Fiancée’s Brother Denied twice, is there any hope left?

[jpp293]

Hello,

My fiancée and I are getting married this August and have attempted twice now to get a visitor visa for her brother who lives in Vietnam. I am a Canadian resident by birth and my fiancée is a temporary resident (spousal sponsorship submitted in Feb 2019).

We submitted 2 application in the last 4 months and both were refused due to her brother’s situation not convincing CIC he will return home (travel history, limited employment prospects, personal assets and financial status). There’s nothing I can do here in Canada to help her brother’s situation in Vietnam improve before the wedding and sadly he does not have much on paper that ties him to his own country.

I was very confident with our second application as we booked him a return flight, provided proof for all our statements and I swore a statutory declaration promising I would be completely responsible for him during his 2 weeks stay and putting all my assets (house, investments, pension, ect) on the line to guarantee his return home.

It seems like CIC does not consider what we have done for him on our end in Canada and only considers his situation in Vietnam. I have submitted an information request for the officer notes and our last option will be going to an immigration lawyer. If anyone has any insight on our chances of success or if we would just be wasting money at this point please let me know.

I have gained a new appreciation for people who have gone through this process as the feeling of having family denied after putting so much work into an application, is an awful feeling of helplessness.

 

[bellaluna]

only considers his situation in Vietnam.

That’s pretty much how IRCC assesses TRV applications most of the time, but we do hear of a very few exceptions, depending on the officer/visa office.

Search for the threads by user joeythecat on how he brought his fiance’s brother, although I fear it is a visa office-specific sympathy case.

Your best bet for now would be to wait for the case notes and offer a detailed rebuttal for each refusal point, and out of desperation, although I usually advise against this, appeal to sympathy. Visa officers are human too.

 

[canuck_in_uk]

Hello,

My fiancée and I are getting married this August and have attempted twice now to get a visitor visa for her brother who lives in Vietnam. I am a Canadian resident by birth and my fiancée is a temporary resident (spousal sponsorship submitted in Feb 2019).

We submitted 2 application in the last 4 months and both were refused due to her brother’s situation not convincing CIC he will return home (travel history, limited employment prospects, personal assets and financial status). There’s nothing I can do here in Canada to help her brother’s situation in Vietnam improve before the wedding and sadly he does not have much on paper that ties him to his own country.

I was very confident with our second application as we booked him a return flight, provided proof for all our statements and I swore a statutory declaration promising I would be completely responsible for him during his 2 weeks stay and putting all my assets (house, investments, pension, ect) on the line to guarantee his return home.

It seems like CIC does not consider what we have done for him on our end in Canada and only considers his situation in Vietnam. I have submitted an information request for the officer notes and our last option will be going to an immigration lawyer. If anyone has any insight on our chances of success or if we would just be wasting money at this point please let me know.

I have gained a new appreciation for people who have gone through this process as the feeling of having family denied after putting so much work into an application, is an awful feeling of helplessness.

Your sworn stat dec is in no way legally enforceable, so you have not put anything on the line. IRCC cannot hold you legally responsible for him in any way when he is in Canada.

It does primarily depend on his situation.

 

[Bryanna]

That’s pretty much how IRCC assesses TRV applications most of the time, but we do hear of a very few exceptions, depending on the officer/visa office.

Search for the threads by user joeythecat on how he brought his fiance’s brother, although I fear it is a visa office-specific sympathy case.

Your best bet for now would be to wait for the case notes and offer a detailed rebuttal for each refusal point, and out of desperation, although I usually advise against this, appeal to sympathy. Visa officers are human too.

Yeah.... joeythecat was the first reference case that came to my mind too