Outland Spouse query- Post visitor visa refusal

[prakhyyy]

Hey Guys ,

I am PR , married in Feb,spouse in india ,

applied for visitor visa and got refusal this week(applied as spouse visit with job No objection for 3weeks vacation and enough funds)

Refusal based on family ties in canada and home country, also purpose of visit.

preparing spousal sponsorship application parallelly- working on application right now and timelines are crazy

Is there any other chance ?

1 . should i reapply for VV with a consultant or Imm lawyer and try will that change anything?

2. If there is second refusal - will that jeopardize the PR sponsorship or any other immigration process ?

3.Is there any chance of VV approval after application of spouse sponsorship ? if so whether to apply pre or post AOR1 ?

 

[DimT44]

Hey Guys ,

I am PR , married in Feb,spouse in india ,

applied for visitor visa and got refusal this week(applied as spouse visit with job No objection for 3weeks vacation and enough funds)

Refusal based on family ties in canada and home country, also purpose of visit.

preparing spousal sponsorship application parallelly- working on application right now and timelines are crazy

Is there any other chance ?

1 . should i reapply for VV with a consultant or Imm lawyer and try will that change anything?

2. If there is second refusal - will that jeopardize the PR sponsorship or any other immigration process ?

3.Is there any chance of VV approval after application of spouse sponsorship ? if so whether to apply pre or post AOR1 ?

1- You can if there is material change in your spouses circumstances. If you're sending the same exact documents again the chances of the outcome changing are slim
2- A second refusal will not impact PR sponsorship, but if there are many refusals IRCC will suspect the intent of the marriage. (Limit your refusals to 3 TRVs)
3- If your spouses circumstances are the same as the first application, and no material change happens, then actually your chances will become lower. They refused the first time because of family ties.

Your chances would have been better if you applied for TRV before the marriage. Anything after the marriage will be slightly more difficult since ties in Canada > India since her partner is in Canada.

 

[prakhyyy]

1- You can if there is material change in your spouses circumstances. If you're sending the same exact documents again the chances of the outcome changing are slim
2- A second refusal will not impact PR sponsorship, but if there are many refusals IRCC will suspect the intent of the marriage. (Limit your refusals to 3 TRVs)
3- If your spouses circumstances are the same as the first application, and no material change happens, then actually your chances will become lower. They refused the first time because of family ties.

Your chances would have been better if you applied for TRV before the marriage. Anything after the marriage will be slightly more difficult since ties in Canada > India since her partner is in Canada.

Thank you! Appreciate your time and reply!,

Due to circumstances , we could not apply for TRV before marriage , After everything I feel like i woke up after the refusal.

 

[Naturgrl]

Agree with @DimT44's comments. Gvien you are married (and recently too), start the spousal sponsorship process. Are you in Canada now?

 

[prakhyyy]

Agree with @DimT44's comments. Gvien you are married (and recently too), start the spousal sponsorship process. Are you in Canada now?

Yes I am in Canada , and getting all the application forms and documents together for sponsorship, Thanks

 

[armoured]

3- If your spouses circumstances are the same as the first application, and no material change happens, then actually your chances will become lower. They refused the first time because of family ties.

Largely agree but there are multiple reports of success applying for TRV during the PR spousal - eg if reviewed after AoR2 or pre-arrival, but certainly after AOR1. Not a guarantee - also multiple reports of refusals - but non-zero chances. And no harm in applying say 3-5 months after submitting spousal sponsorship ap.

 

[prakhyyy]

Largely agree but there are multiple reports of success applying for TRV during the PR spousal - eg if reviewed after AoR2 or pre-arrival, but certainly after AOR1. Not a guarantee - also multiple reports of refusals - but non-zero chances. And no harm in applying say 3-5 months after submitting spousal sponsorship ap.

@DimT44

What is the buzz word "Dual Intent" mean?
Is it used anywhere in cover letter or invitation letter or other doc in TRV application ?

 

[armoured]

@DimT44

What is the buzz word "Dual Intent" mean?
Is it used anywhere in cover letter or invitation letter or other doc in TRV application ?

Dual intent states in regs that entering to visit and also to have a PR app considered (eg in spousal app) is not in and of itself a reason for refusal - they still have to find other reasons like doubting you will return. (Or put differently, it's okay to have two reasons at the same time - but 'okay' doesn't mean you'll get approved).

You don't need to refer to dual intent by name. And my guess is that it will not help you to mention it specifically - it'll likely sound artificial and 'lawyer-y.' To the extent possible, address the issues that the refusal was based on - liikelihood of returning to home country.