Need help- Parents visitor Visa

[PR_aspirent]

Hello members,

Need your valuable input and kind help.

My parents PR was in process during 2019 draw. Due to COVID and all the traumatic experience during COVID time, my parents decided not to take PR and they said they will continue in India and do not intend to migrate anywhere, we pulled back the application.

My Mom is still working for Govt of India.My dad is retired.
My parents had Visitor VISA and they have visited Canada before COVID for 4 months, and due to renewal of their passport, their VISA also got expired last year.

Fast forward to now, I am expecting baby by end of the year, so applied to their Visitor VISA, got rejected today. The reason behind rejection is mentioned below directly from the letter from IRCC.

Please be kind and let me know what would be the best approach for me now, to have my parents for 3-4 months during child birth....
179(b) referred to in the rejection details can be found at:
https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-179.html
" will leave Canada by the end of the period authorized for their stay under Division 2".

Rejection notes:

"Thank you for your interest in coming to Canada. I have reviewed your temporary resident visa (visitor visa) application and supporting documentation to assess whether you meet the
requirements for a visitor visa (https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/eligibility.html).

This includes assessing whether you are coming to Canada temporarily for the reason(s) you describe in your application. I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) (https://laws-lois.justice.gc.ca/eng/acts/I-2.5/index.html) and Immigration and Refugee Protection Regulations (IRPR) (https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/index.html). I am refusing your application.

• I am not satisfied that you will leave Canada at the end of your stay as required by paragraph 179(b) of the IRPR (https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/
section-179.html). I am refusing your application because you have not established that you will leave Canada, based on the following factors:

• I am not satisfied that you have truthfully answered all questions asked of you.

• You have significant family ties in Canada.

• You do not have significant family ties outside Canada.

• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, based on the length of your proposed stay in Canada.

• The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided in your application."

 

[BA101]

• I am not satisfied that you have truthfully answered all questions asked of you. Any visa refusals you did not declare?

• You have significant family ties in Canada.

• You do not have significant family ties outside Canada.
What did you show as reasons to go back to home country? Your application did not sufficiently establish it based on both reasons above
• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, based on the length of your proposed stay in Canada.
How long was the visa asked for? How did you show that end of that period they will certainly return?
• The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided in your application." Same as above

Address all this and submit a complete application

Good Luck

 

[PR_aspirent]

• I am not satisfied that you have truthfully answered all questions asked of you. Any visa refusals you did not declare?
PR_aspirent: Absolutely NO, i am 100% positive. Only thing was, we stopped the PR process for parents, when they asked for PCC, we informed them we wont want to continue. Even with details this was explained in the explanation letter that we submitted for VISA. I am speculating that the VO is making this assessment based on the fact we were sponsoring our Parents before. Not sure if VO is keeping old PR application in mind. But it is also counter intuitive on why someone forgo their PR and will overstay on VISA, i just hope VO is not new.


• You have significant family ties in Canada.

• You do not have significant family ties outside Canada.
What did you show as reasons to go back to home country? Your application did not sufficiently establish it based on both reasons above
PR_aspirent: Employment letter of my mother, in fact permission letter form the govt of India for 4 months travel to Toronto, salary slips, fixed deposits in bank, family details of all the siblings for both my mother and father
This is why i don't understand why VO cannot see these information that were explicitly mentioned in explanation letter, proof of income.
We also mentioned that in the past 87 years of VISA, my parents could only travel once for 4 months to tour Canada and that too it was after two years from the date VISA was issued. We clearly pointed this out and mentioned in detail o how it is close to impossible to travel outside country and we need NOC (No objection certificate)


• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, based on the length of your proposed stay in Canada.
How long was the visa asked for? How did you show that end of that period they will certainly return?
PR_aspirent: Was honest, mentioned that i am expecting and it would be nice to have my mother with me during transition to motherhood, mentioned stay would be around 3-4 months. Is this an Issue?

Provided proof of NOC form Govt of India for 4 months with specific dates as well.
we have clearly mentioned that my mother is going to get pension after retirement, she has to be in person to take the pension, and also mentioned that after service, during retirement there will be big chunk of savings etc for all we need our Indian status and presence.


• The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided in your application." Same as above

Address all this and submit a complete application

Good Luck

I am not sure on what specific documents would VO be interested in other than what we have provided.

 

[PR_aspirent]

my approach would be

• I am not satisfied that you have truthfully answered all questions asked of you. Any visa refusals you did not declare?

• You have significant family ties in Canada.

• You do not have significant family ties outside Canada.
What did you show as reasons to go back to home country? Your application did not sufficiently establish it based on both reasons above
• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, based on the length of your proposed stay in Canada.
How long was the visa asked for? How did you show that end of that period they will certainly return?
• The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided in your application." Same as above

Address all this and submit a complete application

Good Luck

This is the approach i am thinking of:
1. Get connect forms ready and file for GCMS to take a deeper dive into what might have led VO to arrive at this conclusion
2. In parallel, send Web-form and provide property tax details of all the properties in India, retirement benefits, salary info, and how she needs to be in person to collect pention. Request to reconsider and explain the logic that my mom has travelled only once in entire 8 years inspire of having VISA in the past. And humbly question why in spite of all these proof, VO believes that the person might not go back? and specifically as what documents are they expecting to prove strong ties back home?

3. Prepare for Super VISA, and mention in Super VISA that for some reason VO or CIC believes that parents are not going to go back in stipulated time! So provide Super VISA instead!!!

Not sure what else i am missing or what caution i need to take in this course.

