TRV Refusal despite CAN+

[Mirapakay]

Hello Experts,

My parents have a valid US visitor visa and have travelled once to US. They have applied for Canadian TRV before COVID. After a long wait without any response on the application, they had applied again this April when they were visiting US again. However, they got refusal today with the officer mentioning the below reason.

I am not satisfied that you will leave Canada at the end of your stay as required by paragraph 179(b) of the IRPR (https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/ section-179.html). I am refusing your application because you have not established that you will leave Canada, based on the following factors:

• Your immigration status outside your country of nationality or habitual residence

What are their options at this point? I am a PR and has also included the invitation letter in the first application through GC Key. The second application being through IRCC portal did not ask for any documents as the questionnaire just asked for US Visa details and other basic information.

Your guidance would be much appreciated.

Thanks!

 

[joGain]

Hello Experts,

My parents have a valid US visitor visa and have travelled once to US. They have applied for Canadian TRV before COVID. After a long wait without any response on the application, they had applied again this April when they were visiting US again. However, they got refusal today with the officer mentioning the below reason.



What are their options at this point? I am a PR and has also included the invitation letter in the first application through GC Key. The second application being through IRCC portal did not ask for any documents as the questionnaire just asked for US Visa details and other basic information.

Your guidance would be much appreciated.

Thanks!

Would love to hear if someone could share their insight on this.

 

[kumarh2020]

Since they are NOT in their home country while applying for a visitor visa for Canada, is the reason for rejection. If they apply for this after they go back to their home country, they will get the visa. USA does the same thing, for example, if a Canadian PR holder applied for a USA visa from India, they will reject it, because USA embassy knows the applicant will go back to Canada, and the stipulation is, you will come back to the 'country issuing the visa' for you to travel to USA from. Hope this helps. Any applications that were sent just before covid, say December 2019 onwards till Sept 7th, 2021, needed to be reapplied.

 

[faisalmughal]

Hello Experts,

My parents have a valid US visitor visa and have travelled once to US. They have applied for Canadian TRV before COVID. After a long wait without any response on the application, they had applied again this April when they were visiting US again. However, they got refusal today with the officer mentioning the below reason.



What are their options at this point? I am a PR and has also included the invitation letter in the first application through GC Key. The second application being through IRCC portal did not ask for any documents as the questionnaire just asked for US Visa details and other basic information.

Your guidance would be much appreciated.

Thanks!

In my humble opinion, this is the generic reason & suggests to apply for gcms notes for better understanding of the refusal reason which contains the notes of visa officer. Regards

 

[Naturgrl]

Hello Experts,

My parents have a valid US visitor visa and have travelled once to US. They have applied for Canadian TRV before COVID. After a long wait without any response on the application, they had applied again this April when they were visiting US again. However, they got refusal today with the officer mentioning the below reason.



What are their options at this point? I am a PR and has also included the invitation letter in the first application through GC Key. The second application being through IRCC portal did not ask for any documents as the questionnaire just asked for US Visa details and other basic information.

Your guidance would be much appreciated.

Thanks!

Order GCMS Notes.

CAN+ is not relevant as they applied in April and just received refusal now. CAN+ is expedited processing so they weren’t processed under CAN+. IRCC decides if an application will be processed quickly and doesn’t guarantee approval.

So they applied from the US. Reapply when they are in their home country to show ties.

 

[kumarh2020]

For an application to be considered under Can+, the applicant should have had PRIOR Canadian Visa, with travel history WITHIN THE LAST 10 YEARS. If they're applying for a first time visa, they'd not qualify for the Can+ processing.

 

[joGain]

Hello @kumarh2020 do you have any insight about the matter I explained in the following post? https://www.canadavisa.com/canada-immigration-discussion-board/threads/super-visa-2022.757032/post-10226754

 

[kumarh2020]

Hello @kumarh2020 do you have any insight about the matter I explained in the following post? https://www.canadavisa.com/canada-immigration-discussion-board/threads/super-visa-2022.757032/post-10226754

Done.. have a look.

