Hello guys! I am new here and I have a very complexed case. My husband went to Canada as a foreign student, and then he got a 3 year work permit. Soon after the 1st year of his work permit, I applied for a visitor visa.. got rejected. Husband hired a lawyer in Canada and they applied, again i got rejected. Our lawyer suggested to appeal for my case in the Immigration Court there.. so just 2 days back, after the wait of a good long 10 months, I heard that the case was dismissed and I was refused again. This is frustrating and honestly, my husband has paid a Lot of money for all these attempts and for hiring the lawyer there in Canada. The reason they give for my visa rejection is that they are not sure if I'm going to leave Canada or not. Now, its the 2nd year of my husband's work permit and he has completed his work hours as required for applying for a PR. Our lawyer told him that he can apply for his PR along with his spouse's (me). So now he is thinking to apply for our PR as other people have also done the same and their application for PR was accepted as a couple. Keep in mind that he is in Canada on a work permit, and I am outside Canada.
Can you guys please help me and suggest anything, ANYTHING at all that allows me to go to Canada and be with him as soon as possible? As far as I know, my husband will apply for our PR together, and after 3,4 months they will notify us if our application is received/accepted or not. And THEN, after 8-10 months we both will get our PR. He will get his There and I will get my PR here and only Then I would be able to travel. Is there any way that I can travel right after my PR application is accepted/received? or do I have to wait for the 10 months to get the PR letter in my hands? Not to mention, we have been living apart for 4 years now and we both are mentally exhausted now. Please help us. Thanks a lot
A significant component of any temporary resident application (which may include a work permit, a study permit, or a temporary resident (i.e., visitor) visa) is the immigration official's satisfaction that the candidate is a bona-fide temporary resident. This means, essentially, that the immigration official must be satisfied that the candidate has an intent to depart Canada if temporary status expires, and no extension or other status is granted that permits remaining in Canada.
Ordinarily, when an individual is refused on this basis once, a subsequent application that is based on the same facts will be refused as well. Unless there was some fundamental flaw in the process or some element of the law that was violated, a judicial review or appeal would not be successful.
The only thing that can aid in resolving your short term admissibility as a visitor is a new case that substantially improves on the demonstration that you have sufficient ties to your home country that you would be likely to leave if need be. This ordinarily comes in the form of evidence of financial, familial, or employment ties. No matter how good that case is, however, inevitably there is a high level of discretion associated with the official's decision, and there is no assurance that even the best case would yield a positive result after everything described.