Spousal Sponsorship - affect of past rejections

[mufaddal.aamir]

Hello!

I am a Canadian PR living in Canada applying for a spousal sponsorship for my wife living in Pakistan. She is finishing up the last 2 years of Med school there. I am reaching out for advice on whether I should hire an immigration lawyer to do my case. For a few reasons, I suspect my case may not be simple for the reasons below:

- My wife got rejected for a visit visa in oct 2018 (at that time we were not married, so she only mentioned her aunt living in Canada and did not mention me at all, even though we were dating)
- She got rejected again in Nov 2019 for her visit visa with a bit of hiccup: she received a procedural fairness allegation of misinformation. We fought it off and she was in the clear.
(please note that she did not mention me, but only intent to visit her aunt)

What would be the impact of the above on my sponsorship application for her? Should I hire an immigration lawyer because of the above reasons? I am not sure the affect of the previous misinformation and visa rejections. Are there any intricate steps that need to be followed which an immigration lawyer would be wary of?

Thanks

Mufaddal

 

[scylla]

Hello!

I am a Canadian PR living in Canada applying for a spousal sponsorship for my wife living in Pakistan. She is finishing up the last 2 years of Med school there. I am reaching out for advice on whether I should hire an immigration lawyer to do my case. For a few reasons, I suspect my case may not be simple for the reasons below:

- My wife got rejected for a visit visa in oct 2018 (at that time we were not married, so she only mentioned her aunt living in Canada and did not mention me at all, even though we were dating)
- She got rejected again in Nov 2019 for her visit visa with a bit of hiccup: she received a procedural fairness allegation of misinformation. We fought it off and she was in the clear.
(please note that she did not mention me, but only intent to visit her aunt)

What would be the impact of the above on my sponsorship application for her? Should I hire an immigration lawyer because of the above reasons? I am not sure the affect of the previous misinformation and visa rejections. Are there any intricate steps that need to be followed which an immigration lawyer would be wary of?

Thanks

Mufaddal

Why did she receive the PFL? What was the information that IRCC believed she misrepresented?

 

[mufaddal.aamir]

Hi Scylla,

Basically, in the background section of the IMM5257e where they ask about previous rejections, she was not very clear in the comments box about one of her rejections from the USA. We clarified in the letter that it was not misleading, as she admitted to being rejection to previous visas from Canada and other countries (by checking the ticks in the form).And she mentioned in the comments that she did get rejection for visit visa in 2018, but only failed to mention USA. They were convinced thankfully, and she got relieved with just a rejection and no other consequences.

 

[scylla]

Hi Scylla,

Basically, in the background section of the IMM5257e where they ask about previous rejections, she was not very clear in the comments box about one of her rejections from the USA. We clarified in the letter that it was not misleading, as she admitted to being rejection to previous visas from Canada and other countries (by checking the ticks in the form).And she mentioned in the comments that she did get rejection for visit visa in 2018, but only failed to mention USA. They were convinced thankfully, and she got relieved with just a rejection and no other consequences.

I don't think you need a lawyer.

When you apply for spousal sponsorship, make sure you mention all previous refusals, regardless of whether they were to Canada or any other country and include the details. So that means she must mention at least three separate refusals.

 

[mufaddal.aamir]

I have an additional query: I would like her to be able to visit be during her study break in June 2021, so I also wanted to apply for her visit visa. What would be the route to go? inland or outland sponsorship? Can I apply for an outland sponsorship and still apply for a visit visa?

 

[scylla]

I have an additional query: I would like her to be able to visit be during her study break in June 2021, so I also wanted to apply for her visit visa. What would be the route to go? inland or outland sponsorship? Can I apply for an outland sponsorship and still apply for a visit visa?

Your only option at this time is to sponsor her outland since she is not in Canada. I would recommend you do that as soon as you can since processing times are quite long right now.

With two previous TRV refusals and the US refusal, her chances of getting a TRV approved are extremely low.

I would personally focus on the outland spousal sponsorship application.