Immigration Corner | Husband in Canada and visa delayed

Dear Ms. Powell,

I applied for a Canada visitor visa from September last year and up to now I have not received any email or response. I received my US visa last year August without any problem. I am not trying to run away. I only want to visit my grandmother and my husband who is in Canada. Please help me understand why it is taking so long and what I should do.

MW

Dear MW,

When both your husband and grandmother are in Canada, immigration officers will look at your application very carefully. The main legal test for a visitor visa is whether you will leave Canada at the end of your authorised stay. That is where your ties to Jamaica become critically important.

Immigration, Refugees and Citizenship Canada (IRCC) must be satisfied that you are a genuine temporary visitor and will need tangible proof that you do not intend to remain permanently in Canada without the required legal documents. The burden is on you to demonstrate that your life is firmly rooted in Jamaica and that you have stronger ties there that will motivate you to return at the end of the time granted as a visitor.

WHO AND WHAT ANCHORS YOU IN JAMAICA?

You must present proof of what anchors you in Jamaica. Do you have young children living in Jamaica? Are you employed in a stable job? Do you own property, operate a business, or have financial obligations? Do you have the finances to ensure that you can finance your trip and your meet your financial obligations in Jamaica at the same time? These are some of the of ties that reassure an officer that you have compelling reasons to return home. Refer to my past articles about establishing ties to your home country.

Travel History Matters

Your US visa is helpful. Have you visited the USA or any other country recently? What matters most is whether you have travelled to other countries and returned home in compliance with visa rules. A clear pattern of lawful travel and timely return builds credibility.

When a Spouse Is in Canada Permanently

What is your husband’s status in Canada? Is he there on a study or work permit? If your husband is a Canadian citizen or permanent resident living in Canada permanently, the officer may view your visitor application with greater scrutiny. If you both intend to live together long term, you should consider speaking with an immigration lawyer about a spousal sponsorship application.

WHAT YOU SHOULD DO NOW

Login to your online profile to see the status of your application. You should be able to see the status of your application and what stage they are with the processing.

Have you checked the average processing time for visitor visa from your home country? You can check the current processing times on www.canada.ca. If your file is beyond the listed timeframe, you may contact IRCC online by submitting Web Form enquiry to request a status update. You should be prepared to provide at least of the following numbers: application number, Unique Client Identifier (UCI), or passport number. You must also have a valid email address so that you can receive a response directly from IRCC. You should check your spam regularly, as the response could be filtered there.

If you need additional information, I recommend that you schedule an appointment with a Canadian immigration lawyer to assist you further.

Deidre S. Powell is a lawyer, mediator, and author of Tell Me a Story Grandma. Contact her via Facebook or at www.deidrepowell.com.