Hi All,
I was hoping to get some knowledgeable advice from the helpful users of this forum in my specific case.
Iâm currently on my 2nd Work Permit - implied status (expired June 14th, 2009) and currently waiting for an extension of my Work Permit. In addition, I do have an application for Permanent Residency (Skilled Worker) in process since August 2006 (Medicals done â have an interview waiting to be scheduled).
I recently got married in April, 2009. My wife is currently residing abroad in Russia. Iâve added her to my PR application recently and was hoping to bring her to live with me here.
My wife previously applied for a Canadian visitor/tourist visa in February, 2009 and was denied for the generic reasons (Wonât return to her home country etc.) even though sheâs had visaâs from countries such as the U.S., Japan, S.Korea etc. Sheâs currently working full-time back home and has assets such as an apartment, car, land etc.
I am aware that she can apply for an open work permit, once I get my Work Permit extension approved and then would be able to come here. I know that the open work permit is not 100% guaranteed and depends on various requirements and circumstances.
I am in process of preparing the application for the open work permit for her. I know of the required documents that are necessary as per the application process. But what I am looking for is additional documentation that I can provide that would help make her application strong and solid.
Would youâll be able to suggest any additional documents and things I would need to do or provide, in order to make her application strong and hope that she will get her open work permit approved, as I really miss her dearly, being newly wed and in love.
Thanks for your help in advance.
D.
Hi
dally4ca Wrote:Hi All,
I was hoping to get some knowledgeable advice from the helpful users of this forum in my specific case.
Iâm currently on my 2nd Work Permit - implied status (expired June 14th, 2009) and currently waiting for an extension of my Work Permit. In addition, I do have an application for Permanent Residency (Skilled Worker) in process since August 2006 (Medicals done â have an interview waiting to be scheduled).
I recently got married in April, 2009. My wife is currently residing abroad in Russia. Iâve added her to my PR application recently and was hoping to bring her to live with me here.
My wife previously applied for a Canadian visitor/tourist visa in February, 2009 and was denied for the generic reasons (Wonât return to her home country etc.) even though sheâs had visaâs from countries such as the U.S., Japan, S.Korea etc. Sheâs currently working full-time back home and has assets such as an apartment, car, land etc.
I am aware that she can apply for an open work permit, once I get my Work Permit extension approved and then would be able to come here. I know that the open work permit is not 100% guaranteed and depends on various requirements and circumstances.
I am in process of preparing the application for the open work permit for her. I know of the required documents that are necessary as per the application process. But what I am looking for is additional documentation that I can provide that would help make her application strong and solid.
Would youâll be able to suggest any additional documents and things I would need to do or provide, in order to make her application strong and hope that she will get her open work permit approved, as I really miss her dearly, being newly wed and in love.
Thanks for your help in advance.
D.
It is going to be extremely difficult for her to get a TRV and OWP. Not only was she refused a TRV to visit Canada, she now has a PR application in process with a spouse in Canada (although on a work permit with implied status) there is even less incentive for her to return to Russia. I don't there is anyway that you can make the TRV bullet proof so that it would be issued.
PMM
I agree with PMM - it's not likely your wife will be admitted to Canada under any circumstances until your PR application is finalized. But take comfort in knowing that you've done the right thing by adding her to your existing SW application - it's by far the most expedient way to be together again . . . and if you hadn't done that, you'd have been banned from ever sponsoring her to Canada at all.
Thanks PMM & RobsLuv for your replies.
I know it is definitely going to be hard but surely not impossible. I know CIC gives us the opportunity to apply for the Open Work Permit and the discretion is in their hands. I do not want to give up hope. It's really hard living apart and I'm ready to take any option to have her here with me.
Would it help, if I retained an Immigration Officer for my case?
What recourse do I have if they do reject the application. Is there an appeals process? Can the decision be challenged even though I provide them all the documentation to satisfy that she would return?
Hi
dally4ca Wrote:Thanks PMM & RobsLuv for your replies.
I know it is definitely going to be hard but surely not impossible. I know CIC gives us the opportunity to apply for the Open Work Permit and the discretion is in their hands. I do not want to give up hope. It's really hard living apart and I'm ready to take any option to have her here with me.
Would it help, if I retained an Immigration Officer for my case?
What recourse do I have if they do reject the application. Is there an appeals process? Can the decision be challenged even though I provide them all the documentation to satisfy that she would return?
1. I think that you should not try to "retain an Immigration officer", that is bribery, I think you mean an Immigration lawyer.
2. The only appeal is "leave to appeal to the Federal Court", your spouse would have 60 days from the date of the decision.
PMM
Hi PMM,
I do apologize, I`d like to clarify, I have no intention of retaining an Immigration officer, I meant `retaining an Immigration lawyer`to help with my case. Would that help?
How do I learn more about the `leave to appeal to the Federal Court` process? Is it worth going through this appeal process? How effective is the appeal process and what are the success rates?
Thanks again
Hi
dally4ca Wrote:Hi PMM,
I do apologize, I`d like to clarify, I have no intention of retaining an Immigration officer, I meant `retaining an Immigration lawyer`to help with my case. Would that help?
How do I learn more about the `leave to appeal to the Federal Court` process? Is it worth going through this appeal process? How effective is the appeal process and what are the success rates?
Thanks again
1. It is expensive and the case you outline would probably not be successful, as there would not appear to be an error in law.
2. You can take a look here as to what is involved.
http://cas-ncr-nter03.cas-satj.gc.ca/por...en/Process
PMM
Thanks again PMM for your assistance and advice. As you and RobsLuv mentioned that the only recourse we have is to wait for the PR to come through. As frustrating as it is, there seems to be no other options or possibilities for us to be together right now, and the only way is with me making expensive trips abroad to be with her for a week at a time.
In relation to trying to get the OWP and TRV for my spouse, this only depending on me getting the extension for my WP. The following is the documentation that weâve collected so far on her behalf inclusive. I will also provide additional documentation on my behalf to add to her application. Where required, the following documents were translated, certified and notarized.
*International Passport
*Internal Passport
*Birth Certificate
*Marriage Certificate
*Bank Certificate - Proof of funds (15K)
*Current Employment Letter
*Work Book (Employment experience)
*Certificate of Ownership/Deeds - Assets (Apartment, Land, Car)
*Resume
*Letter of Intent
*Proof of relationship (Emails, Money Orders, Letters, Photos)
If you can suggest of other documents that I could provide, it would be much appreciated.