TRV to Canada under CAN+ after one refusal

[itskatzchen]

Hi,
In August 2019 I have applied for a tourist visa to for the visit of my fiancé who recently moved to Toronto as a permanent resident. We have been together for 4 years previously and engaged for about a year.

So, to explain my situation:

I am a citizen of Azerbaijan, however currently and for over 5 years I am living in Poland as a temporary resident with a work and study permit. I went to university here , graduated from bachelor and currently I am working full time in the same company for 3.5 years and studying full time masters in the same university related to my current occupation. My salary is way above average for the city I live in and i have enough savings for my trips

It's also worth to mention that I have a huge travel history including 7 visas (one valid) to the UK, Europe and two US visas which at the time were long time expired but proved my good travel history.

During my application I have submitted the following documents:

• Invitation letter (notary verified) from my fiancé with the address, occupation and all his immigration details
• Proof of financial means (I showed a slip from bank that I have $9,000 USD in the bank, all my work contacts which stated how much I earn monthly before taxes and pay slips with all the information about taxes, translated and notary verified). I haven’t shown the bank statement for the past six month, as one PDF file for online application was too heavy to upload (over 4 MB) after multiple compression and the file was already 30 pages long.
• All of my visas and residence permits for the last 7 years
• Purchased return ticket to Toronto and back to my resident country
• In cover letter I have described with bullet points and additional information the reasons I have to return to my resident country which included obviously my job (I am employed under the most binding employment contract for indefinite period of time), my ongoing master degree (I am on EU scholarship and I wouldn’t want to lose it), mentioned my apartment contract which was valid for another year (I live in the same address for over 3 years) and I mentioned the fact that I have travelled and lived in many countries such as USA, UK, Germany, France and never broken any immigration laws. I have also included screenshots of my current grades in the university, my previous bachelor diploma and pictures with my fiancé over years to prove that it's not a random person.

In the end, my application was refused under 179(b) the officer doesn’t believe I will leave Canada due to 3 reasons :

1. The purpose of my visit
2. based on my personal assets and financial status
3. based on my current employment situation

I can more or less understand first two points - I am visiting a fiancé and I live in the country of residence alone with no children and family, and I don’t own any property or assets (I was 23 years old at the time) , but the last one, I don’t understand as my job is as stable and secure as it gets.

Now I am thinking to reapply again.

A few things have changed:

I received a US B1/B2 visa right after my Canada visa refusal and it's still valid. I and my fiancé got married. I've got a slight salary raise, but as for the rest, nothing else have changed. It is also worth to mention that I have no ties whatsoever with my home country, I haven't lived there since I was 15 y.o.

The question is, is it worth to reapply? There are a few things I could show differently (for example, instead of showing all my 10 work contracts, show a summary from HR with current salary and paid vacation and when I'm expected back; official confirmation from the university that I have paid in advance and I'm expected for studies & graduating soon, letter from a landlord that my contract is extended for years ahead and that I lived there for a very long time and etc.)

The situation is basically the same, the presentation will change. The most important, my fiancé is now my husband and we have an official proof of relationship (it seems like it works against us for a visitor visa) and now I'm eligible for CAN+.

Any suggestions what I could do differently given the circumstances?

P.S. I am not interested in applying for spousal visa as I do not want to immigrate to Canada.


thank you very much for your time!

 

[bellaluna]

IMO you will not be considered for CAN+ given the refusal and your profile, even if you’re supposedly eligible on paper. It is applied by the officer’s discretion and not to all.

If you wish to reapply, do so with a strong, well-documented application. If you must, also indicate you have no plans to migrate to Canada for now.

 

[vtdat08]

You understand the requirement so well. My suggestion is that you should try to submit again on paper.

 

[itskatzchen]

You understand the requirement so well. My suggestion is that you should try to submit again on paper.

I was wondering how applying through paper instead of online gives me any leverage? it seems like the paper application is way too much work and harder to track, but of course, if there are more chances it's worth to consider.

 

[Jets13]

I was wondering how applying through paper instead of online gives me any leverage? it seems like the paper application is way too much work and harder to track, but of course, if there are more chances it's worth to consider.

Just curious your spouse is a pr of Canada and the plan is to leave and join you in your country of residence? Just note that if they want to keep their PR they must meet certain residency requirements.

Having a spouse in Canada who is a PR will make it tough to get a visitor visa but not impossible. I think the officer will find it tough to believe that you do not have an intention of joining your spouse. If your spouse has plans to join you I guess you can include that as a part of your application. If you only got the one refusal on your file really the only thing you would lose by trying again is the fee.

 

[itskatzchen]

Just curious your spouse is a pr of Canada and the plan is to leave and join you in your country of residence? Just note that if they want to keep their PR they must meet certain residency requirements.