 

[PR_aspirent]

what does this exactly mean?
"The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided in your application "

GCMS notes: it was not AI

VO notes

"
Purpose - 4 month stay to provide pre & post natal care for daughter.
Client has no declared family in home country; strong pull factors to Canada.

Given family ties or economic motives to remain in Canada, the client's incentives to remain in
Canada may outweigh their ties to their home country.

Weighing the factors in this application. | am not satisfied that the applicant will adhere to the terms
and conditions imposed as a temporary resident. Application refused.

 

[sandhu2012]

I have a quick question..
Applying for a visitor visa
Occupation is Farmer
What should I enter in Work and Activities Tab?
Job title?
Work Activity?
Thanks

 

[Dhillon96]

I have a quick question..
Applying for a visitor visa
Occupation is Farmer
What should I enter in Work and Activities Tab?
Job title?
Work Activity?
Thanks

If he’s a farmer just write farming, job title- Farmer.

 

[sandhu2012]

If he’s a farmer just write farming, job title- Farmer.

I am using the new portal and they don't have these options

 

[Dhillon96]

I am using the new portal and they don't have these options

You can choose “OTHERS” , I guess then explain.

 

[canuck78]

what does this exactly mean?
"The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided in your application "

GCMS notes: it was not AI

VO notes

"
Purpose - 4 month stay to provide pre & post natal care for daughter.
Client has no declared family in home country; strong pull factors to Canada.

Given family ties or economic motives to remain in Canada, the client's incentives to remain in
Canada may outweigh their ties to their home country.

Weighing the factors in this application. | am not satisfied that the applicant will adhere to the terms
and conditions imposed as a temporary resident. Application refused.

Do you have any siblings? Where do they live? Do they own a home in their home country and have you included proof of home ownership? Are they the parents of the wife or husband living in Canada? Mentioning that you are having a grandchild and they are coming to care for the baby and mother creates concerns that they will want to stay now they have a grandchild and that they will be working illegally by caring for the baby, the mom and the household which isn’t allowed. it would have been best not to mention the baby at all or to say they just wanted to meet the baby and provide emotional support to the family.

 

[PR_aspirent]

Do you have any siblings? Where do they live? Do they own a home in their home country and have you included proof of home ownership? Are they the parents of the wife or husband living in Canada? Mentioning that you are having a grandchild and they are coming to care for the baby and mother creates concerns that they will want to stay now they have a grandchild and that they will be working illegally by caring for the baby, the mom and the household which isn’t allowed. it would have been best not to mention the baby at all or to say they just wanted to meet the baby and provide emotional support to the family.

its misinterpretation by VO. It was mentioned very clearly that my mom would visit here for 4-8 weeks depending on how much vacation she can get form her employment, she is a Govt of India employee, not easy to take time off more than 6 weeks. all proof such as property statements, income statement, letter of employment, etc were provided. I doubt they VO even looked at them.
they have properties, full time job etc back home. But no other children though. they had TRV before, it just got expired with PP renewal. thye have travelled to Canada before and went back in time.
my in laws are here on PR with us - i mean in the same house, it was mentioned that my laws will be taking care and my mom would like to be here to celebrate arrival of grandchild. So explicitly mentioned that my mom will not be involved in any prenatal or post natal care. imagine that you say you are a law abiding person and VO interprets that this person would break the law.

i don't know if applying for SuperVisa would work? we ar eeligible for sponcering. But what else can i provide freshly to counter doubts floated by VO!!!

 

[Dhillon96]

its misinterpretation by VO. It was mentioned very clearly that my mom would visit here for 4-8 weeks depending on how much vacation she can get form her employment, she is a Govt of India employee, not easy to take time off more than 6 weeks. all proof such as property statements, income statement, letter of employment, etc were provided. I doubt they VO even looked at them.
they have properties, full time job etc back home. But no other children though. they had TRV before, it just got expired with PP renewal. thye have travelled to Canada before and went back in time.
my in laws are here on PR with us - i mean in the same house, it was mentioned that my laws will be taking care and my mom would like to be here to celebrate arrival of grandchild. So explicitly mentioned that my mom will not be involved in any prenatal or post natal care. imagine that you say you are a law abiding person and VO interprets that this person would break the law.

i don't know if applying for SuperVisa would work? we ar eeligible for sponcering. But what else can i provide freshly to counter doubts floated by VO!!!

You can always go with reconsideration if you think they gave you generic reasons without looking into documentations.

 

[PR_aspirent]

You can always go with reconsideration if you think they gave you generic reasons without looking into documentations.

i have done that, lets hope it gets through.

But what really bothers me is that it is a grey area left with a lot fo room for interpretation. Fr example in case of supervisa eligibility in context to finical support, it clearly laid out to droller value. But when it comes to strong ties, there is no pointers like what are specifics that VO is interested in.

i wish there was some detailed experience posted on what ideas were used to establish clear ties to home country. Income details, property estimation by auditor/Charted acocuntant, details of savings are standard. But could else?

 

[Dhillon96]

i have done that, lets hope it gets through.

But what really bothers me is that it is a grey area left with a lot fo room for interpretation. Fr example in case of supervisa eligibility in context to finical support, it clearly laid out to droller value. But when it comes to strong ties, there is no pointers like what are specifics that VO is interested in.

i wish there was some detailed experience posted on what ideas were used to establish clear ties to home country. Income details, property estimation by auditor/Charted acocuntant, details of savings are standard. But could else?

I know, it’s frustrating and there is no transparency in this process

 

[PR_aspirent]

to give closure to this post, applied through an attorney firm, pretty much same documents like before except a cover letter form law firm; and this time it is through. IRCC took 4 weeks to approve in spite of having all documents.