What are we doing wrong?

[Autumo]

Hey everyone,

I am seeking clarity or some more information about the next steps that my partner and I could possibly take so we can get his TRV approved. I feel like we are at the end of the rope where to go and the last step would be the Federal Court of Canada. Sorry if this is a long thread and a lot to read but I am just needing some more assistance as I genuinely feel like I have exhausted all my resources and don't know what other evidence to provide to the immigration here in Sydney.

A bit of background. I am a Canadian citizen from Alberta and have been with my partner for 4+ years. He is an Indonesian citizen and we are living in Sydney, Australia. Our immigration status here in Australia is on students visas until 2021. We wanted to go and visit my family for this Christmas, stay for 29 days and all accommodation, food, clothing, travel expenses would've been covered from my family (stated in invitation letter). We are common-law considering we have lived together for more than 2+ years with proof given.

We have applied 3 times for a TRV various dates throughout the years and all of them keep getting refused.

We applied for his second visa application in mid-October and received the refusal on 15 Nov. The reasons were family ties in Canada and country of residence, purpose of visit and immigration status. I was under the full assumption that we would have satisfied the immigration agent for all those reasons given the evidence we submitted for the second application:

-Bank statements 6 months (Chequing acct, Savings, joint bank acct) all in my partners name showing $15,000 CAD.
-Invitation letter from my father explaining reason of travel, expenses paid, my father would bring my partner back to airport to catch flight
-Travel history showing all stamps previously travelled countries (Singapore, Thailand, Malaysia on many occasions, Australia for many years as a Working Holiday Visa, Student Visa and Tourist Visa)
- All past work visas and student visas from Australia 3+years
-Return plane ticket from Sydney to Calgary
- Letter from work saying he has time off and reason for leaving
- Pay slips from work 6 months
-Current visa from Australia showing active status until 2021
- Joint Bank acct, Lease agreement showing active lease until next year, NSW gov't relationship certificate
-Photo
-Passport
-Detailed Itinerary explaining purpose of visit
- Cover letter

So with those documents we were still not granted, we figured we would re-apply and try to satisfy the three refusal points on the previous application

We re-applied on the 22nd of November and got our refusal on the 2nd of December.

There were 5 reasons this time for the refusal:
- Immigration status, family ties in Canada and country of residence, financial status, purpose of visit, travel history.

With regards to the travel history and financial status, we gave the exact same documents for travel history and the 2nd application was accepted for travel history but now he is rejected? And for finances, he (my partner) has more than $15,000 now as we updated the bank acct statements to show more money since he got paid from work in the time it took to apply for the 3rd TRV.

Submitted documents this time:
-Bank acct for 6 months (Joint, Savings, Cheq) more than $15,000 Cad
-Tuition fees paid for school and recent receipts in Australia
-Letter from employer granting time off of work to come to Canada
-Land certificate from Indonesia translated to English
-Birth Certificate from Indonesia translated to English
- Family card from Indonesia showing all siblings and parents translate to English
-His mum's passport
-Letter from his mum explaining his reason for travel and giving blessing to go/ explaining that after Australia we will return to Indonesia where my partner hopes to open a cafe... hence why he is studying in Australia
-Letter from me explaining our reason for travel and life in Australia/my passport/my visa status in Australia
- Relationship certificate from state of NSW Australia
-Lease agreements showing we have a room to return to upon our arrival back in Australia
-Past work/student visas in Australia 3+ years
- Current/active visa in Australia showing status until 2021
- Passport/Photo
-NSW photo cards showing status in NSW, Australia
-Invitation letter from my father, stamped by lawyer in Canada explaining reason of trip, costs would be covered, bring my partner back to Airport to catch flight, just want to spend Christmas in Canada and leave
-Family information form
-Application form
-Return plane ticket already paid
-Past travel history and all stamps in his passport (Singapore, Thailand, Malaysia on many occasions, Australia for many years as a Working Holiday Visa, Student Visa and Tourist Visa)
-Detailed itinerary showing estimated expenses
-extremely detailed cover letter from my partner explaining reasoning of wanting to go to Canada for Christmas, the consequences of not returning to Australia would be cancellation of Australian visa, losing all the money paid for school, lease agreement money forfeited, our life, friends and jobs would be at risk, etc to really drill the fact we have a settled life here in Australia and do not intend to compromise that.