Having a spouse in Canada who is a PR will make it tough to get a visitor visa but not impossible. I think the officer will find it tough to believe that you do not have an intention of joining your spouse. If your spouse has plans to join you I guess you can include that as a part of your application. If you only got the one refusal on your file really the only thing you would lose by trying again is the fee.

Thank you for your reply,

So, the plan is as follows:
I plan to stay in the country of my residence for at least a few years more - I have a stable and indefinite work contract in the field I want to work and build my career in. Also, I have been a resident here since 2014 and in a year I will be eligible for a permanent residence which also follows by eligibility for citizenship in 2 years after that.

My spouse has two more required years until he gets a right to apply for citizenship and move wherever he wants. The truth is, we both don't know where we will settle in the end, however what we want now is a chance to see each other more often. At the moment we are forced to travel to different countries to spend time together every 2-4 month and me not being able to visit him, puts a restrictions as his job is less flexible than mine to take holidays and jet to another country.

I understand that this is not a typical marriage arrangement in general terms, but we are both young and currently we have different goals that require us living in different countries. I, for example, don't want to move to Canada as currently I don't see career opportunities there and career is important for me.

I just don't know how to prove that my personal ambitions at this moment of my life come first and I wouldn't jeopardize my ongoing career here, to deceive IRCC and have artificially created immigration issues in Canada.
The officer stated that he doesn't believe I will leave Canada after my stay, but why they don't question the fact whether I would leave my settled life in Europe, having a well-paid job with a good salary and high standard of living to come to Canada, live in fear, have no right to work or study?

Also, if I wanted to join my husband, i would apply for a spousal visa and do it properly (yes, i'm aware spousal visa takes much longer and I have read that many people get visitor visas not to wait for so long), but I am just not sure how to prove myself not to be one of those people. I am currently 24, I rent the property I live in and I dont plan on taking a mortgage just to get a visitor visa to Canada and prove my ties this way.

 

[Jets13]

Thank you for your reply,

So, the plan is as follows:
I plan to stay in the country of my residence for at least a few years more - I have a stable and indefinite work contract in the field I want to work and build my career in. Also, I have been a resident here since 2014 and in a year I will be eligible for a permanent residence which also follows by eligibility for citizenship in 2 years after that.

My spouse has two more required years until he gets a right to apply for citizenship and move wherever he wants. The truth is, we both don't know where we will settle in the end, however what we want now is a chance to see each other more often. At the moment we are forced to travel to different countries to spend time together every 2-4 month and me not being able to visit him, puts a restrictions as his job is less flexible than mine to take holidays and jet to another country.

I understand that this is not a typical marriage arrangement in general terms, but we are both young and currently we have different goals that require us living in different countries. I, for example, don't want to move to Canada as currently I don't see career opportunities there and career is important for me.

I just don't know how to prove that my personal ambitions at this moment of my life come first and I wouldn't jeopardize my ongoing career here, to deceive IRCC and have artificially created immigration issues in Canada.
The officer stated that he doesn't believe I will leave Canada after my stay, but why they don't question the fact whether I would leave my settled life in Europe, having a well-paid job with a good salary and high standard of living to come to Canada, live in fear, have no right to work or study?

Also, if I wanted to join my husband, i would apply for a spousal visa and do it properly (yes, i'm aware spousal visa takes much longer and I have read that many people get visitor visas not to wait for so long), but I am just not sure how to prove myself not to be one of those people. I am currently 24, I rent the property I live in and I dont plan on taking a mortgage just to get a visitor visa to Canada and prove my ties this way.

People do it the proper way but as you said that takes much longer, and couples want to be together as soon as possible. So they apply for a pr and hope to get a visitor visa while it is processing or apply for a visitor visa and then try to apply inland.
Your current situation cannot go on forever, at some point I presume either you would join your spouse or your spouse would join you. As you are not currently a permanent resident in your country while your husband is in Canada its reasonable for the officer to assume you will join him. Many people leave settled lives in their home country to settle in Canada, especially if their spouse is there.
Your situation is definitely unique and not the norm, hence you are being lumped in with other people who fit your profile. (non resident of a country that is not their birth, and a spouse in Canada with pr)

again no harm in trying to apply again provided you declare all your previous refusals.

 

[remyvo84]

Hi there, I have a similar situation to you, I am currently living in New Zealand with a temporary visa. My boyfriend is a Canadian. My visitor visa was refused. Having a boyfriend or any relatives in Canada are a big reason again your application, if that is your husband, it's obvious that you will be rejected. That's ridiculous and i made the same mistake. The second reason is you are not living in your country. Hope you can find a way to unite with your family. all the best!