VISA REFUSAL: As Stipulated In Paragraph 179(b)

[SAKAMAL1974]

Dear all I just got informed over the GCkey portal that my VISA Application is refused citing Paragraph 179(b) as follows. I am also writing my responses to what the VISA Officer missed while making decision on my case.

• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your family ties in Canada and in your country of residence.
> No family in Canada but have a US National brother.
> In addition my case for immigration to the US was filled in 2008 and I am sure that within the next 5-7 years it will be finalized.
> Married in 2004 and have 3 daughters

• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on the purpose of your visit.
> My purpose is tourism as is mostly the case while I visited the UK, US, The Netherlands & Russia.
> Besides tourism I have traveled for attending conferences/seminars and a visit to Saudi Arabia for performing religious pilgrimage.
> I might have traveled abroad for more than 15 times during the last 5 years.
> I do still have a Valid UK Visa on my passport.

• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your current employment situation.
> I am an Engineer currently employed by a Public Sector University against a Permanent Post.
> I am working in the University since 2006. Prior to this I was working for a Government Owned Utility Corporation.

• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your personal assets and financial status.
> I have a good salary package as compared to other government employees.
> From time to time I do have foreign remittance (from my US National Brother)

I have attached documentary evidence to everything above (written) while I was submitting my application.

I think (and I am even convinced) that the visa officer have not bothered to even look at my application form (and other forms) and had made his decision by just watching my photograph.

 

[k.h.p.]

The visa officer considered your entire application.

What documentary evidence of everything did you supply?

Be aware that the "family ties" reason for refusal is "family ties in Canada and in your country of residence." Do you live in the same country as your spouse and 3 daughters? Did you provide proof of them in your application?

 

[SAKAMAL1974]

I ATTACHED ALL RELATED DOCUMENTS WITH MY ONLINE APPLICATION LIKE (BUT NOT LIMITED TO) THE FOLLOWING:
US NVC CASE, MARRIAGE REGISTRATION CERTIFICATE, FAMILY REGISTRATION CERTIFICATE, STAMPED PAGES OF MY PASSPORTS, EMPLOYMENT LETTER, SALARY SLIPS, BANK STATEMENT, INCOME TAX DOCUMENTS.
I mean anything that can reveal that whatever I mention above in my reply is true.

Yes, I live with my wife and children in the same country, same city and even in the same house. The Family Registration Certificate is a government issued document (verifiable online).

Finally, Dear Champion Member, I think you are absolutely wrong when you say that the visa officer has considered my entire application.

I do believe that visa officers are competent people in their respective field.

But my visa officers did not checked any of the available information provided. His decision was biased and should have been influenced by RACISM.

I think I don't have the right to appeal but what I will do is to apply again in a day or two.

I will attach my reply to the above biased and racist decision of the visa officer just to make my point.

And may be (who knows) such visa officers would become more vigilant in future before taking BAISED and RACIST decisions.

I don't even care if I will get my visa or will again be refused. I have traveled a lot and still there a many places to visit in Europe, UK and the US. As far as for Canada I will travel to Canada after 5-7 years once I get my green card.

 

[k.h.p.]

I ATTACHED ALL RELATED DOCUMENTS WITH MY ONLINE APPLICATION LIKE (BUT NOT LIMITED TO) THE FOLLOWING:
US NVC CASE, MARRIAGE REGISTRATION CERTIFICATE, FAMILY REGISTRATION CERTIFICATE, STAMPED PAGES OF MY PASSPORTS, EMPLOYMENT LETTER, SALARY SLIPS, BANK STATEMENT, INCOME TAX DOCUMENTS.
I mean anything that can reveal that whatever I mention above in my reply is true.

Yes, I live with my wife and children in the same country, same city and even in the same house. The Family Registration Certificate is a government issued document (verifiable online).

Finally, Dear Champion Member, I think you are absolutely wrong when you say that the visa officer has considered my entire application.

I do believe that visa officers are competent people in their respective field.

But my visa officers did not checked any of the available information provided. His decision was biased and should have been influenced by RACISM.

I think I don't have the right to appeal but what I will do is to apply again in a day or two.

I will attach my reply to the above biased and racist decision of the visa officer just to make my point.

And may be (who knows) such visa officers would become more vigilant in future before taking BAISED and RACIST decisions.

I don't even care if I will get my visa or will again be refused. I have traveled a lot and still there a many places to visit in Europe, UK and the US. As far as for Canada I will travel to Canada after 5-7 years once I get my green card.

