Judicial review

[Naturgrl]

So that means I should not apply for judicial review.

You can hire a lawyer and apply for judicial review. Or do JR yourself. Assume you know how JR works. If you "win" your case it goes to another officer to review. Can be still be refused. If you think her case is strong with her past application with funds, ties to return and showing a reason to leave then go ahead.

A relative fully supporting a visit and niece and parents showing no funds to support visit is usually a refusal and red flag. Parents don't have the money and if something happened while she was in Canada with you then she has no money to return home.

 

[Kamal.2012]

How judicial review win. I mean to say judicial will see the file if they think that need to review again then I could win.

 

[Naturgrl]

How judicial review win. I mean to say judicial will see the file if they think that need to review again then I could win.

Not about you. Your niece files JR, and show her application proved that she had the funds, ties to return and travel history to return to her father who has custody. If she files for JR, and "wins" then another officer reviews her application. It can be refused or approved. She has three refusals which is a lot for a 17 year old and she now must declare all refusals for any immigration applications for other countries.

Hire a lawyer to help with process. Lawyer fees can be up to $10k.

 

[Kamal.2012]

I want to share with you one more thing. When she was 5 year old she had visitor visa and visited two times canada after that. But when we applied for her study visa she got refusal then after that no visa approvals

 

[Buletruck]

I want to share with you one more thing. When she was 5 year old she had visitor visa and visited two times canada after that. But when we applied for her study visa she got refusal then after that no visa approvals

So how long since she applied for her student visa and the last TRV? Who was financing here education?

 

[Kamal.2012]

I got her guardianship but did not pay any tuition fees. I applied study visa without tuition fees.when she she was 14 year old we applied for study visa then git refusal. After that applied two times visitor visa and again got refusal. But before study visa she had visitor visa and visited two times canada but on that time she was 5 and then 13 year old

 

[Naturgrl]

I got her guardianship but did not pay any tuition fees. I applied study visa without tuition fees.when she she was 14 year old we applied for study visa then git refusal. After that applied two times visitor visa and again got refusal. But before study visa she had visitor visa and visited two times canada but on that time she was 5 and then 13 year old

Her past TRVs really don't matter now with study and visitor visa refusals. By applying for a study permit (and then a few TRVs), IRCC doesn't believe she will leave. She had planned to go to school and not return. Her parents need to show the funds with ties to return to her father.

If she wants to come to Canada then she should look at post secondary. But she will need a lot of money and justification to come to Canada.

 

[canuck78]

I got her guardianship but did not pay any tuition fees. I applied study visa without tuition fees.when she she was 14 year old we applied for study visa then git refusal. After that applied two times visitor visa and again got refusal. But before study visa she had visitor visa and visited two times canada but on that time she was 5 and then 13 year old

What do you mean by obtaining guardianship of your niece? Personal opinion but I don’t think it is worthwhile to apply for JR given the amount of flags. How long has the child’s father lived abroad? In Germany? Other countries? Who is she living with in her home country? Why is she not living in Germany with her father? If living with your parents do they have TRVs for Canada? Do you have any siblings who remained in your home country? Visiting for a birthday party for a young child is not a good reason to visit. There is a valid concern that your niece wants to live in Canada longterm. As others have mentioned the best option would be to apply to do some of her post secondary education in Canada ( masters degree would be preferable and often the best option cost wise) or work towards PR while abroad like starting to learn French asap. If her French language skills reach a certain level PR becomes much easier to secure than almost all other options. Becoming a nurse in her home country also a good pathway to PR in Canada although you need to do some research when it comes to licensing.

 

[Kamal.2012]

What do you mean by obtaining guardianship of your niece? Personal opinion but I don’t think it is worthwhile to apply for JR given the amount of flags. How long has the child’s father lived abroad? In Germany? Other countries? Who is she living with in her home country? Why is she not living in Germany with her father? If living with your parents do they have TRVs for Canada? Do you have any siblings who remained in your home country? Visiting for a birthday party for a young child is not a good reason to visit. There is a valid concern that your niece wants to live in Canada longterm. As others have mentioned the best option would be to apply to do some of her post secondary education in Canada ( masters degree would be preferable and often the best option cost wise) or work towards PR while abroad like starting to learn French asap. If her French language skills reach a certain level PR becomes much easier to secure than almost all other options. Becoming a nurse in her home country also a good pathway to PR in Canada although you need to do some research when it comes to licensing.

Her father lives in Germany around 7 year .she is living with grandparents. And My parents or her grandparents have visitor visa..No I don't have any siblings in India. No she never applied for Germany.

 

[Kamal.2012]

Yes I think you are correct I should not apply JR. And I think come to Canada as PR should be great for her.