We made a table of contents for the immigration officer so they could easily find all the required documents in each PDF file.

At this point in time I don't understand how is it so hard to satisfy their requirements and to make them believe that he will leave Canada at the end of his stay given all of our documents. We do not want to stay there and will only be there for Christmas and to show him some sights in and around Calgary and Alberta.I have already spoken with the Member of Parliament in Lethbridge who spoke with the immigration officer in Sydney regarding the second application and they believed there was a Dual Intent purpose and that was the reason for refusal. The MP also mentioned whether or not it was just a 'money grab' by the immigration officer to try and obtain more money for the govt??

How do we prove that the immigration officer on the 3rd application actually read all the necessary documents especially considering the travel history and finances aren't good enough now but they were before? I have requested the GCMS notes but those take time of course. I truly believe that we have given all the documents to prove he will leave Canada and have literally given all the documents we can from his home country and from his family showing ties to Indonesia/Australia are stronger than Canada. Essentially I just want to know whether it is something we are doing wrong, or is it the agent not doing their duty fully and refusing for unjustified reasons.

If anyone could shed some light into what else we can do to satisfy their requirements that would be fantastic.

Thank to everyone for reading all of this!

 

[canuck_in_uk]

Hey everyone,

I am seeking clarity or some more information about the next steps that my partner and I could possibly take so we can get his TRV approved. I feel like we are at the end of the rope where to go and the last step would be the Federal Court of Canada. Sorry if this is a long thread and a lot to read but I am just needing some more assistance as I genuinely feel like I have exhausted all my resources and don't know what other evidence to provide to the immigration here in Sydney.

A bit of background. I am a Canadian citizen from Alberta and have been with my partner for 4+ years. He is an Indonesian citizen and we are living in Sydney, Australia. Our immigration status here in Australia is on students visas until 2021. We wanted to go and visit my family for this Christmas, stay for 29 days and all accommodation, food, clothing, travel expenses would've been covered from my family (stated in invitation letter). We are common-law considering we have lived together for more than 2+ years with proof given.

We have applied 3 times for a TRV various dates throughout the years and all of them keep getting refused.

We applied for his second visa application in mid-October and received the refusal on 15 Nov. The reasons were family ties in Canada and country of residence, purpose of visit and immigration status. I was under the full assumption that we would have satisfied the immigration agent for all those reasons given the evidence we submitted for the second application:

-Bank statements 6 months (Chequing acct, Savings, joint bank acct) all in my partners name showing $15,000 CAD.
-Invitation letter from my father explaining reason of travel, expenses paid, my father would bring my partner back to airport to catch flight
-Travel history showing all stamps previously travelled countries (Singapore, Thailand, Malaysia on many occasions, Australia for many years as a Working Holiday Visa, Student Visa and Tourist Visa)
- All past work visas and student visas from Australia 3+years
-Return plane ticket from Sydney to Calgary
- Letter from work saying he has time off and reason for leaving
- Pay slips from work 6 months
-Current visa from Australia showing active status until 2021
- Joint Bank acct, Lease agreement showing active lease until next year, NSW gov't relationship certificate
-Photo
-Passport
-Detailed Itinerary explaining purpose of visit
- Cover letter

So with those documents we were still not granted, we figured we would re-apply and try to satisfy the three refusal points on the previous application

We re-applied on the 22nd of November and got our refusal on the 2nd of December.

There were 5 reasons this time for the refusal:
- Immigration status, family ties in Canada and country of residence, financial status, purpose of visit, travel history.

With regards to the travel history and financial status, we gave the exact same documents for travel history and the 2nd application was accepted for travel history but now he is rejected? And for finances, he (my partner) has more than $15,000 now as we updated the bank acct statements to show more money since he got paid from work in the time it took to apply for the 3rd TRV.

