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Refusal of a TRV visa!!!

emanmustafiz

Newbie
Aug 8, 2016
4
0
Hello

I am a PR of Canada. I have moved to Canada some time back and am expecting my first baby in December. I obviously want my husband to be here when I deliver as there is nobody else is here for me. So he applied for his TRV which got rejected the first time on the ground that the visa office is not convinced he will leave Canada at the end of his visit. They considered three factors - the purpose of the visit, the length of the visit and family ties in Canada and the country of residence. Well, the doctor here has given a letter mentioning why he should be here before, during and after my delivery. My husband has stated the length of visit to be 2.5 months. He has his own business and so taking off will not be a problem as he has ppl to handle it during his absence. Regarding family ties in his country, his parents stay with him and are fully dependent on him, his business and office are there. he has provided all the necessary papers regarding his business and everything.

We got married a year back and did not still have not applied for spouse sponsorship which we are planning to do shortly.

So can you advise me whether reapplying will change the situation and what additional papers and documents he can provide in this case? Also whether now applying through any firm who specializes in visa and refusal of visa might increase the chance of getting the visa as they know better how to reply to the points for which the visa was rejected, meaning can defend better and which might make the case stronger.

I am quite helpless in this situation as I am here all alone, managing a newborn baby alone especially the first one, will be extremely different. I am quite stressed out.
 

scylla

VIP Member
Jun 8, 2010
92,823
20,488
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello

I am a PR of Canada. I have moved to Canada some time back and am expecting my first baby in December. I obviously want my husband to be here when I deliver as there is nobody else is here for me. So he applied for his TRV which got rejected the first time on the ground that the visa office is not convinced he will leave Canada at the end of his visit. They considered three factors - the purpose of the visit, the length of the visit and family ties in Canada and the country of residence. Well, the doctor here has given a letter mentioning why he should be here before, during and after my delivery. My husband has stated the length of visit to be 2.5 months. He has his own business and so taking off will not be a problem as he has ppl to handle it during his absence. Regarding family ties in his country, his parents stay with him and are fully dependent on him, his business and office are there. he has provided all the necessary papers regarding his business and everything.

We got married a year back and did not still have not applied for spouse sponsorship which we are planning to do shortly.

So can you advise me whether reapplying will change the situation and what additional papers and documents he can provide in this case? Also whether now applying through any firm who specializes in visa and refusal of visa might increase the chance of getting the visa as they know better how to reply to the points for which the visa was rejected, meaning can defend better and which might make the case stronger.

I am quite helpless in this situation as I am here all alone, managing a newborn baby alone especially the first one, will be extremely different. I am quite stressed out.
A lawyer won't increase the chances of approval.

To be approved, he must demonstrate strong ties to his home country and also show he has no plans on remaining in Canada long term. Obviously this is quite difficult to do when your spouse is Canadian which is why refusals are very high in these cases. He made a mistake by asking for a 2.5 month visit. This is far too long and shows he effectively has no ties to his home country. If he applies again, he should request a 2-3 week trip at most. In term of paperwork, he should include as much as he can to show ties to his home country. Placing focus on the newborn baby weakens your application and will make IRCC concerned he doesn't plan to leave once he arrives.

My advice would be to focus on submitting the PR application as soon as possible. It's too bad you didn't start this process when you first returned to Canada last December. Your husband can certain apply for another TRV - but it will likely be refused.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,771
Sounds like OP may have only recently returned to Canada. Unfortunately this is a common scenario and one of the issues when getting pregnant right away after marrying someone without status in Canada. Unfortunately the chances of your husband joining you are quite low so you may want to consider returning to India before delivery. You must be living in a province where you received healthcare immediately. You must also meet the residency requirement of that province to be eligible for healthcare. It is usually 6 months or you could be asked to repay any costs.
 
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Bryanna

VIP Member
Sep 8, 2014
14,137
3,121
Hello

I am a PR of Canada. I have moved to Canada some time back and am expecting my first baby in December. I obviously want my husband to be here when I deliver as there is nobody else is here for me. So he applied for his TRV which got rejected the first time on the ground that the visa office is not convinced he will leave Canada at the end of his visit. They considered three factors - the purpose of the visit, the length of the visit and family ties in Canada and the country of residence. Well, the doctor here has given a letter mentioning why he should be here before, during and after my delivery. My husband has stated the length of visit to be 2.5 months. He has his own business and so taking off will not be a problem as he has ppl to handle it during his absence. Regarding family ties in his country, his parents stay with him and are fully dependent on him, his business and office are there. he has provided all the necessary papers regarding his business and everything.

We got married a year back and did not still have not applied for spouse sponsorship which we are planning to do shortly.

So can you advise me whether reapplying will change the situation and what additional papers and documents he can provide in this case? Also whether now applying through any firm who specializes in visa and refusal of visa might increase the chance of getting the visa as they know better how to reply to the points for which the visa was rejected, meaning can defend better and which might make the case stronger.

I am quite helpless in this situation as I am here all alone, managing a newborn baby alone especially the first one, will be extremely different. I am quite stressed out.
To add to the advice given by scylla and canuck78:
You may want to invite a female relative instead of reapplying for your husband. Maybe your mom or your sister (if you have a sister).

If you decide to apply for a relative, she would need to state a short visit of just a month max. +prove she has strong ties to her home country + a good financial situation (maybe with the financial support of your dad) + you would not mention about visiting to take care of you/your baby (although this is already on IRCC records for your husband's application)