Wife's TRV application rejected....pls advise!

Canada Immigration Forum (discussion group)


 
       
Subject: Wife's TRV application rejected....pls advise!
  Hello,
Need expert advice.

-I came to Canada on work permit and was single when received work visa.
-after a month of being in Canada, i travelled back home and got married.
-once back in Canada, i filled out a TRV application with all supporting documents for my wife and she submitted it to the local consulate.
-after exactly two months consulate refused the application.

Following is the reason marked on the refusal notice: "You have not satisfied me that you meet the requirements of Regulation 179: that you would leave Canada at the end of the temporary period if you were authorized to stay. In reaching this decision I considered several factors including: your travel history; your immigration status; your family ties in Canada and in your country of residence; length of proposed stay in Canada; purpose of visit; limited employment prospects in your country of residence; your current employment situation; your personal assets and financial status; and/or your history of having contravened the conditions of admission on a previous stay in Canada (if applicable).?

A lot of gibberish; but what does it mean? What are our REALISTIC options?

We just got married and living apart is not exactly what we had planned.

Any advice is greatly appreciated.
Best regards,
IA.

[26-01-2009,10:56]
[**.234.151.231]
ia76
(in reply to: Wife's TRV application rejected....pls advise!)
Guess you should of gotten advice before trying to do it yourself.

Look at it from their point of view.

Your from country (A) working in Canada and your country is how prosperous? UNK

Your spouse has "never" traveled out of country (A)!

Your on a work permit and you fly home to get married after being in Canada for (FOUR) weeks!

Your spouse submits no evidence of relationship for her TRV application because it is not required.

************If it looks like a Duck, walks like a Duck and quacks like a Duck, it probably is a DUCK.******************

WHAT ON EARTH WHERE YOU THINKING?

WHY WOULD YOU (NOT THINK) THAT CIC WOULD THINK YOU ENTERED INTO A BOGUS RELATIONSHIP TO SNEAK THE WOMEN CONCERNED INTO CANADA?

Roy
www.cvimmigration.com

[26-01-2009,23:09]
[**.52.217.179]
Roy
(in reply to: Wife's TRV application rejected....pls advise!)
Roy, you are right...i never thought that, because it was never that what you are describing.

I am carrying a Pakistani passport; I was born and raised in Saudi; but I was working in US for almost 13 years before coming out to Canada.

We had an arranged marriage and our wedding was scheduled almost a year ago for October 2008.

In hind side now that I think about it, I guess I should have lied and applied for work visa as a married couple. But being the way I am, I did everything by the book. When I was offered a position and I applied for work visa I was single so I listed myself as single; I reported for work in Toronto as promised and left for the wedding as scheduled and also agreed upon by the employer; but then I guess being truthful can hurt sometimes and I should have realized that when it mattered instead of blaming a shabby system now.

It is sad and ironic at the same time; here we are being labeled as ´ducks´ and two people who are in a ´bogus´ relationship, while I am putting my heart and sweat into designing some of the most sophisticated software for Canada.

With all due respect Roy, contrary to your analysis and description of our relationship, we are MARRIED and followed CIC´s process to the T. Infect, a Mississauga based law firm advised to apply for a TRV as I was not familiar with any of Canadian immigration laws, and the application was filled by one of the attorneys at the law firm as it represented us as our legal counsel. It was mailed over to Pakistan where my wife signed it (per the directions of the lawyer here in Canada) and submitted it to the consulate.

It was refused.

Now the lawyer or rather the Liar, is suggesting applying for an ?open work permit? for my wife and is giving me 90 percent success probability. I don?t believe him because if that was the case, than why he recommended TRV in the first place.

Hence I am here on a forum asking you for advice and wanting to know if there are any options? Other than packing up my bags, waving a Canadian flag with a big fake smile, and booting myself out :)

[27-01-2009,01:53]
[**.234.151.231]
ia76
(in reply to: Wife's TRV application rejected....pls advise!)
No you shouldn´t have lied on your application, however you have to appreciate the position of CIC.

