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Kerschbaumer

Newbie
Jul 4, 2019
4
0
Hello to the Group.
I am hoping some of you may be able to offer advice. We are trying to help our friend from Colombia, Carlos, age 24 years, to come and visit us in Canada. He was recently refused a visitor visa (based on section 179(b) of the IRPR Act and I am seeking some advice how the application may have failed and what we can do to improve his chances next time we re-apply. It was difficult to know what is a reasonable request and what ‘life circumstances’ or assurances we can present to help his application.

Some background - both my wife and I are born and raised Canadians. We met Carlos last year while travelling South America on motorcycles. He was also travelling for 8 months on his tiny moto with his sister, Angie, on the back who has Cerebral Palsy. It was an incredible journey they undertook and they are true heros for taking on such a challenge. Angie cannot walk and needs constant care and was suffering deep depression languishing in the prison that is their home on the outskirts of Bogota. We wanted to give Carlos an opportunity to visit Canada and learn english as he is a person who has done amazing things for his sister and (we feel) deserves to have some doors opened for him.

Carlos has his whole family in Colombia but is un-married, no children, works as a night time security guard and likely did not have a lot of money in his bank account (maybe $1500 - $2000). We applied for a 6 month tourist visa and have purchased a flight for him in July for a 5 month trip. I had drafted a letter of invitation, had it notarized and sent down stating we were welcoming him in to our home where he will stay with us, do some travels during the summer and study english, and that we would cover his costs while he is in Canada. He will most certainly return to Colombia after his visit will not remain in Canada.

Is the fact that he is a young, unmarried man with not much money a non-starter in these sorts of situations?

Is it necessary to have a flight booked before a visa is approved?We booked him a flight without knowing if his visa would be approved and now we had to cancel the flight and pay a substantial cancellation fee.

How long should we wait before we re-apply?

In the original application we had to state his travel dates and duration – which I find difficult because how can we know his travel dates when we don’t know if and for how long his visa would be granted for.

Please - if you have and advice or can answer some of my questions it would be much appreciated. Based on the info provided – can anyone advise what, if any chance he has of actually getting a visa? I don’t want to keep throwing time and money at something that is a non-starter. Thanks in advance.

Regards, Mark
 
What reasons were actually given for the refusal? Based on section 179(b) of the IRPR Act doesn't tell us anything. To be honest his situation is a big red flag that he will stay if he managed to get a visa.
 
Right - my bad - here are the 2 reasons given. Is there a process whereby we post a bond or provide other assurance he will in fact leave the country?

I am refusing your application on the following grounds:
• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your travel history.
• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your family ties in Canada and in your country of residence.
 
Right - my bad - here are the 2 reasons given. Is there a process whereby we post a bond or provide other assurance he will in fact leave the country?

I am refusing your application on the following grounds:
• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your travel history.
• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your family ties in Canada and in your country of residence.

His ties to his home country are quite weak. I would not recommend he reapply until he is able to provide a stronger profile - this includes having substantially more funds saved up (IRCC wants to see that the traveler can fund their own trip). Also, a six month trip is far far too long for someone with this profile - this effectively sends a message that he has no ties to his home country. He should be asking for 2-3 weeks tops.

Don't book flights until after the visa has been approved.
 
Thanks for the perspective. One important reason for him to come to Canada is to learn English - is applying for a student visa an better option for him? I suppose we would need to have him enrolled in a school.
 
Thanks for the perspective. One important reason for him to come to Canada is to learn English - is applying for a student visa an better option for him? I suppose we would need to have him enrolled in a school.

Student visas are only required if the program is greater than six months in length. Programs to learn English are pretty much always shorter. Stating that taking an English language course is the reason for coming to Canada is regarded as a very weak reason by IRCC and is too frequently used as a reason by those who are actually interested in remaining in Canada long term. Refusal rates are very very high. If he wants to study in Canada under a study permit, very strongly recommend that he take a college diploma or university degree instead. Downside is that this is expensive and he would need to show a bank balance of $25,000+ just to be approved (to show he can cover tuition and living expenses).
 
Thanks Scylla for great perspective.
Since he cannot change his family/marital status, or in the near term demonstrate a change to his employment history - the only variables we can control are the length of his requested stay and the amount of money he shows in his bank account - would you or some one else offer a suggestion on what sort of proposal might maximize his chances of success? Is a one month or 2-3 week visit with $3000 in the bank a reasonable number or are we likely just wasting our time and money trying to help him?

If he does get a short term visa are his chances to reapply next year for a longer visit higher? He honestly cannot stay in Canada for the long term because he does play a large role in looking after his sister.

If we do reapply should we wait a certain amount of time or should we do so right away? Would be nice to have him here before winter sets in

Thanks in advance.