If all you do is accuse the visa officer of being biased and racist, you will be refused yet again. What proof do you have that the visa officer was racist? Have you even requested your GCMS notes?

What country are you from?

Visas are a privilege, not a right. Decisions are made based on people's profiles and the countries from which they apply because people abuse Canada's visa system. You may not like the decision you received, but absent any proof - such as notes in your decision file suggesting the decision was made based on your race - all your reapplication calling the VO racist will do is get you refused, possible for the same reasons above or for others.

Your profile has risk factors:

• You have applied for immigration to the United States. This means you do not intend to reside in your home country. You are a risk of overstaying in Canada. Or you are a risk of crossing the US border illegally from Canada to stay in the US.
• Being employed by government increases your security review requirements. You may be a security risk to Canada.
• A brother in the US is someone who can support you in an illegal stay in the United States. That increases your overstay risk in Canada.
• Your salary being good compared to other government workers doesn't suggest how high it is or how well it would fund your current proposed travel.

Did you apply just on your own for the visa, or did you include your wife and three daughters? Including your family in the visa application removes your ties to your home country and makes you an overstay risk.

Go ahead and accuse the visa officer of being racist if you want - it won't help. Your major risk is that you have applied to emigrate to the United States, meaning you have no intention to stay in your home country. Travel to Canada is therefore a risk.

 

[myra20sharma]

I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your family ties in Canada and in your country of residence. ---> Were you applying visa for just yourself or for your wife and children too? If you applied for all of you, then you were NOT leaving anyone behind (Family Tie) that you will return to.
> No family in Canada but have a US National brother.
> In addition my case for immigration to the US was filled in 2008 and I am sure that within the next 5-7 years it will be finalized.
> Married in 2004 and have 3 daughters

• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on the purpose of your visit. ---> If you purpose of Travel was Tourism, what all you provide (day by day itinerary, reserved hotel booking/flight?)
> My purpose is tourism as is mostly the case while I visited the UK, US, The Netherlands & Russia.
> Besides tourism I have traveled for attending conferences/seminars and a visit to Saudi Arabia for performing religious pilgrimage.
> I might have traveled abroad for more than 15 times during the last 5 years.
> I do still have a Valid UK Visa on my passport.

• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your current employment situation. ---->As I can understand, your current status in the country of residence is temporary and not permanent?
> I am an Engineer currently employed by a Public Sector University against a Permanent Post.
> I am working in the University since 2006. Prior to this I was working for a Government Owned Utility Corporation.

• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your personal assets and financial status. ---->I am not sure how much financial statement you attached, but some experts say it's $1000 per person (intends to travel) per week (you intent to live in Canada)
> I have a good salary package as compared to other government employees.
> From time to time I do have foreign remittance (from my US National Brother)

 

[SAKAMAL1974]

I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your family ties in Canada and in your country of residence. ---> Were you applying visa for just yourself or for your wife and children too? If you applied for all of you, then you were NOT leaving anyone behind (Family Tie) that you will return to.
> No family in Canada but have a US National brother.
> In addition my case for immigration to the US was filled in 2008 and I am sure that within the next 5-7 years it will be finalized.
> Married in 2004 and have 3 daughters

• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on the purpose of your visit. ---> If you purpose of Travel was Tourism, what all you provide (day by day itinerary, reserved hotel booking/flight?)
> My purpose is tourism as is mostly the case while I visited the UK, US, The Netherlands & Russia.
> Besides tourism I have traveled for attending conferences/seminars and a visit to Saudi Arabia for performing religious pilgrimage.
> I might have traveled abroad for more than 15 times during the last 5 years.
> I do still have a Valid UK Visa on my passport.

• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your current employment situation. ---->As I can understand, your current status in the country of residence is temporary and not permanent?
> I am an Engineer currently employed by a Public Sector University against a Permanent Post.
> I am working in the University since 2006. Prior to this I was working for a Government Owned Utility Corporation.

• I am not satisfied that you will leave Canada at the end of your stay as a temporary resident, as stipulated in paragraph 179(b) of the IRPR, based on your personal assets and financial status. ---->I am not sure how much financial statement you attached, but some experts say it's $1000 per person (intends to travel) per week (you intent to live in Canada)
> I have a good salary package as compared to other government employees.
> From time to time I do have foreign remittance (from my US National Brother)

I would like to update as follows:
I am a Citizen of Pakistan and am employed by a Public Sector University as Additional Director as Permanent Employee.