Submitted documents this time:
-Bank acct for 6 months (Joint, Savings, Cheq) more than $15,000 Cad
-Tuition fees paid for school and recent receipts in Australia
-Letter from employer granting time off of work to come to Canada
-Land certificate from Indonesia translated to English
-Birth Certificate from Indonesia translated to English
- Family card from Indonesia showing all siblings and parents translate to English
-His mum's passport
-Letter from his mum explaining his reason for travel and giving blessing to go/ explaining that after Australia we will return to Indonesia where my partner hopes to open a cafe... hence why he is studying in Australia
-Letter from me explaining our reason for travel and life in Australia/my passport/my visa status in Australia
- Relationship certificate from state of NSW Australia
-Lease agreements showing we have a room to return to upon our arrival back in Australia
-Past work/student visas in Australia 3+ years
- Current/active visa in Australia showing status until 2021
- Passport/Photo
-NSW photo cards showing status in NSW, Australia
-Invitation letter from my father, stamped by lawyer in Canada explaining reason of trip, costs would be covered, bring my partner back to Airport to catch flight, just want to spend Christmas in Canada and leave
-Family information form
-Application form
-Return plane ticket already paid
-Past travel history and all stamps in his passport (Singapore, Thailand, Malaysia on many occasions, Australia for many years as a Working Holiday Visa, Student Visa and Tourist Visa)
-Detailed itinerary showing estimated expenses
-extremely detailed cover letter from my partner explaining reasoning of wanting to go to Canada for Christmas, the consequences of not returning to Australia would be cancellation of Australian visa, losing all the money paid for school, lease agreement money forfeited, our life, friends and jobs would be at risk, etc to really drill the fact we have a settled life here in Australia and do not intend to compromise that.

We made a table of contents for the immigration officer so they could easily find all the required documents in each PDF file.

At this point in time I don't understand how is it so hard to satisfy their requirements and to make them believe that he will leave Canada at the end of his stay given all of our documents. We do not want to stay there and will only be there for Christmas and to show him some sights in and around Calgary and Alberta.I have already spoken with the Member of Parliament in Lethbridge who spoke with the immigration officer in Sydney regarding the second application and they believed there was a Dual Intent purpose and that was the reason for refusal. The MP also mentioned whether or not it was just a 'money grab' by the immigration officer to try and obtain more money for the govt??

How do we prove that the immigration officer on the 3rd application actually read all the necessary documents especially considering the travel history and finances aren't good enough now but they were before? I have requested the GCMS notes but those take time of course. I truly believe that we have given all the documents to prove he will leave Canada and have literally given all the documents we can from his home country and from his family showing ties to Indonesia/Australia are stronger than Canada. Essentially I just want to know whether it is something we are doing wrong, or is it the agent not doing their duty fully and refusing for unjustified reasons.

If anyone could shed some light into what else we can do to satisfy their requirements that would be fantastic.

Thank to everyone for reading all of this!

That sucks.

A refusal isn't a money grab. It costs far more than $100 to actually process an app, so for an MP to say that is just ridiculous.

The fact that the previous refusals didn't include all of the same reasons doesn't mean that they weren't also an issue for the previous apps. It could be that the previous VO didn't feel the need to further mention or review other refusal reasons.

A month is long. He should have asked for a shorter visit, a few weeks. Having your parents state that they would pay all expenses was also not good. IRCC wants to see that applicants can fully fund their own trip. The fact that he doesn't have permanent status in his current country of residence is a negative. The fact that he has a Canadian common-law partner is also a negative, as it shows that he could have intent to remain in Canada. While he has had travel to Australia, his remaining travel history is weak; IRCC wants to see travel to developed visa-requiring countries and compliance with those visas.

At this point, you should wait for GCMS notes to see more detailed information. Don't reapply before getting the notes.

 

[Autumo]

That sucks.

A refusal isn't a money grab. It costs far more than $100 to actually process an app, so for an MP to say that is just ridiculous.

