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Spouse TRV Visa Rejected due to Strong family ties in Canada and Immigration Status

taneja

Full Member
May 12, 2021
45
6
My pregnant Canadian PR wife is due in December end and I applied for TRV from Cayman Islands. I showed the same travel intent (wife's pregnancy) and my expected stay of ~45 days. I initially planned for 20 days travel in my first application in May 2021 for pre and post natal care but extended to 45 days given the uncertainty in delivery date and unforeseen circumstances if any may arise, in my second application. (Not sure if it was a Red Flag!! Though I had genuine intention).

I have been rejected stating the following generic reasons:
I am refusing your application on the following grounds:
• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your family ties in Canada and in your country of residence.
• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your immigration status.

I am am Indian passport holder with good work and travel history ( in 8 countries including US). Currently, I work for the Government of Cayman Islands as a contracted employee since January 2019 under the designation of Senior Program Analyst and draw a pretty decent tax free salary ( ~130k CAD in hand). I was issued a TRV for tourism before in 2019 but it got expired in 2020 since my passport was expiring. But that was before my marriage. I got married in Nov. 2019 in India and my wife joined me in Cayman Islands for sometime and then pandemic happened so she chose to stay here and lived with me entire 2020 and till August 2021 and is back to Canada now.
We discovered pregnancy in April 2021 and upon consideration my wife chose to go to Canada at the earliest and deliver there since my mother in law couldn't come to Cayman due to travel restrictions in Cayman Islands and she as a PR had residency obligations. Since she already quit working (she took up teaching license course and teaching job in Cayman in 2020 until Feb 2021) and could foresee a long break in work due to pregnancy, she chose to utilize the time and at least fulfill residency obligations by going back since she was already out of Canada for close to two years.
I provided all documents related to my job, finances, relationship status etc. I was confident that I have strong grounds to obtain visa this time as well but upon reflecting now I see following flaws in my application:
1. I overlooked that my wife is a PR in Canada and officer thought that since with our first child, I will have a family here and might chose to stay here.
2. My current contract is expiring on 15th January 2022 and in my second application, at the last minute I changed my stay to 45 days, Dec 5th 2021 - Jan 30th 2022. Though I know my contract is under renewal and will get renewed in a week or so but I did not explain that in my application which most likely raised question on my immigration status in Cayman Islands at the end of my stay in Canada and my ties with Cayman Islands.

Since this fall semester (Sept.2 2021), I have also taken up job of Adjunct faculty for evening classes in Computer Science department in a local University College at Cayman Islands. Though I did not have my contract or job documents ready or my first salary credited at the time of application, I did not include this second part time job in my application, assuming that I being a Civil Servant with Cayman Islands Government is sufficient proof of my stability and ties with Cayman Islands.

I am now thinking to reapply and addressing the grounds of refusal by :
1. Renewed job contract ( January 2022 to January 2025) and updated immigration status valid up to 2025. My HR told me they will expedite the process and I will get it in next 5-7 business days. My immediate manager and director of the department have already approved my extension of contract.
2. Showing additional job as Adjunct faculty at local college, ID proof of College, salary credited for the month of September.
Courses I am currently teaching and will be teaching in Spring semester ( January onwards), which includes a practical course on computer programming that definitely requires my presence on the island to conduct lab hours.
3. Explaining my job role which includes critical role in building, functioning and maintainance of government portals including Customs, Immigration and Border Security. There is high dependency on me in my team and I cannot be away for long and due to high confidentiality in government systems I cannot access most systems being out of country thus there is no thought of staying long in Canada and risking my high paying and stable job.

I need guidance in how else can I assure Immigration Officer that I have no intention of staying in Canada or moving to Canada with the given facts:

My current salary (~130K CAD + ~35K CAD from Adjunct teaching = $165k CAD in hand is at par with what majority in Canada get (I am sure the stats have changed more after the pandemic) and why on earth I would think of leaving a job that gives me privilege of being a Civil servant, preference in route to being a PR in Cayman Islands, Gold standard healthcare plan for me and my dependents which includes 100% free healthcare (including dental, vision, prescription drugs, surgical procedures), access to public school for my children and 12% pension (100% contributed by employer) on top of my salary. Excellent work life balance, beach life, no harsh winters :)

I have absolutely no plan of moving to Canada but I do not know how should I clarify my point in my application. Not sure if it is a good idea to include above mention facts.
There is absolute no intention of coming to Canada and starting from scratch when I can gain financial liberty by being in Cayman and achieve it earlier here than being in Canada. Every couple make adjustments and compromises for better future. In fact my wife and I have mutual agreement on me continuing with my job in Cayman and she can chose to either stay in Canada for couple of years, attain Citizenship and join me or just maintain PR ties with Canada and join me. (Can we mention that in application? Not sure!!!)

Kindly advise, how should I address my refusal point with the above mentioned facts and given scenario. My child is due in this December end and I really need to reapply ASAP, once I have the renewed contract.

Thanks for reading all this long !!
Cheers.
 
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taneja

Full Member
May 12, 2021
45
6
Hi All,

Apologies for tagging you all in my post, but I certainly need advise before I reapply my next TRV with stronger ties to Cayman.

1. Contract Renewal valid till 2025
2. Adjunct Faculty at a Cayman University(Second Employment)

@scylla @canuck78 @Conaider @armoured @steaky @YVR123

Can any one of you advise will this establish a stronger ground for my TRV to get approve as I have no intent of staying in Canada and apply for Canadian PR, I will be visiting my family on and off.

I am on my enroute to be eligible to apply for Cayman Islands PR.

Thanks, Ajay
 
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