Spousal Sponsorship - Critical illness of family member

[mohitbelani408]

Dear All,

I needed some advise and if anyone has had a similar experience to the current situation I am in now.

My mother has diagnosed with Stage 3 breast cancer and is going through surgery tomorrow in Canada.

I was just about to start the sponsorship for my wife who is currently living in Dubai UAE when I got the news about my mother.

I know there is no compassionate grounds on getting a spousal application done quicker or visitors visa as well and it is at the discretion of the immigration officer to speed things up given my situation. So given the facts that I have I am listing my thought on how I should proceed on this and see if the members here can give me suggestions if this seems the right way forward:

Visitors Visa for my wife

My wife has had 4 refusals earlier - 2 for visitors and 2 for study permit, all refusals are between the period 2014 to 2015. Based on the information that I have requested from CIC I have got the notes that were mentioned on her case file and it was our mistake that in her first application she had mentioned my name but did not provide further details about me and the subsequent applications also she has not mentioned me. This reason seemed to be recurrent cause in all her applications and we were never informed about it until I requested for her case notes.

We have been married since March, 2017 (only ceremonies with hand written marriage certificate) and abridged marriage certificate was issued in August, 2017.

I was thinking of applying for her Visitors visa through representation and the following points to ensure we can substantiate her application:

Letter of Character from friends and family and describing her relationship with my mother;

Letters from the doctor's suggesting the need for a caretaker;

Letters from doctors that state my fathers health condition that requires a caretaker for him too;

A Statement and letter of intention from my wife explaining her past refusals and her understanding the importance of her leaving Canada at the end of Visitors visa which could have an impact on her PR Application;

Guarantee letter from me, my sister and mother all Permanent residents of Canada, confirming that we take responsibility for her stay in Canada and also ensuring that she will leave Canada at the end of her visit;

Her bank statements and a sponsorship letter from me along with my bank statements showing proof of funds for her stay;

Our abridged marriage certificate;

My aim is to get my wife to Canada at the earliest to be close to the family during the hardship we are currently facing. I am hoping that the members here have some valuable advise or if you know of someone who has been though something similar and what is the best way forward.

The spousal sponsorship will also be initiated in the next month or 2.

Thanks,

 

[M.steele]

I haven't been in a similar situation to you but from what I know unfortunately it doesn't seem like there will be much you can do.

You can attempt another visitors visa but there will be a good chance it will be denied again based on her previous denied applications as well as now being married to you will need to really provide proof she intends to return to UAE but it will be highly likely she will be denied again.

Also when processing her PR it may take a longer time again due to these denied apps the marriage will face scrutiny as it will seem that she is just marrying you to come to Canada. Which I know is not true but CIC is very diligent when it comes to this.

Your best bet may just be applying for PR Asap and waiting it out. There isn't anything you can do to make it speed up.

 

[mohitbelani408]

I haven't been in a similar situation to you but from what I know unfortunately it doesn't seem like there will be much you can do.

You can attempt another visitors visa but there will be a good chance it will be denied again based on her previous denied applications as well as now being married to you will need to really provide proof she intends to return to UAE but it will be highly likely she will be denied again.

Also when processing her PR it may take a longer time again due to these denied apps the marriage will face scrutiny as it will seem that she is just marrying you to come to Canada. Which I know is not true but CIC is very diligent when it comes to this.

Your best bet may just be applying for PR Asap and waiting it out. There isn't anything you can do to make it speed up.

Thanks for taking the time to reply back. You are probably right, I will try the both ways and see what works.

Thanks once again.

 

[scylla]

Definitely do not include either of the letters stating the need for a caretaker. Your wife is not allowed to work in Canada as a visitor and CIC will view the caretaking as illegal work. You should instead focus on the fact that your mother is very ill and you would like your wife to have an opportunity to spend time with her.

What's missing in the application is your wife's proof of ties to her home country (job, property, etc.). She needs to demonstrate these - they are the most important part of a TRV application.

Character letters don't help. Same goes for guarantee letters since they cannot be enforced. I would leave these out and focus on proving she has strong ties to her home country. Again, that's the most important part of the application.

 

[mohitbelani408]

Definitely do not include either of the letters stating the need for a caretaker. Your wife is not allowed to work in Canada as a visitor and CIC will view the caretaking as illegal work. You should instead focus on the fact that your mother is very ill and you would like your wife to have an opportunity to spend time with her.

What's missing in the application is your wife's proof of ties to her home country (job, property, etc.). She needs to demonstrate these - they are the most important part of a TRV application.

Character letters don't help. Same goes for guarantee letters since they cannot be enforced. I would leave these out and focus on proving she has strong ties to her home country. Again, that's the most important part of the application.

Hi Scylla,

Thanks for the note, well pointed out regarding the caretaker aspect, I will keep that in mind during our application. She is currently employed in the UAE and we don't really have property under either her name or mine, do you think it will be worthwhile to get a letter from the employer that she is taking leave on emergency due to the situation?

I am not really sure what to submit in which we can show strong ties to the country?

My in laws are in the UAE, I am not sure if that shows as a strong tie?

Thanks,

 

[scylla]

Hi Scylla,

Thanks for the note, well pointed out regarding the caretaker aspect, I will keep that in mind during our application. She is currently employed in the UAE and we don't really have property under either her name or mine, do you think it will be worthwhile to get a letter from the employer that she is taking leave on emergency due to the situation?

I am not really sure what to submit in which we can show strong ties to the country?

My in laws are in the UAE, I am not sure if that shows as a strong tie?

Thanks,

Yes - I would definitely get a leave letter from the employer stating she is taking a holiday and for how long. I would recommend you apply for a 2-3 week trip maximum. The employer's letter should indicate either a two or three week vacation. Do not ask for more than 2-3 weeks in the application to CIC.