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Spousal Open Work Permit and Kid TRV Refusal - Dec 2019

savvyImperial

Newbie
Dec 14, 2019
9
0
Hi,
I applied for the spousal work permit and TRV for my son who is just 3 years old in India. But they declined within 3 days. I feel like they didn't even read the explanation letter i attached and the set of documents that I attached. Here are the dates:
  • I submitted an online profile on 7th Dec for Open Work Permit and TRV for daughter
  • Biometric was done in Chandigarh on 11th Dec and 13th Dec I got correspondence letter that biometric is completed at 11:50 PM
  • After a minute I got the correspondence letter at 11:51 PM that your visa has been declined with the following reasons:
I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 200(1) of the IRPR, based on the purpose of your visit.
• I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 200(1) of the IRPR, based on your personal assets and financial status.

Here is the set of documents which I attached with our profile:

1. Passport & Travel Document
2. Canada Work Permit Copy
3. Canada Study Permit Copy
4. Health Insurance Copy
5. Bank Statement and GIC Account
6. College Identity Card
7. College Enrollment letter
8. College Offer Letter
9. College Fee Receipt
10. Marriage Certificate

My Spousal Documents:
1. Passport
2. Purpose Of Travel
3. Updated Resume ( 5+ Year of IT Experience)
4. College Degree Certificate (B.Tech Degree)
5. Bank Statement and Investments
6. Salary Pay Stubs – 3 Months
7. Employer Provident Fund Statement
8. 2 Years Income Tax Return
9. House Property Paper ( On father name)
10. Agriculture Land Paper ( On father name)
11. Employment Verification letter
12. Immigration Support Letter

My Son:
1. Passport Scan
2. Birth Certificate

Please advise, if anyone had a similar situation, what should i do in this case. How come you got a decision on 4 days. How do we make sure, they referred to additional documents attached in the optional section of the application. because we wrote a very nice explanation letter that my son is too young and can't live without her mother. Please provide your suggestions.
 

jweekend

Champion Member
Dec 13, 2019
1,280
224
Iam not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 200(1) of the IRPR, based on the purpose of your visit.

I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 200(1) of the IRPR, based on your personal assets and financial status.
You have to address how you (the applicants) will leave Canada at the end of your stay

Nothing on the list of documents you presented gives any indication that you (the applicants) will leave at the end of the temporary stay
 

savvyImperial

Newbie
Dec 14, 2019
9
0
You have to address how you (the applicants) will leave Canada at the end of your stay

Nothing on the list of documents you presented gives any indication that you (the applicants) will leave at the end of the temporary stay
That was part of my explanation letter which is already attached. Here are the snippets of our letter:
"
Above all, our family is in India and I am working as a full-time employee in a recognized government Company. We have our owned house and private legacy farming lands back in our hometown. We both have 5+ years of working experience in India with reputed firms and we have genuine reasons and intend to come back to our jobs in our country. Initially, I am bringing some money from India to support our family and later to manage the expenses I will work on the basis of work permit authorization.

In closing, we would like to draw your attention to all the enclosed documents as evidence provided which depicts a genuine reason for us to return to India. We undertake to provide all expenses and medical benefits for our daughter Netanya, ON whilst we are in Canada. We have absolutely no intention to stay permanently in Canada and we assure you that we will promptly return to our hometown in India before the end of our authorized period of stay as per our permits."
 

jweekend

Champion Member
Dec 13, 2019
1,280
224
That was part of my explanation letter which is already attached. Here are the snippets of our letter:
"
Above all, our family is in India and I am working as a full-time employee in a recognized government Company. We have our owned house and private legacy farming lands back in our hometown. We both have 5+ years of working experience in India with reputed firms and we have genuine reasons and intend to come back to our jobs in our country. Initially, I am bringing some money from India to support our family and later to manage the expenses I will work on the basis of work permit authorization.

In closing, we would like to draw your attention to all the enclosed documents as evidence provided which depicts a genuine reason for us to return to India. We undertake to provide all expenses and medical benefits for our daughter Netanya, ON whilst we are in Canada. We have absolutely no intention to stay permanently in Canada and we assure you that we will promptly return to our hometown in India before the end of our authorized period of stay as per our permits."
This is just verbose information describing yourself and your spouse. Nothing addresses how your spouse will leave at the end of their stay.
 

savvyImperial

Newbie
Dec 14, 2019
9
0
This is just verbose information describing yourself and your spouse. Nothing addresses how your spouse will leave at the end of their stay.
Ok I understand that but how do i showcase, no airlines give you return tickets if you have journey duration more than 6 months. So please advise what all you can add to prove that. I added my land paper and house ownership, what else do you think might help?
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,774
Family of international students are not guaranteed permits/visas. Would order GCMS notes to see why you were refused and if this is something you can overcome. Assume your studies start in January so you will have to decide whether to go to Canada on your own. How much money did you show that you have in savings and what is your tuition? Sounds like you did not show enough extra money to support your family if you and your husband can’t find employment in Canada.
 

Sunil Vaghani

Star Member
Jul 2, 2019
177
13
Category........
That was part of my explanation letter which is already attached. Here are the snippets of our letter:
"
Above all, our family is in India and I am working as a full-time employee in a recognized government Company. We have our owned house and private legacy farming lands back in our hometown. We both have 5+ years of working experience in India with reputed firms and we have genuine reasons and intend to come back to our jobs in our country. Initially, I am bringing some money from India to support our family and later to manage the expenses I will work on the basis of work permit authorization.

