What type of Visa application for friend/girlfriend/boyfriend for PR holder

[flangepoint]

Hey guys, I need some urgent help! :-[ :-[

here is the story in short. I'll paint the picture as clear as I can, but it gets a tad bit complicated. :'( :'( here we go

I'm Indian, landed in Toronto in march as PR, found a permanent job ;D ;D. Now, my girlfriend who is in India, Indian citizen/passport holder, needs to visit me. So she made a TRV application in Mumbai for visitor visa. The purpose of visit was Visit friends/family. :

Here is the checklist of documents we provided: :'(

FROM HER:
Her bank statement,
Her 3 months salary slips,
Her 2 years pervious income tax returns
From her employer - NOC - Proof of employment


From me:
Invitation Letter signed by me,
My PR card copy
My financial statement/ statement of incorporation


The current processing times is 33 days for the applications made outside Canada. She applied on 21 July and her request for visa has been rejected today 24 August (25 working days). :-X :-\
These are 2 reasons in the denial letter.

1. Travel History
2. Purpose of visit.


My questions/concerns

1. There is risk of applying again for the fear of getting rejected. When is the best time to apply, wait time etc? Can I apply immediately ?? ??? ???
2. In case she applies as a tourist, (last time is was "Visiting Family/Friends) with no reference to a relation with me, does she have a better chance of getting a visa? : :-[
3. I have a non refundable air ticket expiring on 15 Sept. So I must get a visa before that time. How can I do this? :-[
4. Best option for now it seems, at least in terms of processing times is TRV application made from within Canada, processing time is just 8 days (we have 21 days in order to not lose out on the air-ticket).
Challenge: here I have been asked to fill up forms in order to prove my relationship

i. IMM 5409 E Statutory Declaration of Common Law Union to prove my relationship with her.
I need to at-least one of the proofs to be able to complete these forms
a. jointly signed a residential mortgage or purchase in which we live/lived- I do not have any such proof
b. jointly signed any property agreement - I do not have any such proof
c. Have joint accounts, charge cards, trust fund. - I do not have this either. What we do have is, a record from bank where we have transferred money to each
other. These amounts are quite significant. around 50k per transaction.
d. Have declared our common-law union under Canadian Act - We do not have this
e. Either of us have any insurance policy with beneficiary name of the other person - we don't have this either
f. There is a section though which states, " If none of the above are applicable, what other documentary evidence do you have that would indicate relationship as
common law partner. [/b]

ii. IMM 5645 E Family information - Basically, this form ask for her family information.

Everything said and done:
We are planning to apply her PR once I get back to India. Does her visa rejection impact her prospects of obtaining a PR. (Note: There is no rejection stamp on the passport). But my question is, does the Immigration Office (IO) run her file against any previous records to make his decision. Are there any specific questions that ask her to reveal her visa rejections in the PR form. Finally, does this affect her getting a PR/ TRV in the future.

Also

This is what I'm trying to do. I created a PRC code using 2 different answers to questions that CIC ask at the time of eligibility for application of TRV. Can anyone of you tell me which is the best method of applying in my case, or which is the best possible answer to the questions below


Question:What is the main purpose of your visit?
Answer one: Tourism
Answer Two: Visiting Family/Friends

If I choose Tourism, the process is quite straight forward where no documents or forms are required to prove any relationship. IMO, I would definitely need to show them bookings for her stay & a copy of return tickets.

If I choose Visiting Family/Friends - There is no option for selecting a person as friend. As if CIC does not recognize "be friends" to be a valid ground for granting TRV for 12 days "da fuk'

Anyways, after I select Visiting family/friends, I get the next obvious question whether or not I have a proof of relationship with this person.
Whats the best annwer here?
Option 1 - Yes - If I answer yes, I need to provide common law proof, which I do not have
Option 2 No - here i do not have to provide any proof, but then do I not stand the risk of getting rejected with "no proof of relationship?


Now, which one would be a wise option ?
Choosing answer: Family/Friends & providing petty pieces of proof
Choosing answer: Family/Friends & choosing answer "No proof of relationship
Chossing answer: Toursim & thereby taking a completely new approach, mentioning no relationship, booking her hotel accommodation & presenting it as a proof.


Its convoluted story folks, I appreciate the time each one of you took to read through this. Please share your valuable thoughts. Your comments would help me understand how to work my way up this mountain. Appreciate your ideas, questions, comments, do's/dont's, feedback. Cheers guys.

 

[Bryanna]

Hi,

It's never a wise idea to buy tickets, especially non-refundable ones, before a visa is issued.

Quite honestly (and based on your post)..... she has not shown any real *strong ties*. IMO, it's best to forget flying on the September 15 flight tickets.

Processing times are only indicative. It can take longer/faster than the IRCC posted average processing time.

You are common-law if you can prove that you have cohabited for at least 12 months continuously. Are you in a common-law relationship?


