Spouse open work permit rejected

[Alica]

KHP exactly that was the plan to have them here till we all are eligible for PR .
Well what could be the reasons for them to return home except our parents and we being the only kids of them .
So it’s primary family ties only could bring us back and nothing else to be honest .
She can’t work now because she looking after the kids specially with me being here and hence I do understand the ties are really weak back home .
Is there any way we can answer those queries as the Notes also indicate these to be the real reasons for rejection .

My kid going to school which he is can’t be a reason to go back home . I don’t have a job offer back home either waiting for me there .

Hence it seems like no way out of this then

 

[Copingwithlife]

I knew someone who works in the CIC Ottawa office and he managed to find the reasons for rejections similar to the notes but just in a quicker way .

That’s actually grounds for dismissal if the individual accessed your file without the “ need to know “.
Playing with fire

 

[k.h.p.]

What's really interesting to me is that given your profile, that actually makes sense. However, you and your contact may be misinterpreting things a little bit.

Where you may have heard "IRCC was upset because I said they were non-accompanying, and now they seem to want to accompany" and interpreted that as they thinking you lied, I think what happened was that the visa officer recorded notes that said "The person holding the study/PGWP identified their spouse and child as primary family ties, and they were identified as being ties that would support the initial visa decision. However, they are now wanting to accompany the primary holder to Canada. This invalidates any family ties, and gives the primary holder no reason to return to home country, and no reason for spouse or child to return. The change in status from non-accompanying to accompanying creates a significant risk of overstay and I doubt that they are genuine visitors."

So actually, your 'source' was not wrong. It's just that IRCC wasn't doing this to get back at you for "lying" but because your family was your reason to return home. And because your spouse could only get a permit through you, without you having a reason to return home means they wouldn't return either.

 

[k.h.p.]

That’s actually grounds for dismissal if the individual accessed your file without the “ need to know “.

Yeah, it's a massive privacy breach and federal law violation. @Alica may want to edit that out a bit. Just say "a contact" rather than identifying their office.

 

[k.h.p.]

So, the next question - can you overcome this? It's going to be tough. Does your spouse care for your parents in any way? Have obligations to them? Does your spouse volunteer at home, or contribute to the community in a way that would give them a reason to return? Can you think of things like that?

If I were you, I'd try to think of things like that, that are ties to your home country. Then have her re-apply for a TRV. If you need her to work in Canada this may be even more complex because you'd need some solid ties to the home country. However, that's where a lawyer or a consultant may be able to advise you on mentioning dual-intent in a letter of explanation as part of the visa process. I cannot, because I don't know enough about that.

Does your spouse have a solid travel history according to their passport? Theoretically, you could try to appeal to reason in a letter - your spouse has never broken visa conditions and while they intend to be named on a PR application, if they are unable to maintain status in Canada they would leave, and would never jeopardize your PR application. But there would still need to be ties to home to prove the other side of dual intent - the intent to leave if not permitted to stay.

 

[Alica]

Yes my spouse does take care of my parents that was indicated as well in the SOP .
She does have a solid travel history as well and all previous US UK and other visas were
Showed with exit and entry stamps .

 

[k.h.p.]

See if you can document the care your spouse gives your parents. Will you need to hire a caregiver while she joins you in Canada? Etc.

Can you get by if she applies for a TRV and not a work permit?

 

[Alica]

Secondly would you be able to recommend any good lawyers . I met a few and they all said they could apply it and hope to get it
But choosing the right one is important as all these lawyers want is money and upfront .

 

[Alica]

Applying for a TRV is not an issue either as she won’t be working in Canada either . I just need her to be here with the kids .
If I do apply for her TRV will the duration of the TRV be the same as my work permit ?

 

[Alica]

Secondly with a TRV won’t the chances of rejection even be more then a work permit visa ?

 

[k.h.p.]

It all depends on the visa officer and CBSA - theoretically she could be admitted for six months, and then extend her stay. At the very least, she could be able to visit you while you're waiting out PR.

A TRV shows that you're willing to "visit" Canada. You then need to prove reasons that she'd only visit you. If she visited you, and then applied to extend her time OR get a work permit, you could try to game out the PR application.

As for law firms - try the one that hosts this forum (Campbell Cohen). I have no connection to them other than gratitude for hosting the site.

 

[Alica]

Thank you . Advise all your sincere advise and the good thing is there is still hope for them to come here .

 

[k.h.p.]

There's always hope. I wish you good luck - and a happy family in Canada soon.

For context, I'll tell you a little about my case - my fiancee is a citizen of one country living in another on a 1-year work permit. We applied to have her get a TRV. She was denied, and visa officer notes the denial was because she didn't have enough of a travel history to judge whether or not she'd abide by visa conditions. We re-applied, with a re-written cover letter, highlighting how she had abided by short-term work permits for more than three years, leaving her country of residence to go home every 60-90 days. We argued that proved her willingness to abide by visa conditions. We couldn't change anything else. Her tie to her country of residence was a job, a lease, and a cat.

Her passport is now at the visa office being stamped.

 

[Alica]

Congratulations really happy for you mate .
I am guessing you did all this yourself without any lawyers help

 

[k.h.p.]

I did it all on my own, with the help of people here. In your case, a consultation with the lawyers may help. And keep reading here!