TRV for Serbian boyfriend, one refusal, second try- please help!!!

[AnaAnchy]

Hi all,

I am a Canadian citizen and I just arrived in Canada two months ago (I got accepted into a PhD program with a full-time job and salary) after living in Serbia for the past 15 years. My boyfriend lives in Serbia, and we thought it would be best if he applied for a TRV once I arrive here, get married in Canada and apply for a spousal PR in-land. The only reason we didn't get married in Serbia an apply for a PR out-land firsthand is because of the long processing times (18 months)! We just want to be together, and this seemed like the best option.

Well- wrong! So we made a big mistake, he recently applied for a TRV to visit me as my common-law partner and was refused. We stated that we want to spend some time together and visit tourist attractions for two and a half months after which he would return to work. The main issue was of course- ties to country of residence and Canada.

Now, as we see it, our next option is for him to apply for a TRV, but under different circumstances. This time we thought it might be the best idea for him to apply for a TRV and a study permit, but only for 4 months. Yes, I know that a study permit is not necessary for under 6 months, but might be beneficial. He works as a strength and conditioning coach in Serbia, has a full-time job and sufficient finances (and papers to document all that). He would apply for a TRV and study permit in order to undergo a fast-track fitness program that is preparatory for the National Strength and Conditioning Association(NSCA) Certification, in order to register and pass the exam. He would attach the acceptance letter from the program as part of the application (and the institution is on the CIC designated institutions list). As this certification is not available in Serbia, and no preparatory courses in Europe for NSCA in general, so it seems like it justifies coming to Canada to get certified. He would state when he needs to be back at work, and since this certification is accepted anywhere in the world, that it would enable him to get a salary raise.

We wouldn't mention ties to me at all this time.

Any advice? Suggestions? Do you think this would be a good idea?

I called an immigration lawyer the other day here in Vancouver, and he mentioned that it would be tough. But, I know it's not impossible, and I've seem a lot of inspirational threads on this forum.

If this doesn't work I'll have to come to Serbia for us to get married and then apply for PR out-land and wait a year and a half just to be together. :'( And I don't get much time off work for vacation unfortunately...

We would really appreciate all the help we can get!

Thank you!!!

 

[scylla]

I wouldn't apply for the study permit (although that's obviously just my two cents). As you are aware, you don't need a study permit for courses less than six months in duration. Applying for one after the failed TRV and when you don't actually need a study permit just draws more attention to your application and makes it look like you're trying to find another way to get him to Canada (which you are - but I believe the study permit for such a short course and a failed TRV makes this really obvious). I would stick with applying for another TRV and providing stronger evidence of ties to his home country.

If you are going to mention the fast-track fitness program as the reason for him coming to Canada, make sure you include a note from his employer confirming they are giving him the four month break and that he will be returning to his job once the course is over. If possible, it would be ideal that the employer also mention in this letter that this course is being taken to enhance his career with them (or something along those lines) and that he will qualify for a salary increase once the exam has been passed. Without a letter from the employer, it will probably be pretty obvious to CIC that you're just using the course as a means for getting him to Canada.

Keep in mind that CIC still has your failed application in their system with all of the information you supplied last time and the officer will almost certainly look at this record when reviewing your new application. While I agree he should not focus on his ties to you - he will have to mention you as his common law partner. He will also have to declare the TRV refusal in this new application.

 

[AnaAnchy]

Thank you scylla, your response was very helpful!

I know the VO don't have a lot of time per application, so I wasn't sure if they'd look into the common-law relationship from the last TRV. But I guess they certainly will as it seems.

Based on what you said, it seems like a better option just to apply for a TRV with the emphasis on professional training for the aim of enhancing his career in Serbia (which strengthens ties to country of residence). Do you think it would be a good idea for him to write a letter of explanation (aside from the letter from the employer)? Stating that he does not intent to overstay but to return to a better earning position in Serbia which would be supported by the letter from the letter from him employer.

Also, if he is mentioning me though, should I write a letter of invitation even though we're not stating visiting me as primary purpose of travel?
What should we do about the accommodation in this case? Do you think we should put that I will provide accommodation, or not? And I have a feeling that my PhD program will be a red flag to them, because then they know that I have to be in Canada for the next 4-5 years.

And do you consider he should register and pay the fee for the certification training before applying for TRV? We thought that would be a good idea and would make the application stronger. The non-refundable fee from the training institution is not high, so it wouldn't be a problem in that sense if he is refused again. Because it seems that if he doesn't do this, there's not enough strong evidence to prove that he will actually undergo training.

We're really hoping to get everything right this time and submit a strong and convincing application, but there are so many factors to consider...

Thanks so much again!!! We really appreciate the help and advice!