 

[Sr_ke]

For an application to be considered under Can+, the applicant should have had PRIOR Canadian Visa, with travel history WITHIN THE LAST 10 YEARS. If they're applying for a first time visa, they'd not qualify for the Can+ processing.

do they qualify if they have the visa and never used it? and also have an active US visa?

 

[Mirapakay]

Order GCMS Notes.

CAN+ is not relevant as they applied in April and just received refusal now. CAN+ is expedited processing so they weren’t processed under CAN+. IRCC decides if an application will be processed quickly and doesn’t guarantee approval.

So they applied from the US. Reapply when they are in their home country to show ties.

@Naturgrl thanks for the reply. I have a few questions.

1. Should I apply for GCMS notes now or reapply for TRV now that they are in home country?
2. How long does GCMS notes take to come?
3. I have requested ATIP being a Canadian PR in the past while the application was in process to find out why the application was getting delayed. Are both ATIP and GCMS same?
4. Do you recommend applying for Super Visa this time as it's been more than 2 years I have been with them for good amount of time?

 

[Mirapakay]

Since they are NOT in their home country while applying for a visitor visa for Canada, is the reason for rejection. If they apply for this after they go back to their home country, they will get the visa. USA does the same thing, for example, if a Canadian PR holder applied for a USA visa from India, they will reject it, because USA embassy knows the applicant will go back to Canada, and the stipulation is, you will come back to the 'country issuing the visa' for you to travel to USA from. Hope this helps. Any applications that were sent just before covid, say December 2019 onwards till Sept 7th, 2021, needed to be reapplied.

@kumarh2020 thanks for the reply. Do you recommend them applying again, now that they are in their home country? Or should we do anything else before that? I know that they have to mention in the next application that the prior visa was refused but just want to know if they need to do anything else before reapplying?

 

[Naturgrl]

@Naturgrl thanks for the reply. I have a few questions.

1. Should I apply for GCMS notes now or reapply for TRV now that they are in home country?
2. How long does GCMS notes take to come?
3. I have requested ATIP being a Canadian PR in the past while the application was in process to find out why the application was getting delayed. Are both ATIP and GCMS same?
4. Do you recommend applying for Super Visa this time as it's been more than 2 years I have been with them for good amount of time?

1. Your decision. If that was their only reason for refusal, they can reapply being back home.
2. Seems to be longer and longer. Est. 3 months.
3. ATIP and GCMS are the same. ATIP costs $5.
4. If eligible for super visa and they plan to stay longer than 6 months, then SV is a better choice. They need to purchase one year of health insurance.

 

[Mirapakay]

1. Your decision. If that was their only reason for refusal, they can reapply being back home.
2. Seems to be longer and longer. Est. 3 months.
3. ATIP and GCMS are the same. ATIP costs $5.
4. If eligible for super visa and they plan to stay longer than 6 months, then SV is a better choice. They need to purchase one year of health insurance.

Thanks @Naturgrl again for clearly answering my questions.

I have submitted for ATIP request today. Since you mentioned it might take 3 months, I am not sure if I could wait so long to leave them alone. They are eligible for super visa and are ready to purchase one year of health insurance. Do you recommend applying SV right away?

 

[Naturgrl]

Thanks @Naturgrl again for clearly answering my questions.

I have submitted for ATIP request today. Since you mentioned it might take 3 months, I am not sure if I could wait so long to leave them alone. They are eligible for super visa and are ready to purchase one year of health insurance. Do you recommend applying SV right away?

Sure, they can reapply. Assume you meet LICO.

 

[kumarh2020]

@kumarh2020 thanks for the reply. Do you recommend them applying again, now that they are in their home country? Or should we do anything else before that? I know that they have to mention in the next application that the prior visa was refused but just want to know if they need to do anything else before reapplying?

Absolutely. Make sure they mention in the file that they have applied previously (date etc), and reason for refusal. That's it, make sure you mention it. Else they will consider it has procedural fairness as withholding material information, and could ban them for 5 years.