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Autumo

Newbie
Nov 20, 2019
6
0
Hello,
I am hoping someone could clear up the question on the application "are you accompanying a family member that has status in Canada, or has recently been approved".

A bit of background on our case.
I am a Canadian citizen but living in Australia now with my common-law partner. We have tried twice for a TRV visa for Canada but have been rejected both times. The latest time was for not satisfying the purpose of visit, family ties in Canada and country of residence, and immigration status. I believed we gave sufficient evidence so I am in contact with our local MP who told us the agent also rejected my partners Visa based on dual intent

My question is - does a Canadian citizen has status in Canada?

My partner is accompanying me considering we are flying together at the same time and will leave Canada the same time. But do I have legal status or is that just reserved for pr and other visas?

I am wondering if this is why his other application was refused because he said yes for accompanying a family member but if I dont have status in Canada because I am a citizen.

I am hoping someone out there can help in anyway.

Thanks so much

Jesse
 
You have status. You can enter, remain in and work in Canada. Your spouse however has no right of entry, regardless of your status, unless IRCC/CBSA allow her entry. Foreign national spouses of Canadian citizens and PRs always find it difficult, particularly if a TRV is required. The assumption (right or wrong) is they will remain in Canada during sponsorship. If that isn’t the plan, your TRV application needs to clearly indicate why you will return to Australia. What’s her status in Australia?
 
You have status. You can enter, remain in and work in Canada. Your spouse however has no right of entry, regardless of your status, unless IRCC/CBSA allow her entry. Foreign national spouses of Canadian citizens and PRs always find it difficult, particularly if a TRV is required. The assumption (right or wrong) is they will remain in Canada during sponsorship. If that isn’t the plan, your TRV application needs to clearly indicate why you will return to Australia. What’s her status in Australia?


Thanks so much for the reply back, I am just getting a lot of conflicting information regarding whether or not we need to put yes or no for that answer.

Another question I have now is on the IMM5257 form, with regards for the purpose of visit we said in the past application 'family visit'
He doesn't have family other than myself considering we are common law in Canada. But the main purpose for visit in to visit my family (I guess his family since we're common-law?) and not tourism because he's coming for Christmas to visit family with tourism on the side.

My partner's status in Australia is a Student Visa holder with work and study rights until 2021. I am on the same type of visa. We have given a lot of proof such as: His immigration visas from Australia showing an active visa here, his school tuition and fees paid and the dates, letter of employment and no obligation letter, payslips, cover letter detailing plan while in Canada and would leave, lease agreement here in Australia which is still active, his CoE from school, and the invitation letter from my father in detail.

According to the Glossary when you click the hyperlink on the page before where you can submit documents for your application this is what it says regarding status.

Glossary
Status
An official document issued by a IRCC or Canada Border Services Agency (CBSA) office, Case Processing Centre (CPC) or Canadian visa office outside Canada, such as one of the following:

• Immigrant visa and record of landing (IMM 1000)
• Confirmation of permanent residence (IMM 5292)
• Permanent resident card
• visitor record
• work permit
• study permit
• temporary resident permit

So, this makes me question as to whether or not a Canadian has status according to this glossary definition as a citizen has never been issued a document from those bodies of government.
Am I safe to make this assumption?

Then, with regards to the family information form it asks about accompanying a family member to Canada which we selected yes.

I feel so conflicted with this and any help is greatly appreciated.
 
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