Need Immigration Advice — Indian Family & Canada Visa Situation (Complex Case)

[Hiitssim]

Looking for guidance from immigration lawyers, consultants, or anyone who has dealt with a similar situation. Here’s our case:

Person 1 — Brother (Currently in Canada)
• Came on a study visa, could not complete studies
• Study permit expired, continued to stay
• Applied for a visitor record (confirmation letter received)
• Currently working without authorization


Person 2 — Sister (Currently in India)
• Has a previous SOWP refusal (more than 1 year ago)
• Wants to come to Canada as soon as possible

Person 3 — Husband (Currently in Canada)
• On a valid work permit
• Has not yet filed for PR


Our Questions:
1. Does the brother’s situation affect the sister’s visa application?

2. What is the best strategy for all three collectively?

 

[Naturgrl]

Looking for guidance from immigration lawyers, consultants, or anyone who has dealt with a similar situation. Here’s our case:

Person 1 — Brother (Currently in Canada)
• Came on a study visa, could not complete studies
• Study permit expired, continued to stay
• Applied for a visitor record (confirmation letter received)
• Currently working without authorization


Person 2 — Sister (Currently in India)
• Has a previous SOWP refusal (more than 1 year ago)
• Wants to come to Canada as soon as possible

Person 3 — Husband (Currently in Canada)
• On a valid work permit
• Has not yet filed for PR


Our Questions:
1. Does the brother’s situation affect the sister’s visa application?

2. What is the best strategy for all three collectively?

How is this complex? Based on points to immigrate.

1. Working illegally but nothing to do with sister
2. Apply to visit
3. Has even been invited?

 

[Hiitssim]

How is this complex? Based on points to immigrate.

1. Working illegally but nothing to do with sister
2. Apply to visit
3. Has even been invited?

My main concern is if the brother’s current situation affects sister’s visa in any negative way?

 

[Naturgrl]

My main concern is if the brother’s current situation affects sister’s visa in any negative way?

No. She has her own refusals to overcome.

 

[canuck78]

My main concern is if the brother’s current situation affects sister’s visa in any negative way?

Definitely could be an issue for a TRV and could be an issue for parents if they want to visit for example. Your brother should return home. His visitor record will be refused since he has been out of status for quite a long time given he wasn’t compliant with the terms of his SP.

 

[Hiitssim]

Definitely could be an issue for a TRV and could be an issue for parents if they want to visit for example. Your brother should return home. His visitor record will be refused since he has been out of status for quite a long time given he wasn’t compliant with the terms of his SP.

In this case what if the brother is not willing to come back before the visitor record decision ? What options do the sister and her husband have?

 

[Naturgrl]

In this case what if the brother is not willing to come back before the visitor record decision ? What options do the sister and her husband have?

How is the sister coming to Canada? She will have to say she has a brother in Canada. It should not impact her but you never know.

 

[Hiitssim]

How is the sister coming to Canada? She will have to say she has a brother in Canada. It should not impact her but you never know.

Applying for a visitor visa to see husband. She has a job in India so she should be able to show ties to home country.

 

[Naturgrl]

Applying for a visitor visa to see husband. She has a job in India so she should be able to show ties to home country.

She needs more than that. Her husband is in Canada so her only family tie and strongest tie not to return. A job is not enough. If she has applied before for a work permit and been refused then IRCC knows she will not leave. Needs to show income property, business etc.
What is husband's job and when does his work permit expire?

 

[canuck78]

In this case what if the brother is not willing to come back before the visitor record decision ? What options do the sister and her husband have?

No matter what your brother needs to return home. Delaying will just cause more problems.

 

[Copingwithlife]

In this case what if the brother is not willing to come back before the visitor record decision ? What options do the sister and her husband have?

I seriously think the pandemic seriously scrambled people’s brains

 

[YVR123]

My main concern is if the brother’s current situation affects sister’s visa in any negative way?

I don't understand what decision he's waiting for. It's going to be refused and he's working illegally.
This will for sure affect his future of getting ANY visa ANYWHERE.

Not 100% sure if that will affect siblings' visitor visa or not.

 

[YVR123]

Applying for a visitor visa to see husband. She has a job in India so she should be able to show ties to home country.

Regardless of sibling's violation of his visa, the sister for sure showed intend of not leaving (refusal of SOWP for the same duration of the work permit her spouse is on). I doubt visitor visa will be approved with just showing a job. There is a much stronger tie to Canada than home country.

She may have a higher chance of TRV after the husband finished his work permit and returned to home country.
IRCC made a mistake of giving the impression that everyone coming to study or work temporary in Canada can bring their spouses and children with them.
It's never the intended case for temporary permits. They tighten the rule and now people are upset.

 

[scylla]

Looking for guidance from immigration lawyers, consultants, or anyone who has dealt with a similar situation. Here’s our case:

Person 1 — Brother (Currently in Canada)
• Came on a study visa, could not complete studies
• Study permit expired, continued to stay
• Applied for a visitor record (confirmation letter received)
• Currently working without authorization


Person 2 — Sister (Currently in India)
• Has a previous SOWP refusal (more than 1 year ago)
• Wants to come to Canada as soon as possible

Person 3 — Husband (Currently in Canada)
• On a valid work permit
• Has not yet filed for PR


Our Questions:
1. Does the brother’s situation affect the sister’s visa application?

2. What is the best strategy for all three collectively?

Person 1 needs to stop working and leave Canada immediately. The longer he stays, the harder it will be for him to return.