TRV refusals: is artificial intelligence (AI) to blame?

[Laurahd]

Lately, I've seen in many forums and groups that most people are getting refusal when their spouse apply for TRV. I have yet to read about the use of AI may be the issue. Since 2014, IRCC has explored the use of AI for the processing of applications. This is not to say that a computer makes a decision. Actually, AI is supposed to assist IRCC in giving more visas, but do they? A University of Toronto report raises issues related to human rights, privacy and discrimination over the Canadian federal government’s exploration of the possibility of using AI. An immigration consultancy firm says that "the technology could be making incorrect assumptions and have in-built errors that could be the difference in the success or failure of an application."

A SCC decision rendered on 19 December 2019 challenges the fact that an officer cannot merely tick boxes as their refusal decision. I could go further on this but I first wanted to know if anyone who had applied for TRV and got a refusal were aware of this?

 

[canuck78]

Spouses applying for TRV are routinely refused because they aren't usually temporary visitors. Doesn't mean AI was used.

 

[Paul09]

Spouses applying for TRV are routinely refused because they aren't usually temporary visitors. Doesn't mean AI was used.

Yes! It is. All online applications go through screening using AI, spouses will not get trv unless they have a strong travel history or any type of visa from USA. Even expired visa will help. But if they have no history it will get refused on dual intent basis.

 

[canuck78]

Yes! It is. All online applications go through screening using AI, spouses will not get trv unless they have a strong travel history or any type of visa from USA. Even expired visa will help. But if they have no history it will get refused on dual intent basis.

Having a good and well-paying longterm job plus other international travel definitely factors into whether spouses get approved. The majority do not,

 

[Paul09]

Having a good and well-paying longterm job plus other international travel definitely factors into whether spouses get approved. The majority do not,

Spousal sponsorship in place, getting TRV is impossible, even with a good and well-paying job. If someone has a US TRV(valid or expired) or Canada TRV(valid or expired) they have more chances (saw an update from forum member)

Check this out
https://www.canada.ca/en/immigratio...esidents/visitors/dual-intent-applicants.html

 

[canuck78]

Spousal sponsorship in place, getting TRV is impossible, even with a good and well-paying job. If someone has a US TRV(valid or expired) or Canada TRV(valid or expired) they have more chances (saw an update from forum member)

Check this out
https://www.canada.ca/en/immigratio...esidents/visitors/dual-intent-applicants.html

Not impossible just pretty rare. I have certainly seen cases. The spouse tends to have a longterm well paying job, have a good travel record, perhaps owned some property and a temporary visit is realistic. Many never did go back which is why it is hard for a spouse to get the TRV.

 

[Paul09]

Not impossible just pretty rare. I have certainly seen cases. The spouse tends to have a longterm well paying job, have a good travel record, perhaps owned some property and a temporary visit is realistic. Many never did go back which is why it is hard for a spouse to get the TRV.

Not many, but few who do not go back. The majority renew their status or move to another category according to their need and requirement, which is nothing wrong.

 

[canuck78]

Not many, but few who do not go back. The majority renew their status or move to another category according to their need and requirement, which is nothing wrong.

Filing inland sponsorship while arriving on a TRV is exactly why most TRVs are not approved. A TRV is meant for temporary visitors. To be approved there has to be high chance that you are actually only coming to visit your spouse and return home. There is nothing wrong with filing inland sponsorship but it leaves Canada in a vulnerable position if there is concern about the validity of the relationship. It is very hard to get someone to leave Canada if they don’t want to leave. Many spouses will also not have healthcare if they arrive on a TRV causing problems especially around pregnancy with no healthcare coverage.

 

[Paul09]

Inland application servers many applicants or

Filing inland sponsorship while arriving on a TRV is exactly why most TRVs are not approved. A TRV is meant for temporary visitors. To be approved there has to be high chance that you are actually only coming to visit your spouse and return home. There is nothing wrong with filing inland sponsorship but it leaves Canada in a vulnerable position if there is concern about the validity of the relationship. It is very hard to get someone to leave Canada if they don’t want to leave. Many spouses will also not have healthcare if they arrive on a TRV causing problems especially around pregnancy with no healthcare coverage.

Inland Application process servers many applicants who are in Canada, and it is not related to the refusals of Visitor Visa. Most of the time people that apply for Inland Applications are here on Work-permit or Students. Indeed TRV is for temporary visits, but that temp may be more than 6 months, which applicant has an option to select when applying that depends on person to person and their needs. Canada is not in a vulnerable position as it has learned from mistakes and keep on learning as time goes. I guess you forgot the Length of the undertaking period and then 5 years period that the applicant cannot sponsor anyone. No, it is not hard to get someone to leave Canada if they create problems. Even Permanent Residents can lose their status, for some offenses. During the past few years, travel insurance has expended so much, and to get one is so easy that most of the Travellers do carry them making their life much easy.

