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Visitor visa for dependent wife refused

Discussion in 'Visitors' started by Ashish1788, Dec 3, 2018.

  1. Dear friends, I am in a troubled situation and need your help. I am an Indian citizen and am on a work permit in Canada since the last one year. My current work permit will expire in September 2019. I recently came to India and got married to my fiancee. Immediately after the marriage my wife applied for a temporary resident visa (visitor visa) for Canada. She is currently unemployed in India and is completely dependent on me. We were planning to live together in Canada for the remaining period of my work permit. Apart from the temporary resident visa and the family information form, we supplied the following documents:
    1. A signed invitation letter to my wife,
    2. A signed letter from myself declaring that I will be taking care of my wife's living expenses and accommodation from my earnings,
    3. A letter signed by my wife asserting that her means of financial support are my income,
    4. A signed letter from my wife declaring that my wife's purpose of travel to Canada is to live with myself.

    In all the above documents we carefully mentioned that we would return back to India after the expiry of my work permit.

    Apart from the above we provided the following documents:
    1. My work permit,
    2. A letter from my department stating my position, salary details etc,
    3. Our marriage registration certificate,
    4. A proof of the upfront medical exam that my wife took,
    5. My salary slips for the last six months (my salary is C$ 51,000 per annum),
    6. My account statements for the last four months (I have approx C$ 10,000 in my Canadian account),
    7. My BC Hydro bills for the last four months,
    8. My BC ID card,
    9. My wife's account statement for the past one month (since she is unemployed there is not much activity in her account, it just holds approx C$ 4600),
    10. Scanned copy of the first and last pages of my wife's passport (This will be her first visit abroad so all other pages are empty).

    We made the application on Nov 23rd, 2018, and got a refusal for the visitor visa on Nov 30th. We were both shocked, as we were expecting that the visa approval for a dependent spouse should be smooth. The visa officer in the rejection letter has mentioned that based on the purpose of visit, and my wife's personal assets and financial status, it was not clear that she would leave Canada at the expiry of the visa. They have kept the option of re-applying open, provided we can prove that she would leave Canada at the end of her visa's validity. This seems to be a hard thing to prove, and I need your advice on which documents to attach in the re-application process so that the officer gets convinced that we have no intention at all of overstaying in Canada.

    From my side, I am thinking to put in more money into my wife's account and then attach a new bank statement, improving her financial assets (from C$ 4600 to C$ 9300). Apart from this I am planning to put in the receipt of a fixed deposit account we have, which also holds approx C$ 9300. This will prove that she has financial assets of at least C$ 18,600 in her name. Also, I live in my family home, registered under my grandmother's name. I hold a share in the property, and by virtue of being my spouse, my wife also has a share in it. I am planning to include an affidavit declaring the same, which will further improve upon financial assets. Other than that I have asked my department in Canada to provide me a letter stating that we would leave Canada at the expiry of my work permit.

    Do you think that including the above documents in the re-application makes it stronger on the grounds for which the first application was rejected? Do you think I should include any other document, in particular return tickets for India for September 2019?

    Many many thanks for your help and suggestions!!
     
  2. Unfortunately, a TRV refusal was/is guaranteed even if she reapplies. She has no ties to India + she has made her intentions clear that she intends to stay with you for the duration of your WP (which is not something a visitor will do).

    The additional documents you have suggested would confirm that these ties were created just for a TRV i.e. these ties are not genuine.

    Your only option is to apply for a SOWP if your job is in NOC 0, A or B
     
    Ashish1788 likes this.
  3. Thanks a lot for your comments! Can you please tell me what SOWP category stands for? Is it the dependent spouse open work permit category?
     
  4. That's right
     
    Ashish1788 likes this.
  5. I work at the University of Victoria and my wife is indeed eligible to apply for an SOWP. However, the sole reason we chose to go for a visitor visa was the less processing time needed as opposed to an SOWP. The immigration officer at the university has suggested that I should apply for my wife's visitor visa from my GCKey account, inviting her to live with myself in Canada. Do you think this makes sense? Will it help in getting the visitor visa?

    Also we applied straight for approx. 10 month visitor visa (the duration of stay left in my work permit). Do you think we should go for shorter duration visitor visa, like 3 months or so? We can then apply for an SOWP while she is in Canada and perhaps get it done in the 3 month period, so she won't have to leave?

    Can you please also give me some suggestive idea about how long will an SOWP processing take, if we go straight for SOWP now rather than a visitor visa, provided my wife already has her medical exam done?

    Many thanks for your help!!
     

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