The fact that the previous refusals didn't include all of the same reasons doesn't mean that they weren't also an issue for the previous apps. It could be that the previous VO didn't feel the need to further mention or review other refusal reasons.

A month is long. He should have asked for a shorter visit, a few weeks. Having your parents state that they would pay all expenses was also not good. IRCC wants to see that applicants can fully fund their own trip. The fact that he doesn't have permanent status in his current country of residence is a negative. The fact that he has a Canadian common-law partner is also a negative, as it shows that he could have intent to remain in Canada. While he has had travel to Australia, his remaining travel history is weak; IRCC wants to see travel to developed visa-requiring countries and compliance with those visas.

At this point, you should wait for GCMS notes to see more detailed information. Don't reapply before getting the notes.

Thanks for the quick reply back! I do appreciate it.

The invitation letter stated this: "He has saved over CAD$14,000 which will afford him his travel and visit in Canada. Accommodation, all meals, winter attire, and road travel expenses will be provided and paid for by myself." which was written by my father.
It doesn't say that all expenses will be paid for by my father, we just wanted to emphasise the fact that we would have accommodation (my family home) to stay in. In our detailed itinerary we outlined the places we'd visit and the accommodation we would have booked i.e. hotels/b&b's in those touristy areas. We also mentioned how long we would be at my family home and how long we would be with my other family members and their homes.

I can't do much about the fact I am Canadian and we are common-law but I thought that perhaps by providing my proof of immigration status here in Australia that it would give them the indication that I do not want to live back at home when we fly there for the Christmas vacation.

For our trip that we planned, a month was reasonable in our eyes as I thought we justified why we wanted to spend that amount of time there. The places we wished to visit and the time spent at each place (noted in the itinerary), and the time spent at my families homes in bc and alberta between the touristic activities.

I agree with you on the fact that he doesn't have PR in Australia or the like, however I thought that with his visa status extending well into 2021 and the evidence we gave with that, it would have satisfied their fear on him staying in Canada. Even when we applied for the first TRV when we were living in Indonesia together it was rejected in Jakarta from the VO. They were not happy with his finances even though we had just a bit less than now and he had his own business at the time in Indonesia.

So, it has definitely been a struggle thus far but I guess I will wait for the GCMS and see where we can take it from there.

Once again, I appreciate you taking the time to read my post!

 

[canuck_in_uk]

Thanks for the quick reply back! I do appreciate it.

The invitation letter stated this: "He has saved over CAD$14,000 which will afford him his travel and visit in Canada. Accommodation, all meals, winter attire, and road travel expenses will be provided and paid for by myself." which was written by my father.
It doesn't say that all expenses will be paid for by my father, we just wanted to emphasise the fact that we would have accommodation (my family home) to stay in. In our detailed itinerary we outlined the places we'd visit and the accommodation we would have booked i.e. hotels/b&b's in those touristy areas. We also mentioned how long we would be at my family home and how long we would be with my other family members and their homes.

I can't do much about the fact I am Canadian and we are common-law but I thought that perhaps by providing my proof of immigration status here in Australia that it would give them the indication that I do not want to live back at home when we fly there for the Christmas vacation.

For our trip that we planned, a month was reasonable in our eyes as I thought we justified why we wanted to spend that amount of time there. The places we wished to visit and the time spent at each place (noted in the itinerary), and the time spent at my families homes in bc and alberta between the touristic activities.

I agree with you on the fact that he doesn't have PR in Australia or the like, however I thought that with his visa status extending well into 2021 and the evidence we gave with that, it would have satisfied their fear on him staying in Canada. Even when we applied for the first TRV when we were living in Indonesia together it was rejected in Jakarta from the VO. They were not happy with his finances even though we had just a bit less than now and he had his own business at the time in Indonesia.

So, it has definitely been a struggle thus far but I guess I will wait for the GCMS and see where we can take it from there.

Once again, I appreciate you taking the time to read my post!

It really does suck. It looks like he is genuine and you guys submitted a lot.