Super Visa denied due to brother refugee status - Help

[TorontoLove410]

Hi All,

I am a Canadian Citizen immigrated through PNP class and have a brother who was studying in Canada and then applied for refugee status in May 2016.

My parents applied for a supervisa and my other brother (18 years) for a visitor visa in one online application and they were all denied a visa reasons being "Family ties in Canada" and country of residence" and "purpose of visit".

I requested the officer notes and the reasons stated were that my brother who was a student in Canada applied for refugee status, and that the situation in the country is not stable. and that even if my brother was removed from the application the pull factor of a claim of refugee status for my parents is high because it is the only "timely and viable solution if they wished to facilitate this son."

Can anyone advise what to do in this case to get the visa to be approved for my parents?

 

[Bs65]

I do not have any knowledge here but personal view / interpretation of the response might be that if your brother has applied for refugee status that the authorities are concerned that the rest of your family will simply use the visit as an excuse to also claim refugee status. It might have to be a very convincing case to show that this would not be so with extremely strong ties to home country but with the ties of yourself and possibly your brother if refugee status succeeds not easy to convince otherwise. Sorry I do not have any positive input for what must be a difficult situation for yourself but I expect others will comment as well.

 

[Buletruck]

Tend to agree. I see this as exceptionally difficult to overcome if they believe (and they do seem to have the grounds) that your family aren't genuine visitors. Not even sure where or how to begin addressing that if you were to re-apply. Even if you were to apply for your parents and brother individually, at separate times, I would think your other brothers claim as a refugee and your status would come into play and result in a refusal. A really good immigration lawyer might have some ideas, but as they aren't residents or citizens, I would think the legal options for them are nil to non-existent.

 

[scylla]

I don't think there's any way to overcome this refusal reason in the short term. Between their home country not being stable and the fact your brother used his study permit to claim refugee status (this is how CIC will see it) - they don't look like genuine visitors.

I would focus instead on sponsoring them for PR. Hopefully you qualify from an income perspective and entered the lottery this year.

Good luck.

 

[TorontoLove410]

Thank you all for your responses. I have expressed my interest to sponsor my parents, I hope we will be selected.

 

[Dreamer1]

Thank you all for your responses. I have expressed my interest to sponsor my parents, I hope we will be selected.

Did you get visa for your parents?

 

[Buletruck]

OP hasn’t been in the site since 2017.

 

[Dreamer1]

I am in same boat as Op. As a matter of fact, I applied supervisa for my parents and visa got refused and the reason given was my initial immigration status of refugee status. They think my parents are not going to return back. But the reality is my parents never had threat and they are still back gone with no issues. I really want them to be here to visit me. Can someone help me ? What can I do?

 

[Buletruck]

Unfortunately, that is one of the drawbacks of being a refugee. It often results in visa refusals for other family members.

 

[Dreamer1]

Unfortunately, that is one of the drawbacks of being a refugee. It often results in visa refusals for other family members.

Does this mean my parents can never visit me?

 

[steaky]

Does this mean my parents can never visit me?

Perhaps in your current status

 

[Dreamer1]

Perhaps in your current status

What can make it change? I will never be able to change my past.

 

[steaky]

What can make it change? I will never be able to change my past.

Your status can change. Like before you were single and earn little. Years later, you earn much more and eligible to sponsor your parents for PR. Your parents got their landing visa and visit / live with you....

 

[Buletruck]

What can make it change? I will never be able to change my past.

Do they have any sort of travel history to visa required countries? Are you eligible for citizenship? Being retired makes it harder to establish ties to their home country, but proof of respecting visa conditions when travelling can go a long way in improving their chances. It’s possible to improve their chances, but it’s likely a long term effort.

 

[murtazajaffri_cca]

What will happen if someone is in Canada on Super visa, but apply for refugee status and get rejected?