far better evidence of intent to return than you provided - just because they'll open the old file and look at it.
Then couldn't you suggest anything that will not cost any risk to the poster but will make the intent to return more stronger? Oh, by the way, I'm going to say why don't the poster buy a property in Bangkok and he wouldn't worry about losing the lease and could use newly bought property as vacation home or rental unit if he choose not living there and return to Canada.
Just want to echo on some that others have already pointed out:
1) you need to provide stronger evidence for intend to return. you still show that you are not ready to travel now with your wife back to Canada and is looking into option to return after 2022 (another TRV may be risky)
2) there are many people who applied inland from the list of Asian countries that you listed.
Check out this discussion and the spreadsheet that has information about outland application in the similar timeframe and from the saem coutnry/area
https://www.canadavisa.com/canada-immigration-discussion-board/threads/april-2020-outland-spousal-sponsorship.684343/post-8599773
3) that lawyer is ... not good by playing with your emotion and that charge is unheard of high.
my suggestion is the same as others, move back soon and apply inland.
1) you need to provide stronger evidence for intend to return. you still show that you are not ready to travel now with your wife back to Canada and is looking into option to return after 2022 (another TRV may be risky)
2) there are many people who applied inland from the list of Asian countries that you listed.
Check out this discussion and the spreadsheet that has information about outland application in the similar timeframe and from the saem coutnry/area
https://www.canadavisa.com/canada-immigration-discussion-board/threads/april-2020-outland-spousal-sponsorship.684343/post-8599773
3) that lawyer is ... not good by playing with your emotion and that charge is unheard of high.
my suggestion is the same as others, move back soon and apply inland.
Also there is no extra permission papers for you and your wife to travel back . Since you are Canadian and your wife is immediate family, there is NO authorzation letter needed to enter. Currently with COVID, there is the 3 days government hotel quarantine (for all travellers into Canada) and 11 days quarantine after at your own selected accomodation.
There is also NO "handicap to re-apply even inland" and you don't need any additional "affidavits " if you moved back and apply inland. I think that lawyer is trying to scare you and make you work with him in Thailand. Again, that among he/she qouted is unheard of high.
There is also NO "handicap to re-apply even inland" and you don't need any additional "affidavits " if you moved back and apply inland. I think that lawyer is trying to scare you and make you work with him in Thailand. Again, that among he/she qouted is unheard of high.
Totally agree with all of this.
Inland would be super super simple.
Lawyer is looking to drum up business.
I have no baseline for the legal fees. While it seems high to me, I suspect it would still cost several thousand dollars.
What I'm comparing to is just value. Inland app would be quite simple and if applicant has already done once alone, clearly can do so again without too much trouble.
The affidavits stuff sounds like nonsense to me, lawyer just making it sound harder than it is.
What I'm comparing to is just value. Inland app would be quite simple and if applicant has already done once alone, clearly can do so again without too much trouble.
The affidavits stuff sounds like nonsense to me, lawyer just making it sound harder than it is.
Your questions are understandable and reasonable trying to figure out what happened. Unfortunately IRCC refused the application likely based on your intentions to return to Canada as the other posts have suggested. It may be more common than what you think.
Now what are you going to do?
Keep calm, have a beer (or two), and take the next path of least resistance. No one said it was going to be easy!
Thanks everyone for the kind replies and very insightful information. I think we will now do the inland route so this means we will have to enter Canada before her passport/visa expires on May 2022. Does anyone know how long after I get in Canada I should apply for her PR? Should I find a job in before actually going back or look for one once I'm there? How about for her: I hear she can get an open work permit after a few months, what are the requirements for this? And what actually would be the differences of getting the work permit and working vs getting the PR? Like free healthcare and what else? I need to really think about all the angles as she will be giving up a big job and so will I in Thailand to come back to Canada.
I am also thinking of emailing Singapore for one last chance and actually showing them a job offer and place to reside in Canada which I will start working on, do you think then they could reverse the decision or is it a lost cause once they made the decision?
Again, appreciate it greatly that people reply and add value here. I'm very grateful.
Regards
I am also thinking of emailing Singapore for one last chance and actually showing them a job offer and place to reside in Canada which I will start working on, do you think then they could reverse the decision or is it a lost cause once they made the decision?
Again, appreciate it greatly that people reply and add value here. I'm very grateful.
Regards