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TRV after PR refusal

Bth

Newbie
Jul 30, 2018
6
0
Hello,

I am currently waiting a response to my permanent residence procedural fairness letter.

After reading some threads here I am not entirely confident about it being accepted at this point, which is fine.

But I have a question in regard to applying for a temporary visitor residence if our current PR application is refused.

Say our PR application is rejected and we apply for a TVR afterwards, will the immigration officers processing the TVR have our prior PR application information?

If so I have concerns they could us the past PR application to refuse a TVR. For example, citing they are not confident the applicant will leave the country after 6 months.

If anyone knows about this I would greatly appreciate your input!

Thanks very much!
 

canuck78

VIP Member
Jun 18, 2017
53,252
12,855
Hello,

I am currently waiting a response to my permanent residence procedural fairness letter.

After reading some threads here I am not entirely confident about it being accepted at this point, which is fine.

But I have a question in regard to applying for a temporary visitor residence if our current PR application is refused.

Say our PR application is rejected and we apply for a TVR afterwards, will the immigration officers processing the TVR have our prior PR application information?

If so I have concerns they could us the past PR application to refuse a TVR. For example, citing they are not confident the applicant will leave the country after 6 months.

If anyone knows about this I would greatly appreciate your input!

Thanks very much!
Yes the visa officer will have access to all your other applications. Yes there could be concern about your intentions when applying for a TRV so would require very strong ties to your home country.
 

scylla

VIP Member
Jun 8, 2010
93,607
20,915
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello,

I am currently waiting a response to my permanent residence procedural fairness letter.

After reading some threads here I am not entirely confident about it being accepted at this point, which is fine.

But I have a question in regard to applying for a temporary visitor residence if our current PR application is refused.

Say our PR application is rejected and we apply for a TVR afterwards, will the immigration officers processing the TVR have our prior PR application information?

If so I have concerns they could us the past PR application to refuse a TVR. For example, citing they are not confident the applicant will leave the country after 6 months.

If anyone knows about this I would greatly appreciate your input!

Thanks very much!
More information is needed to provide a response.

How have you applied for PR? Through which immigration stream?

What is the reason for the procedural fairness letter?

Note that if the procedural fairness letter results in a formal misrepresentation finding, this will mean the applicant will be banned from Canada for five years.
 

Bth

Newbie
Jul 30, 2018
6
0
Thank you for the reply.

Conjugal partner sponsorship.

Procedural fairness is just about genuineness of relationship regarding inability to live together. No formal misrepresentation.

I indicated on the application our intent to marry in the future and am concerned they may not allow a TRV based on this.

I have read you can apply for a TRV while the application is being processed but am unsure if it would be good to do at this moment.
 

canuck78

VIP Member
Jun 18, 2017
53,252
12,855
Thank you for the reply.

Conjugal partner sponsorship.

Procedural fairness is just about genuineness of relationship regarding inability to live together. No formal misrepresentation.

I indicated on the application our intent to marry in the future and am concerned they may not allow a TRV based on this.

I have read you can apply for a TRV while the application is being processed but am unsure if it would be good to do at this moment.
Where are you both from and what are the immigration barriers preventing both of you from being together?
 

scylla

VIP Member
Jun 8, 2010
93,607
20,915
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you for the reply.

Conjugal partner sponsorship.

Procedural fairness is just about genuineness of relationship regarding inability to live together. No formal misrepresentation.

I indicated on the application our intent to marry in the future and am concerned they may not allow a TRV based on this.

I have read you can apply for a TRV while the application is being processed but am unsure if it would be good to do at this moment.
Unfortunately there's a very low chance a TRV will be approved in that case.

You can certainly apply now - but again, low chance of approval.
 

Bth

Newbie
Jul 30, 2018
6
0
I am not confident in the application being accepted at this point.

So if the application is refused there is no other way for the applicant to enter the country without going through a outland spousal/common law application again?
 

scylla

VIP Member
Jun 8, 2010
93,607
20,915
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I am not confident in the application being accepted at this point.

So if the application is refused there is no other way for the applicant to enter the country without going through a outland spousal/common law application again?
If you can get married and/or live together - refusal is pretty much a sure thing.

As for entering Canada, it really depends where the applicant is from. If the applicant is from a non-visa exempt country, then the chances a temporary visa being refused is very high since IRCC knows the applicant wants to remain in Canada long term.
 

Bth

Newbie
Jul 30, 2018
6
0
Hypothetically if we were able to get married and apply for a spousal sponsorship, would the applicant be able to stay in Canada during the application process?
 

scylla

VIP Member
Jun 8, 2010
93,607
20,915
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hypothetically if we were able to get married and apply for a spousal sponsorship, would the applicant be able to stay in Canada during the application process?
You still haven't provided very much information - so difficult to answer your questions.

If the applicant is non visa exempt and does not have a valid TRV at this time, you should assume that a TRV will not be approved after marriage. So in that case the answer to your question would be no.