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Visitor Visa refused for spouse of Canadian Citizen, need advice

cmcsbdg22

Member
Jul 25, 2020
10
0
Our situation is as follows:
We are a legally married couple, both currently residing in a third country (not Canada, not applicant's native country)
I am a Canadian Citizen who is attending a Canadian university remotely from this country, since the whole COVID situation started.
However, the university announced that beginning next Fall (September), course delivery will revert back to in-person, and I will be needed back in Canada to continue my studies.
I have foreseen this situation and applied for both Permanent Residency (Family Sponsorship) and Temporary Residnece Visa back in January, so that we can enter with the TRV before September while we wait for the result of the PR application.
Today we have received a letter from IRCC saying that the TRV application was refused, for the following reason:

"I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on the purpose of your visit."

I suspect that this is either because:

1. IRCC doesn't generally issue TRV for spouses, and their only recourse is Family Sponsorship
2. Since applicant doesn't currently reside in her home country or have active responsibilities there, they saw this as a weak motive to return if PR application is refused in the future

I am at a loss as to what we should do next, and in need of advices. Are there cases where spouses were issued TRV, meaning this was because our application was weak? Or are spouses of citizens generally rejected TRV?

Should we reapply for TRV, or should I simply take time off from the university and wait for the PR results? What is the best course of action here?

Thanks in advance.
 

Naturgrl

VIP Member
Apr 5, 2020
44,473
9,380
You are correct in your reasonings for the refusal. Because you have a spousal sponsorship application submitted, a TRV is difficult to obtain because your spouse needs to prove that he/she is just visiting and will return to their home country. Your spouse can’t. Plus to get a TRV, your spouse needs to show strong ties to home country (properties, investments, job etc.). Spousal sponsorship takes approximately 12 months (or more). You can try for a TRV again if you can show strong home country ties. I can’t tell you to take time off from university. That is your decision.