I am looking for clarification on a few items and recommendations for next steps...
Single 30s Female Applicant with a Thai passport.
Past Applications:
TRV - Denied (2016)
TRV - Approved (2016) Multiple Approved for Duration of Passport, issued after 10-year Multiple USNIV Issued
TRV - Approved (~2019) Multiple Approved for Duration of Passport. Using CAN+
Study Permit (2021) Denied -- Officer didn't like Sales & Marketing diploma program because she has a Masters Degree from Home Country
Study Permit (2021) Denied -- Officer didn't like Sales & Marketing diploma program because she has a Masters Degree from Home Country
TRV - Denied (2022) -- Officer said past travel was inconsistent with full-time employment, incorrectly cited one-way ticket to Canada, lacks ties to home country
We have GCMS notes from all the applications, I've included all the relevant information gathered from the GCMS notes.
She applied for her 3rd TRV while in the USA, en-route to Canada. She is currently in Canada.
She has a remote IT job paying ~USD$30,000/year and about ~US$200,000 in savings/investments in her name. She has extensive travel throughout the USA, Canada, S/Central America, Europe, Aus/NZ, and Asia. Often spending long durations (3-4 months) in a country.
She has not been in Canada all through Covid, and her longest stay is her current stay going on 3 months. She traveled back and forth to Canada a few times in 2017/8, but otherwise has not spent a significant amount of time in Canada.
Questions:
1) When she arrived, her passport was not stamped. She specified an intended stay of 3 weeks in the electronic kiosk. The officer did NOT stamp her passport. My understanding is her entry is valid for 6 months from the date of arrival.
2) Can she apply for a new TRV from within Canada? My understanding is that she can, but there has been mixed info. I have done this with another individual physically inside Canada on a TRV entry, and they sent their passports to Ottawa and has the visa issued.
3) My initial reaction, is that the refusal is a mistake/bad luck/etc, and that she should immediately try to re-apply. Should she? I understand there might be benefits to waiting, but for her it's at the expense of a longer duration stay in Canada.
4) My understanding is she can take classes up to 6 months in duration without a study permit. Is this correct? Assuming she extends her stay, can she take classes after being in the country for over 6 months, as long as the total duration of the classes does not exceed 6 months?
5) If she leaves Canada, how un/likely is it she would be denied entry upon return. An immigration lawyer I worked with before for my own situation (when I was on tourist entries) told me its extremely unlikely to be denied entry at the border, as long as you can show financial means, and are not entering for a prohibited purpose (like work/school/etc). I've been sent to secondary before, but was eventually waived through, even tho it was clear I was "living in Canada".. (my son was studying in a kindergarden)
6) https://www.canimmigrate.com/1_13_visa-refusal-and-federal-court.html seems to indicate that using the Vavilov standard, we could apply to a federal court for a review of her application. Has anyone done this?
7) If she does re-apply, should we acknowledge seeing the GCMS notes, and explain why they are wrong (in the cover letter)? Should she mention an intent on taking the case to federal review/court if the officer doesn't approve the TRV?
8) she will mention the over 15+ times she has left Canada/USA and returned to Thailand as proof she would not overstay, including putting up with Thai quarantine 3x during the pandemic, in addition to her father recently being diagnosed with cancer. Any other creative tips on what to mention to show ties to home country?
TIA.
Single 30s Female Applicant with a Thai passport.
Past Applications:
TRV - Denied (2016)
TRV - Approved (2016) Multiple Approved for Duration of Passport, issued after 10-year Multiple USNIV Issued
TRV - Approved (~2019) Multiple Approved for Duration of Passport. Using CAN+
Study Permit (2021) Denied -- Officer didn't like Sales & Marketing diploma program because she has a Masters Degree from Home Country
Study Permit (2021) Denied -- Officer didn't like Sales & Marketing diploma program because she has a Masters Degree from Home Country
TRV - Denied (2022) -- Officer said past travel was inconsistent with full-time employment, incorrectly cited one-way ticket to Canada, lacks ties to home country
We have GCMS notes from all the applications, I've included all the relevant information gathered from the GCMS notes.
She applied for her 3rd TRV while in the USA, en-route to Canada. She is currently in Canada.
She has a remote IT job paying ~USD$30,000/year and about ~US$200,000 in savings/investments in her name. She has extensive travel throughout the USA, Canada, S/Central America, Europe, Aus/NZ, and Asia. Often spending long durations (3-4 months) in a country.
She has not been in Canada all through Covid, and her longest stay is her current stay going on 3 months. She traveled back and forth to Canada a few times in 2017/8, but otherwise has not spent a significant amount of time in Canada.
Questions:
1) When she arrived, her passport was not stamped. She specified an intended stay of 3 weeks in the electronic kiosk. The officer did NOT stamp her passport. My understanding is her entry is valid for 6 months from the date of arrival.
2) Can she apply for a new TRV from within Canada? My understanding is that she can, but there has been mixed info. I have done this with another individual physically inside Canada on a TRV entry, and they sent their passports to Ottawa and has the visa issued.
3) My initial reaction, is that the refusal is a mistake/bad luck/etc, and that she should immediately try to re-apply. Should she? I understand there might be benefits to waiting, but for her it's at the expense of a longer duration stay in Canada.
4) My understanding is she can take classes up to 6 months in duration without a study permit. Is this correct? Assuming she extends her stay, can she take classes after being in the country for over 6 months, as long as the total duration of the classes does not exceed 6 months?
5) If she leaves Canada, how un/likely is it she would be denied entry upon return. An immigration lawyer I worked with before for my own situation (when I was on tourist entries) told me its extremely unlikely to be denied entry at the border, as long as you can show financial means, and are not entering for a prohibited purpose (like work/school/etc). I've been sent to secondary before, but was eventually waived through, even tho it was clear I was "living in Canada".. (my son was studying in a kindergarden)
6) https://www.canimmigrate.com/1_13_visa-refusal-and-federal-court.html seems to indicate that using the Vavilov standard, we could apply to a federal court for a review of her application. Has anyone done this?
7) If she does re-apply, should we acknowledge seeing the GCMS notes, and explain why they are wrong (in the cover letter)? Should she mention an intent on taking the case to federal review/court if the officer doesn't approve the TRV?
8) she will mention the over 15+ times she has left Canada/USA and returned to Thailand as proof she would not overstay, including putting up with Thai quarantine 3x during the pandemic, in addition to her father recently being diagnosed with cancer. Any other creative tips on what to mention to show ties to home country?
TIA.