TRV for spouse of a WP holder rejected

[mevscanada]

Hello,

I'm a Russian citizen temporary working in Canada as a Software Engineer in one of the world's top tech companies from September 2018. I worked in USA from June 2017 until Aug 2018 and then changed my employer and got a Canadian WP. I lived and worked in Russia before June 2017 and had a girlfriend there who were studying in a Medical College. Since she was studying I couldn't take her with me to the USA, but when I got a WP and she was done with the College I decided to get back to Russia in October 2018 and proposed to her. The official marriage ceremony happened 2 month later in December 2018 in our hometown in Russia.
I applied for a WP for my spouse myself (I think I've done lots of mistakes there) and it was refused with many reasons (about 5). I also applied for GCMS information request for the refusal and the main denial reason was that the officer wasn't satisfied that we were in genuine relationship due to lack of evidence and that I was working in the USA for a year. Note that the WP application for my spouse was filled by me and I really didn't provide much of pictures and evidence which is my fault.
Next time I hired immigration lawyers that are official partners of my company helping employees to deal with Canadian immigration. The second time we and the lawyers prepared 147 pages (!!!) of evidence including 15 pictures from different stages of our relationships, 4 support letters from relatives, payslips, statements, transaction histories, rental agreements etc.. Note that this time we decided to do a TRV not a WP. (I'm writing this and can't believe that a single country can require sooooo many documents to get a tourist visa - this is ridiculous). So, we applied for a TRV and after more than a month of wait the application was refused again with this (from GCMS notes):

• Applicant claims relationship began at same time that spouse was ostensibly residing in the USA as per his application. Not satisfied that applicant has been truthful and that she would respect terms and conditions of TRV issuance i.e. depart Canada should a TRV be issued.

Well, apparently an officer didn't read our relationships statement and other documents where we provided exact dates where we first time met, what was the situation and that I worked in Russia back in 2017.

Well, there is nothing we can do but to apply again. Me, my spouse and the lawyers think that this refusal may be due to dates I put in my WP application which may be confusing for the officer to understand where I was in 2017 (I stated that I worked for the same company from 2015 until 2018, but I should've stated that I worked 2015-2017 remotely in Russia and then 1 year in the USA). However, we deliberately explained everything in the documents before but with no evidence. This time we are providing even more evidence which will result in about 200 pages of documents.

The question is: What is the opinion of the community about the last refusal even though so much evidence provided? Why would Canada refuse a tourist visa for a skilled worker's spouse? Is our assumption and the direction of our third application correct? If the application is refused again what may be the possible reason and what are our options?

Thanks,
Hope this post will help someone.

 

[canuck78]

The lawyer made a mistake and should have applied for SOWP. You were correctly refused for a TRV for your wife since she isn't a temporary visitor she wants to live here. Your first application would have been approved had you provided more proof about your relationship.

If you don't like Canada I am sure you can get a job in various countries. You and the lawyers were the ones who filled out the forms incorrectly and applied for the wrong visas so not IRCCs fault.

 

[Copingwithlife]

For a country that has so many wrong things going for it, you sure did try to get your spouse here . Since you work for one of the worlds largest tech companies, and you’re salary is so high , I’m positive many other countries would welcome you and your spouse . Ensure your application is filled in correctly moving forward , since it seems the root of your problem was filling them incorrectly, or not double checking them, not the taxes here , the price of groceries, or a tank of gas

 

[mevscanada]

Sorry @canuck78 and @Copingwithlife if you heard me wrong. I'm just a little upset about all this situation and I'm almost 8 month separated with my family.

I've read a lot of forums before applying as well as consulted with other folks who were in the same situation and got visas for their spouses. General recommendation was to get a TRV first and then get an OWP. My lawyer also confirmed that it is the right choice. I think I even read it on the IRCC portal somewhere. Why do you think that we should apply for OWP right away?

 

[canuck78]

Sorry @canuck78 and @Copingwithlife if you heard me wrong. I'm just a little upset about all this situation and I'm almost 8 month separated with my family.

I've read a lot of forums before applying as well as consulted with other folks who were in the same situation and got visas for their spouses. General recommendation was to get a TRV first and then get an OWP. My lawyer also confirmed that it is the right choice. I think I even read it on the IRCC portal somewhere. Why do you think that we should apply for OWP right away?

SOWP is the right thing to apply for. As I said she is not a visitor she wants to relocate to Canada. Some people are able to prove very strong ties to their home countries and qualify for TRV but most have to apply for SOWP. The reason for refusal says their concerns is she won’t leave Canada like a visitor. Then there is an issue of you beginning your relationship while you were in the US. You will have to address whether you met online or why the timing coincides with you living in the US.

 

[mevscanada]

SOWP is the right thing to apply for. As I said she is not a visitor she wants to relocate to Canada. Some people are able to prove very strong ties to their home countries and qualify for TRV but most have to apply for SOWP. The reason for refusal says their concerns is she won’t leave Canada like a visitor. Then there is an issue of you beginning your relationship while you were in the US. You will have to address whether you met online or why the timing coincides with you living in the US.

That's the thing that timings are not coincide with me being in the US. We've met before even I got a US visa. We explained everything in the application (with no evidence though) but looks like an officer didn't read it. This time we are trying to add the evidence with explanations. Anyways it is unclear to me why is it that difficult to get a tourist visa? She already passed a medical exam, she has a police certificate about no criminal records, she is my spouse and there are many other things. This is the first country for me that has such hard visa policies. It feels like Canada doesn't welcome anyone.

 

[canuck78]

That's the thing that timings are not coincide with me being in the US. We've met before even I got a US visa. We explained everything in the application (with no evidence though) but looks like an officer didn't read it. This time we are trying to add the evidence with explanations. Anyways it is unclear to me why is it that difficult to get a tourist visa? She already passed a medical exam, she has a police certificate about no criminal records, she is my spouse and there are many other things. This is the first country for me that has such hard visa policies. It feels like Canada doesn't welcome anyone.

You always have to provide evidence or it doesn’t count. Your wife is not a visitor unless she is planning on coming for a week and then returning so she doesn’t qualify for a TRV. Why would any country approve a tourist visa for someone who permanently wants to move to the country.