 

[canuck78]

Inland application servers many applicants or


Inland Application process servers many applicants who are in Canada, and it is not related to the refusals of Visitor Visa. Most of the time people that apply for Inland Applications are here on Work-permit or Students. Indeed TRV is for temporary visits, but that temp may be more than 6 months, which applicant has an option to select when applying that depends on person to person and their needs. Canada is not in a vulnerable position as it has learned from mistakes and keep on learning as time goes. I guess you forgot the Length of the undertaking period and then 5 years period that the applicant cannot sponsor anyone. No, it is not hard to get someone to leave Canada if they create problems. Even Permanent Residents can lose their status, for some offenses. During the past few years, travel insurance has expended so much, and to get one is so easy that most of the Travellers do carry them making their life much easy.

Many inland sponsorship are from visa exempt countries so there are less reasons to commit immigration fraud. All the couple are not in Canada already working or studying. Tempororary visits can vary in length but if you are planning on applyIng for spousal sponsorship you are not a temporary visitor. A the only exception is if you are coming for a short vacation and returning to your home country, job, home, etc. Most would not be able to get more than a month off from their employer. Spouses of international students or on a work permit in Canada are routinely denied a TRV because they want to live with their spouse in Canada. They are supposed to apply for an OWP even if they don’t intend to work.

It is actually very hard and expensive to get someone to leave Canada if they are unwilling to go. You are talking about spouses that have already received PR and when they split up one goes on welfare. They both already have PR. There are many people who were supposed to leave Canada who haven’t and keep applying for various immigration programs and appealing if they get denied while often using free legal aid. Processing all these application comes at a cost. Eventually when they run out of options they can either go underground, leave willingly or wait to get removed. If a person is ready for removal they can apply for PPRA. If they can’t get PPRA and they don’t want to leave or can’t afford to leave Canada ends up chartering a plane (usually far from full) with armed guards to escort passengers to their home country. The flight with armed guards is 15k per deportee. If there we’re concerns that a person may not show up for their deportation they would be held in immigration sententious which is another cost.

https://www.cbc.ca/news/politics/deportation-cbsa-refugee-assistance-1.4493727

 

[Laurahd]

Spouses applying for TRV are routinely refused because they aren't usually temporary visitors. Doesn't mean AI was used.

Actually, that is not correct. To say it doesn't mean it is used, does not mean it isn't. I really do not understand what point you're trying to make. Are you just guessing or you researched about it and came to this conclusion?

 

[Laurahd]

Yes! It is. All online applications go through screening using AI, spouses will not get trv unless they have a strong travel history or any type of visa from USA. Even expired visa will help. But if they have no history it will get refused on dual intent basis.

They should not get refused only based on dual intent. I'm wondering if the replies are based on the law or just based on guesses. The IRPA clearly states that dual intent is allowed*. The IRCC mentions it in their operations manual they put on their website for stakeholders. An applicant cannot be refused just on the basis of dual intent. The provisions R179b may have been extensively used in a discretionary manner that everyone just assumes that if you don't have this and that, you will be refused. This is also where I believe AI comes into play because it deprives the applicant of the human factor in decision-making which could have in their favour. I'll read the rest of the replies and make another post about the possible impact of AI.

*Section 22(2) of the Immigration and Refugee Protection Act (the “IRPA“) states that: An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay.

 

[Laurahd]

Spousal sponsorship in place, getting TRV is impossible, even with a good and well-paying job. If someone has a US TRV(valid or expired) or Canada TRV(valid or expired) they have more chances (saw an update from forum member)

Check this out
https://www.canada.ca/en/immigratio...esidents/visitors/dual-intent-applicants.html

That's not what the manual says. Have you read it?


"A person’s desire to apply for temporary resident status and permanent resident status in Canada is legitimate. An officer should distinguish between a temporary residence applicant whose intentions are bona fide and an applicant who has no intention of leaving Canada at the end of their authorized stay if the application for permanent residence is refused.

In assessing the applicant’s intentions, the individual circumstances of the temporary residence applicant must be examined; refusals of non-bona fide temporary residents may only withstand legal challenge when the refusal is based on the information related to the specific application before an officer."

They can't refuse based on dual intent. Have you ever seen that as a reason of refusal no? Are there people with pending sponsorship approval (no AIP) who get TRV approved? Yes. But they are few. As I said, it seems that the officer uses R179b as a blanket excuse, a box they tick for everyone who has family in Canada, which does not make sense.

 

[Laurahd]

Not many, but few who do not go back. The majority renew their status or move to another category according to their need and requirement, which is nothing wrong.

Exactly. Not going back is very different than staying illegally. We roll the red carpet to approved temporary worker, giving their dependants OWP and study visa. Do they all return back to their country? I doubt. They even have pathway to apply for PR before their work permit is expired.

 

[Laurahd]

Filing inland sponsorship while arriving on a TRV is exactly why most TRVs are not approved. A TRV is meant for temporary visitors. To be approved there has to be high chance that you are actually only coming to visit your spouse and return home. There is nothing wrong with filing inland sponsorship but it leaves Canada in a vulnerable position if there is concern about the validity of the relationship. It is very hard to get someone to leave Canada if they don’t want to leave. Many spouses will also not have healthcare if they arrive on a TRV causing problems especially around pregnancy with no healthcare coverage.

If we follow this logic, Canada wouldn't get any temporary worker since most of them seek to stay in Canada permanently. What you go goes against what Canada stands for in terms of immigration. Not because it wants to, but because it needs it.