I am a Canadian citizen and our daughter a canadian national.My husband is a non-resident with no intention to immigrate in the near future.
We applied for his visit visa for this winter so.that he could come for the birth of our second baby and then we could all return to Pakistan together in January.
His paperwork for the visa was perfect but he got rejected because the visa officer does not feel satisfied that my husband will return to Pakistan at the end of his visit given his family ties in Canada.
Please advise on what options I may pursue. Should I provide the visa officer with proof of our travel plans back to Pakistan as a family? Or consult a lawyer? How can I convince the officer that he will in fact return at the end of his visit.
You can convince the officer by telling him taught if you ever wanted husband till move permanently to Canada, then you could've easily sponsored his spouse visa. Although my question is also the same. Why is that he does not want to move to Canada?
If he is in the airforce, I'm sure his services are needed in Pakistan. Being a Pakistani, why not consider permanently moving to Pakistan and staying with your husband for support?
I would guess there is an appeals process for rejected visa's in Canada. Appeal and give additional documentation like his job status, property, flights etc that you did not send initially. Also consider applying for full Canadian citizenship while the rules are lenient so your husband would not have to apply for a visa for the rest of your lives everytime he wants to visit you in Canada.
I think by back and forth she means that she does live with her husband but she travels to Canada when needed.... As in meeting family... Delivering a baby etc.
These are the downfalls of having your cake and wanting to eat it too.
I've seen several spouse visit visas rejected in the past year. I would hazard to guess that it will be highly unlikely that even an appeal will over-turn this decision. Particularly if your husband is in the forces (as the political instability in Pakistan will lend them to believe that he may want to come for a visit and then slip away here) and both you and your daughter are residing in Canada.
Your "living situation" of back and forth between Canada and Pakistan is to maintain your PR status, is it not? And you are having your children in Canada because you want them to benefit from the nationality, correct? If these hold true then as I said above....you're trying to have your cake and eat it too and the immigration officials don't take too kindly to that. There are folks that have been asked "Why don't you make up your mind. Either live here or live there."
Your best bet will likely be to get an immigration lawyer involved to see if he/she can use some clout to get this decision reversed.
Yeah you should hire an immigration lawyer but even with that, there's no guarantee that he'd make it for the birth of your second child. These things can time.
@muzna I got my citizenship a long time ago so its not a PR card related scenario.
I spoke to an immigration lawyer and he advised to order the CAIPS notes which are basically an immigration officers detailed notes of an application. I can look at the details of why exactly he was refused and then reapply with proof that we will be accompanying him back.
That and a cover letter explaining that if.he was interested in staying in Canada then we could have applied for his immigration long time ago.but he's not interested in immigrating. And mention that given his extensive international travel history, he won't be sticking around later after his visa expires. And mention that its been a long time.since he saw his kids and by being refused he's essentially being denied access to his children.
I mailed.in my CAIPS request this morning. Please pray for me that thy come in due time so that he can come visit.
I think that you have to show that your husband will return to Pakistan after the visit and not stay on in Canada. You have to establish that he has strong links to Pakistan and is financially sound to be able to support himself there. You have to show that he is not using the visit visa as a shortcut to a permanent entry into Canada.
Why don't you go visit him?
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Moreover, why aren't people marrying people who live in the same country?**
Probably because they don't like the people living in the same country or the people don't like them. They just go to a place (Pakistan ) with more options.
Well I can’t speak for everyone who married a person from elsewhere but he’s my cousin and our families have great chemistry. Hence the marriage. And alhamdulillah he has proved to be a wonderful husband and father.
I was supposed to go back to Pakistan early next year. But we figured he could come over for a nice vacation before then and then accompany me back on the flight with a toddler and a baby.
Show your husband's Pakistani Air Force status and explain using it, that that is the reason why you can't apply for a spouse visa ... That he needs to a) return back to duty and b) his status in the forces requires him to have single citizenship ... (I think Pak forces can only have one citizenship) ... Alternatively see if he can get diplomatic visa from Pak government.
Pakistan Americans/Canadians/peoplewholiveinothercountries, this is why you don't marry someone from Pakistan, and marry a person of Pakistani descent living in the same country as you.