Visa/residence permit

[kswan]

Hello all.
Im new on this forum, from Canada with my wife still living in Sweden. I want to get her here to Canada on a visa and apply for residency from here. We have been together for 6 years and were rejected for a residence permit last year. The explanation was a lack of eveidence even though we provided 5years worth of E mails and plane tickets and pictures. She was not even given an interview. Im just wondering if anyone has done it this way with sucsess?

 

[computergeek]

Is there a reason you didn't appeal the refusal?

You can apply again, but you really need to address the concerns of the visa officer in your prior case. Have you ordered your CAIPS notes from that previous refusal?

If your wife is permitted to enter Canada, you can apply from inside Canada, but you don't have a right of appeal with an inland application. Regardless, you need to really focus on addressing the concerns in the prior application or you will just end up with another rejection.

 

[Isometry]

Just a point of clarity: Last year, was she applying for permanent residency as your spouse, or for a temporary residency permit?

 

[kswan]

Thanks for the replys. We didnt appeal for a couple of reasons. My then conjugal partner was very disapointed with the candian immigration system after having her paper work turned down several times. My sponsorship application was accepted immediately. Also It became a bit to expensive to hire a lawyer after 5 years of paying for airline tickets. I contacted my MP but that was of no use at all.
The immigration office in missisaga to me she did not need a visa coming from Sweden. The Immigration office in London told her that she needed a visa. At the end of it all we were told that we have not convince this individual in London that we were a couple.
I now have a residence permit for Sweden and really just want my wife to come to Canada while I wait for my retirment from the military next summer. It would be better if she could work here but in the end we just want to be together.

 

[computergeek]

There are three basis for sponsoring a spouse/partner in the family class:

• Spouse - this means you are legally married under Canadian law. This is the easiest of the three, requires evidence you are married and evidence that the relationship is genuine.
• Common-law Partner - this indicates you have lived together in a marriage-like relationship for at least one year. This requires stronger evidence that you are cohabitating - shared finances, beneficiaries on each other's life insurance, a lease in both your names, common ownership of automobile, etc. This also requires that you show evidence the relationship is genuine.
• Conjugal Partner - this is the most difficult type of relationship to prove. It does not require that you live together, but it requires that you show you WANT to live together but due to impediments you cannot do so. The evidence here has to include material proving you have tried to live together but have been refused. The evidence for your relationship has to be by far the best of the three categories.

You described her as a "conjugal partner", which is why I went through these definitions. I've never heard of a heterosexual couple from a visa exempt country being able to obtain conjugal sponsorship - you generally cannot prove the barriers required to meet the requirements of that category.

But it sounds like you are married now. Given the duration of your relationship and the fact you are now married, I would expect that you won't have a problem. Indeed, you can point to the previous rejection and say "look, you want to know how 'genuine' this is? We've been trying to do this for a LONG time and we've done everything we can to be together..." They questioned the relationship in the past, you've strengthened your commitment to each other. The next VO to look at it is likely to agree you've shown genuine intent.

I think you'll be fine. Put together your application, make the evidence of your relationship strong. Be up front about the prior rejection and tell them you've addressed the issues. You'll be fine then.

 

[kswan]

Thank you very much for your reply. You have given a better understanding of requirments for immigration.