1. You can apply anytime. She must be able to prove that she has overcome the refusal reasons/circumstances have changed

2. It will not help if she does not mention you in the next TRV application. The next visa officer will review the notes of her previous TRV refusal when he assesses her new TRV application.


Cheers

 

[flangepoint]

Hi Bryanna,

thanks for reading the post & your reply. I'm regretting the buying of tickets. I agree, no hopes that she can fly on 15 Sept now. Just trying to learn the best possible course of action after has happened. Trying to salvage what can be.

if you go by the true sense of it, in terms of laws, I have no proof that we are common-law. we've known each other for almost a year though. Its a LDR (Long Distance Rel'ship)

What could possibly be the next steps here? Thanks again for inputs. Cheers.

 

[canuck_in_uk]

i. IMM 5409 E Statutory Declaration of Common Law Union to prove my relationship with her.

We are planning to apply her PR once I get back to India.

Does her visa rejection impact her prospects of obtaining a PR. (Note: There is no rejection stamp on the passport). But my question is, does the Immigration Office (IO) run her file against any previous records to make his decision. Are there any specific questions that ask her to reveal her visa rejections in the PR form. Finally, does this affect her getting a PR/ TRV in the future.

You are not common-law, so trying to declare that you are is fraud.

As a PR, you cannot submit the PR application until you are actually back in Canada.

Multiple TRV rejections can lead to higher scrutiny of a PR app but are not a cause for refusal. She will have to declare refusals in the PR app and the VO will have access to them in the system.

 

[Bryanna]

Hi,

Do be very careful about what you mention in your TRV applications as that information will be on record when you file for her PR.

As you are NOT common-law, you can file for her PR after you get married to her.


I would suggest the following:
1. Do not reapply immediately. Wait until she has stronger ties to India.

2. What other ties can she show: Property ownership or lease agreement, dependent family members, good financial situation, any previous travel history?


Cheers

 

[flangepoint]

You are not common-law, so trying to declare that you are is fraud.

As a PR, you cannot submit the PR application until you are actually back in Canada.

Multiple TRV rejections can lead to higher scrutiny of a PR app but are not a cause for refusal. She will have to declare refusals in the PR app and the VO will have access to them in the system.

Hi canuck_in_uk,

thank you for taking the time to read through this post and share your thoughts. I appreciate it.

I do not wish to manipulate the CIC rules whatsoever as I plan to build career & my family here. So that's not even an option. Sorry if I came across as someone trying to stage a fraud. I do not.
Sorry, I think I haven't been clear in explaining this precisely. I'm the PR holder & currently I'm in Toronto.
Agree with you on the Multiple rejection leading to higher scrutiny of PR. So I wont reapply.

 

[flangepoint]

Hi,

Do be very careful about what you mention in your TRV applications as that information will be on record when you file for her PR.

As you are NOT common-law, you can file for her PR after you get married to her.


I would suggest the following:
1. Do not reapply immediately. Wait until she has stronger ties to India.

2. What other ties can she show: Property ownership or lease agreement, dependent family members, good financial situation, any previous travel history?


Cheers

Hi Bryanna,

thank you for taking the time to read through this post and share your thoughts. I appreciate it.

No, we're not common-law. Yes, I think that is the only way out.
What other ties she can show:
1. NO property ownership.
2. What documents can prove that she has dependent family members? Can you call out list of documents that proves family dependency.
3. Yes, she has a stable job for last 4 years, a decent financial situation,
4. Yes, she has traveled recently on a 6 month project to Burma sponsored by her company.

Please shed some light on what documentational proof can support her having stronger ties to India ? thanks.

 

[canuck_in_uk]

I do not wish to manipulate the CIC rules whatsoever as I plan to build career & my family here. So that's not even an option. Sorry if I came across as someone trying to stage a fraud. I do not.
Sorry, I think I haven't been clear in explaining this precisely. I'm the PR holder & currently I'm in Toronto.
Agree with you on the Multiple rejection leading to higher scrutiny of PR. So I wont reapply.

You didn't come across as wanting to commit fraud. It just seemed like you didn't understand the seriousness of saying you are common-law when you are not.

 

[Bryanna]

Hi,

You''re welcome.

There's no standard or defined list to prove that immediate family are dependents. For example:
1. If her parents are dependent on her financially.... she pays the rent/mortgage, utility bills, groceries, insurance premiums, etc

2. If her parents have a medical condition that makes them dependent on her for their well being, medical tests, visits to the doctor/hospital, etc

3. If her parents have issued a Power of Attorney in her favor to represent them for their property, financial matters, etc


Unfortunately, Burma will not count as *Travel History* for a Canada TRV. Countries which have stringent visa procedures like the US, UK, Schengen etc


Cheers

 

[rockylife]

I'm in the same boat as your gf flangepoint!