Sick nephew

[Dumigee]

I was denied a visitors visa based on paragraph 179b. They are not satisfied I will leave Canada based on purpose of visit, proposed length of stay, sufficient funds, and travel history.

I have a 4 year old nephew with an aggressive form of cancer and my sister needs help with looking after her other child while she stays in hospital with him during chemo sessions. All the information from the doctors to my sister’s bank statements was provided. I am also employed and had all supporting documentation from my employer as well.

 

[scylla]

I was denied a visitors visa based on paragraph 179b. They are not satisfied I will leave Canada based on purpose of visit, proposed length of stay, sufficient funds, and travel history.

I have a 4 year old nephew with an aggressive form of cancer and my sister needs help with looking after her other child while she stays in hospital with him during chemo sessions. All the information from the doctors to my sister’s bank statements was provided. I am also employed and had all supporting documentation from my employer as well.

I'm sorry to hear about your nephew.

How long a visit did you request? Did you mention that you would be looking after her other child? If so, then unfortunately this is regarded as working without authorization and was likely one of the main reasons why you were refused.

If you want to reapply, I would recommend you request a 2 week trip maximum and state your reason as visiting your sick nephew. Do not mention anything about taking care of the other child.

 

[Dumigee]

The letter from the doctor mentioned emotional support. I was to stay until the beginning of December

 

[scylla]

The letter from the doctor mentioned emotional support. I was to stay until the beginning of December

That's far too long a visit and it effectively shows that you have no ties to your home country if you are able to leave for that long (this is how IRCC will view it).

If you want to reapply, you should request 2-3 weeks at most.

 

[Dumigee]

I understand that but he has surgeries and 8 more rounds of chemo to go through. 2 - 3 weeks would hardly be enough time. I do have ties to my home country. It’s just I was afforded the time of because of the nature of the situation. It just seems like the generic answer they give to a lot of people without really looking at the whole story.

 

[canuck78]

Are the grandparents available to come to Canada? They would likely have an easier time getting something like a supervisa.

 

[scylla]

I understand that but he has surgeries and 8 more rounds of chemo to go through. 2 - 3 weeks would hardly be enough time. I do have ties to my home country. It’s just I was afforded the time of because of the nature of the situation. It just seems like the generic answer they give to a lot of people without really looking at the whole story.

Request a 2-3 week trip. If the TRV is approved, then when you enter Canada it's quite possible that you will be granted the default six month visit.

The response wasn't generic - it was based on your application. The error was asking for a visit until December in your TRV application. This is well beyond the length of any normal visit (which is typically six months or less). Any evidence you would have provided regarding your employment in your home country wouldn't have had any value in that case.

 

[Dumigee]

Request a 2-3 week trip. If the TRV is approved, then when you enter Canada it's quite possible that you will be granted the default six month visit.

The response wasn't generic - it was based on your application. The error was asking for a visit until December in your TRV application. This is well beyond the length of any normal visit (which is typically six months or less). Any evidence you would have provided regarding your employment in your home country wouldn't have had any value in that case.

I’ll try it out. Hopefully it’ll work out.

 

[scylla]

I’ll try it out. Hopefully it’ll work out.

You should also see what else you can do to strengthen your application (e.g. showing additional funds to pay for your trip, showing ties such as property ownership, etc.).

 

[Dumigee]

Are the grandparents available to come to Canada? They would likely have an easier time getting something like a supervisa.

Neither of my parents can travel because of health issues. It’s a 40 hour trip.

 

[canuck78]

Is the father involved or the father's family? Best to have plan B or C going at the same time.

 

[Dumigee]

Is the father involved or the father's family? Best to have plan B or C going at the same time.

He works the night shift so when my sister is at the hospital my niece is alone in the house.

 

[Bryanna]

He works the night shift so when my sister is at the hospital my niece is alone in the house.

Sorry to hear about your nephew.

Based on your posts, it seems you do not have any dependent family members in your home country + your employment is your only tie. That said, if your employer has approved your leave until December then it implies that your employment ties are not strong.

To IRCC, it would also seem like you intend to work illegally (babysit your niece) which is not allowed on a TRV.

Given the circumstances, it is possible that your stay could extend beyond December = Potential overstayer = No definite visit plan as a TRV visitor.

As you already stated your purpose of visit + long-stay plans.... in your previous application, any change now would seem like you are being untruthful.

IMO, it will be quite challenging for you to be approved for a TRV for your stated purpose and duration of visit