The key here that Roy didn´t state from the regulation above is: You have not satisfied me that you meet the requirements of Regulation 179: that you would leave Canada at the end of the temporary period if you were authorized to stay

You are just married. Your wife is coming to ´visit´ and therefore would at most be looking for a visa for maybe 6 months. She spends 6 months here, you are 8 months into the marriage, is she going to go home because her visa is about to expire? I am skeptical, as I know I wouldn´t want to leave my new husband and so the CIC is also skeptical.

To be granted a TRV, she needs to show that she has more ties to her home country and will be returning ~ job letter, land, etc ~ that would make her return home.

Until you can prove that she will go home, they won´t issue a visa.

[27-01-2009,02:23]
[**.156.10.181]
Carrie
(in reply to: Wife's TRV application rejected....pls advise!)
Carrie, thanks for the clarification.

However, I think it is nonsensical to not allow wife to join their husband for the length of the project. It would have made sense to deny me, but denying her is rather stupid. What is she going to do here when I finish my commitment and move on to the next project wherever it may be.
It almost feels like being used by Canada; I know you are paying me well, but what happened to Canadian spirit.

In any case, can you please explain what ?open work permit? is and whether it is something worth trying or is it preferable to keep my head down, save my money, do my time, and move on.

Thanks a lot!
Regards,
ia76

[27-01-2009,02:49]
[**.234.151.231]
ia76
(in reply to: Wife's TRV application rejected....pls advise!)
Another thought....is it possible to apply for a new work visa and this time as a married couple?
[27-01-2009,02:56]
[**.234.151.231]
ia76
(in reply to: Wife's TRV application rejected....pls advise!)
Quote "but I was working in US for almost 13 years before coming out to Canada."

So if you were on a H1 Visa for (13 years) in US why did you not apply for PR in Canada? 13 Years and you just now found this site.

13 Years and I doubt very much you have an intention to remain in Pakistan with your new wife.

13 years so obviously your highly qualified in something. Go after the PNP certificate and bring her over.

Roy
www.cvimmigration.com

[27-01-2009,07:45]
[**.52.217.179]
Roy
(in reply to: Wife's TRV application rejected....pls advise!)
Roy,
Sorry I am not here to debate anyone; just looking for some options.
Not sure what PNP certificate is, but thanks for your input. I´ll look into it.

Carrie, do you have input regarding PNP certificate or any of the above as possible options?

Thanks a lot guys!

Best regards,
ia76

[27-01-2009,19:57]
[**.234.151.231]
ia76
(in reply to: Wife's TRV application rejected....pls advise!)
ia76 why wont you do a little research yourself? Roy and others gave you some pretty good base points.

www.Google.com -> PNP

[27-01-2009,20:05]
[***.209.209.129]
Anonymous
(in reply to: Wife's TRV application rejected....pls advise!)
Thanks Anonymous,
That is exactly what i was doing when your message poped up. I do realize that I took matters lightly in the past, I intend to stay on top of these matters now and will keep you posted.
Thanks,
ia76.

[27-01-2009,20:11]
[**.234.151.231]
ia76
(in reply to: Wife's TRV application rejected....pls advise!)
I?ve been here on work visa for 6 months; visa is valid till July 2009. I?ve looked into PNP Certificate as you (ROY) suggested; one of the conditions on it requires me to be here in Canada for one year. While ´Canadian Experience Class´ requires 2 years of Candian work experiance.

My question for you is, instead of applying after a year, can I apply for PR NOW under Point System (Skilled worker category)? Will my File be processed in Buffalo or Islamabad (Keeping in mind that my wife is in Pakistan and I am here in Toronto)? Estimated processing time in Islamabad is 5 years.

Also, my wife?s TRV application was rejected last week, will applying for TRV again, after we have submitted our PR application, have a negative, positive, or no affect? Do you recommend it? Or do you foresee any issues?

Question regarding work permit: Is it correct that I may be eligible for Open work permit once I have submitted my PR application?

Roy and Carrie, as always your input is greatly appreciated.

Best regards,
ia76

[30-01-2009,21:12]
[**.234.151.231]
ia76