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Rose (tech support)     13 December 2011

How to go canada with my husband



For past few years myself and dear H had some issues and it was blown because of his family members interference.   We had a talk along with elders recently and they agreed to accept me but however there is no response from them till date ( after talk).  Also, when we asked my husband and his family to take me along with him to canada..they refused it.  They asked me to work here and told me they will take me when time comes.    He is returning canada this month..please advise.   I want to go along with him. I am thinking his family said OK just infront of elders and now they are dragging it because they want their son to go to canada safely.


 18 Replies

**Victim** (job)     13 December 2011

If you are having problems from begining itself then why you want to join him ? Just get rid of it it seems your inlaws are not interested to to take you down to canada they are probably scare of you because of incapability between you and your husband. As you already know flying canada without visa is not possible. Did he file your visa papers ? Do you have spouse visa ? If not then there is no way he can take you just like that. It all depends what you want ? Do you want to keep this relation going then i suggest win their confidence and do whatever they say if you can't wait longer then file cases on your husband and stop him flying canada.

If you are planning to file cases then also you can't stop your husband flying canada because as long as he abides by courts terms and conditions he is free to fly back and forth to canada.

2 Like


Everything rotates around your husband he would have to send you a visit visa  for the time being . Migration would take a long time say around 2 years and you would have to apply for it .

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Tonja (Senior Advocate)     13 December 2011

Go for a talk and telll him poliety that you want to come with him..if not then ask when he can send visa to you.    If the timeframe is reasonable then you can wait.   To my knowledge, any dependant visa should not take more than 1 month..   If you think he drags time and planning to escape then I would suggest to block his passport/travel and sit for a talk.    Take help of woman's cell.  They will help you to go with your husband.

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Adv. Chandrasekhar (Advocate)     13 December 2011

I totally agree with Mr. Tonja, senior advocate.  Beware of the advises given by the people, who are biased and are fighting legal cases against their own wives.

If both husband and wife mutually agree for economic, social, cultural, health or any other valid reason to live separately, then it is O.K.  Even though it is not defined in the Constitution,  wife has got a  fundamental right to stay with husband and vice-versa.  A husband without having valid legal separation decree granted by the competent court  cannot refuse his wife to stay with him on some pretext.  In your querry, you did not mention that it is a visa problem and so, I am not dealing with it.    

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**Victim** (job)     14 December 2011

Without even turning this forum into further argument i agree to Mr. Tonja & Stanley i would like to conclude my comments saying do whatever is best for you sometimes you will find lawyers which will advise you to file fake cases so that they can drag cases in court which will be mutually beneficial to them itself but they don't realize that time and frustration from which a women or her family or the opposition goes through is never ending. There are some people which will say big big things in this forum but in reality they have big stack of female clients which are still suffering and he couldn't do much for them and the funny thing is that due to that disappointment he gets so frustrated that he will directly attack victims such as us. Nothing to win nothing to loose reality sustains. Before even considering filing any cases think over and over and ask yourself if that is what you want to do ? You might end up several years fighting litigation in court without gaining anything and that is the reason i mention in my previos post that do whatever is best for you.

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Mr Tonja  on what basis can you predict a time frame for a Visa to immigrate  to a place like canada ??? Are they any standard rules or standard time frame laid down by embassies for processiong of a Visa if so i have not come across this  ??Mrs Rose  Filing a domestic violence case would aggreviate the matter and your husband would lose his job in canada  as he would have to stay back and by the time summons are issued for a DV case he would be out of the country .The only option Mrs Rose is show love,apoligise  and win your husbands heart  and things will change for the better .

**Victim** (job)     15 December 2011

Stanley i agree to what you mentioned Visa process is not that short and simple it requires medical exam,biometrics exams that itself takes time and from the time spouse petition is filed to the visa interview  almost takes 7-8 months i don't understand on what basis Mr. Tonja predicted visa procedure to end within 1 month.

Tonja (Senior Advocate)     15 December 2011


I believe you are all talking about fresh work visa which might take 6-8 months but here I am talking about dependant visa.  Any dependant visa should not take more than 1 month.   As per Rose, her spouse already has work visa and she all needs dependant visa to go along with him or stay at canada.  Her spouse just need to fill one form and give it to his office immigration team.  It will be done within 1 month and once she gets petition, her company will block date for stamping...

Also, there is a premium processing for visa where one has to pay extra dollars to get it expedite.  

Mrs Tonja

**Victim** (job)     15 December 2011

When the petition is forwarded to service center in canada from there the candaian service center will forward this petition to candian embassy in india and after that his spouse gets visa interview but this procedure is lengthy itself can't be done in 1 month.


Mrs Tonja  ultimately everything rotates around her husband for resolving her issues  .Nobody can force him for anything neither do i know of any law which says okay husband sec  IPC ,CRPC states that you have to get your spouses visa  and take her abroad along with you at any cost or else you cannot leave the country :-).Only love can win over him .

1 Like

Tonja (Senior Advocate)     16 December 2011


I have personally handled many cases where spouse filed dependant visa and took their spouse along with him to abroad within a month.  Infact, some big companies will process the dependant visa within 2 weeks.

Guys, FYI...even work visa can be done within 2 weeks in a premium processing.   So when work can be done in  2 weeks then why cant dependant visa...coz dependant doesnt require much documents for validations like work visa..


I talk only if I am confident or know the issue very well :-)  

Tonja (Senior Advocate)     16 December 2011



I never said there is a law that force spouse to take his wife along with him..As well said by Advocate Chandu, wife has all fundamental rights to stay with his husband and in rose case, her spouse did not file any divorce or not granted divorce or their case is not in the court so there is no valid reason for her husband to leave her in india and go abroad.   What I suggested to her is...try to convince your husband or approach women's cell for help where they can talk to her husband and help her to go abroad.

**Victim** (job)     16 December 2011

Adv Tonja let's not mix up dependent visa with work visa. Work visa could be situational and visa could be awarded accordingly but when it comes to dependent visa it's never that quick Even i have filed several visa petition for my family members and that also i have put in for premium processing but visa process is never that fast. The most expedited interview i got for my dependent was 3 months.

**Victim** (job)     16 December 2011

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