In closing, we would like to draw your attention to all the enclosed documents as evidence provided which depicts a genuine reason for us to return to India. We undertake to provide all expenses and medical benefits for our daughter Netanya, ON whilst we are in Canada. We have absolutely no intention to stay permanently in Canada and we assure you that we will promptly return to our hometown in India before the end of our authorized period of stay as per our permits."
Initially, I am bringing some money from India to support our family and later to manage the expenses I will work on the basis of work permit authorization.

I think you made big mistake by including above point. You gave them direct indication that you are here for work.
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,774
Initially, I am bringing some money from India to support our family and later to manage the expenses I will work on the basis of work permit authorization.

I think you made big mistake by including above point. You gave them direct indication that you are here for work.
You also can not count on the income from a part-time job. Some students are unable to find a job while they study or a job that fits with their class schedule or must scale back on hours in order to pass their classes. You must be able to show that studying is your main priority and that you have the funds to support yourself and family if you can’t find work. Things like childcare are also very expensive so if you have a child you may not be able to work full-time or a lot of the money earned goes straight out to pay for childcare.
 

savvyImperial

Newbie
Dec 14, 2019
9
0
Initially, I am bringing some money from India to support our family and later to manage the expenses I will work on the basis of work permit authorization.

I think you made big mistake by including above point. You gave them direct indication that you are here for work.
But if you are applying for open work permit then that means you will work right, otherwise apply for visitor visa then whey you need a WP for that.
In the letter, i mentioned that i will leave the country at the end of stay.
 

savvyImperial

Newbie
Dec 14, 2019
9
0
incredibly horrible reasoning by you. you say that you feel that the vo did not read your explanation. but if you were to use common sense, why would you feel the need to bring your wife and your 3 yr old kid along in the first place? why cant they stay in india? and if they really entered canada, what would actually compel them to return to india after some time?

thus how can you claim that they will go back to India REASONABLY and CONVINCINGLY? and the vo also doubted your financial ability as seen in the second reason given
How a 3-year-old kid will stay without her mother, can you believe that? it was a 1-year program so we planned accordingly but now I am already here and I want to stay with my family what's wrong with that? When i came in September, i was already late for the program, i didn't had time to process their application. Anyways i am not here to discuss the problems, i need a solution. Please advise what should I highlight in there.
 

savvyImperial

Newbie
Dec 14, 2019
9
0
Family of international students are not guaranteed permits/visas. Would order GCMS notes to see why you were refused and if this is something you can overcome. Assume your studies start in January so you will have to decide whether to go to Canada on your own. How much money did you show that you have in savings and what is your tuition? Sounds like you did not show enough extra money to support your family if you and your husband can’t find employment in Canada.
I understand your point, but what is the solution from your perspective? I am already here in Canada, i want my son to come here and stay with me. Please advise on that.
 

savvyImperial

Newbie
Dec 14, 2019
9
0
discussing the problem may allow one to find a solution. not sure whats your stupid point in the first place. and you still have not answered my question. why do you feel the need to bring along your wife? you imply that its because you want to stay with your family and that its short term (where they will return to india) but whats preventing you from making it long term instead?

and as i said the vo already doubted your financial ability. if you already lack money, it wouldnt make sense to bring your family along for you will have to support even more people and you know that there is a minimum sum needed for each person/dependent. obviously the more reasonable assumption is to leave them behind. if you really miss them so much - you can always return to india permanently instead.

I have already paid my full fees in advance, i am here in Canada and my husband is india and my kid. Of course everybody knows here no body goes back, that is the reason people are migrating. If they would have a problem in calling people here, why they have opened express entry to bring people? definitely they need people here. Anyways thats not the point. We have shown financial assets in India like land and everything. Just looking what else we can provide to strong our case.
 

Ghurala

Star Member
Dec 9, 2019
99
20
I have already paid my full fees in advance, i am here in Canada and my husband is india and my kid. Of course everybody knows here no body goes back, that is the reason people are migrating. If they would have a problem in calling people here, why they have opened express entry to bring people? definitely they need people here. Anyways thats not the point. We have shown financial assets in India like land and everything. Just looking what else we can provide to strong our case.
Hello, I can understand your frustration but the Canadian Visa is a privilege not a right, according to my experience with Canadian Immigration, the applicant was refused due to financial stress. You have mentioned in the letter that you will work as per work permit authorization which defeats the initial purpose of visiting Canada which is studying.

The refusal letter you have received it shows the ACT under which applicant visa was refused, its not the detailed reason. I would highly suggest you to apply for GCMS notes to find out the real reason of refusal.
 
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sujeetdahiya

Star Member
May 6, 2019
88
6
India
But if you are applying for open work permit then that means you will work right, otherwise apply for visitor visa then whey you need a WP for that.
In the letter, i mentioned that i will leave the country at the end of stay.

I would like to make your point and assumptions correct that you are not applying for WP ,but you are applying for TRV Or Dependent Spousal VISA and eligible for OWP. So you made vulnerable mistakes in your letter ,which anyone can doubt.
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,774
Unfortunately there is not guarantee that a family can accompany an international student. You must be able to show that you can support yourselves if neither of you are able to find jobs especially if you have a child because childcare is so expensive.