---> Were you applying visa for just yourself or for your wife and children too? If you applied for all of you, then you were NOT leaving anyone behind (Family Tie) that you will return to.
> I applied only for myself.
---> If you purpose of Travel was Tourism, what all you provide (day by day itinerary, reserved hotel booking/flight?)
> Yes Valid Travel Itinerary Plus Hotel Confirmed Bookings were provided.
---->As I can understand, your current status in the country of residence is temporary and not permanent?
> No I am a Permanent Resident of my Country and my Job is also permanent means I will get Pension Benefits after my retirement.
---->I am not sure how much financial statement you attached, but some experts say it's $1000 per person (intends to travel) per week (you intent to live in Canada)
> Funds were available in the range of CAD 5000/= but most of the payments are met from my Credit Cards

 

[SAKAMAL1974]

If all you do is accuse the visa officer of being biased and racist, you will be refused yet again. What proof do you have that the visa officer was racist? Have you even requested your GCMS notes?

What country are you from?

Visas are a privilege, not a right. Decisions are made based on people's profiles and the countries from which they apply because people abuse Canada's visa system. You may not like the decision you received, but absent any proof - such as notes in your decision file suggesting the decision was made based on your race - all your reapplication calling the VO racist will do is get you refused, possible for the same reasons above or for others.

Your profile has risk factors:

• You have applied for immigration to the United States. This means you do not intend to reside in your home country. You are a risk of overstaying in Canada. Or you are a risk of crossing the US border illegally from Canada to stay in the US.
• Being employed by government increases your security review requirements. You may be a security risk to Canada.
• A brother in the US is someone who can support you in an illegal stay in the United States. That increases your overstay risk in Canada.
• Your salary being good compared to other government workers doesn't suggest how high it is or how well it would fund your current proposed travel.

Did you apply just on your own for the visa, or did you include your wife and three daughters? Including your family in the visa application removes your ties to your home country and makes you an overstay risk.

Go ahead and accuse the visa officer of being racist if you want - it won't help. Your major risk is that you have applied to emigrate to the United States, meaning you have no intention to stay in your home country. Travel to Canada is therefore a risk.

I would like to update s follows:

> Pakistan
> If Visa is a Privilege then they should have Refused me straight forward and why having this process and asking all documents etc. I will never tell them that they are Racist. Besides it was my personal thought after a hectic week at work and in the end I got information that my application was refused. but one thing is sure that the VO did not go through all the documents I have provided.
> I have applied for Immigration to the US as my brother is already a US Citizen. The purpose is to be together after retirement etc and not going there to work or have a fortune.
> I am employed by a Public Sector University as Additional Director. I am Permanent Employee with Pension Benefits. I can't risk my retirement benefits just for becoming illegal in any country. Furthermore at the age of 45 I don't want to be a dishwasher or work at a fuel station etc. as I won't get a good job abroad.
> I have visited 4 times to the US. 3 times for Conferences etc and once for tourism. If and only if I want to have illegal stay in the US then I do not require a Canadian Visa as I got a lot of chances. Besides this I have traveled to the United Kingdom for about 8/9 times. I had enough opportunities to became illegal in any countries. Besides US and UK, I had chances for becoming Illegal in Europe like The Netherlands or in Germany.
> My finances are in good standing and can cover the cost of travel to Canada. I had around CAD 5000/= for my Trip.
> No. I applied only for myself.

I understand the more I disclose myself the more you will ask. I do understand that you are just defending the VO etc. and not understanding my issues.

Anyhow, this is an open forum and everyone can write what he thinks and I think and believe that the VO did not checked any of my details provided with my application.

 

[myra20sharma]

I would like to update as follows:
I am a Citizen of Pakistan and am employed by a Public Sector University as Additional Director as Permanent Employee.


---> Were you applying visa for just yourself or for your wife and children too? If you applied for all of you, then you were NOT leaving anyone behind (Family Tie) that you will return to.
> I applied only for myself. ---->This looks fine.
---> If you purpose of Travel was Tourism, what all you provide (day by day itinerary, reserved hotel booking/flight?)
> Yes Valid Travel Itinerary Plus Hotel Confirmed Bookings were provided. ---->Return flight? Some people only give the reserved return ticket to make the VO believe they'll return. I did this for one of my family member who was single and had only US in trave history and no strong purpose of travel. She got hers.
---->As I can understand, your current status in the country of residence is temporary and not permanent?
> No I am a Permanent Resident of my Country and my Job is also permanent means I will get Pension Benefits after my retirement. ----> Do you mean you hold a permanent immigration status in the country of residence(from where you applied visa) and you also work there? If yes, then you can request GCMS notes for more clarity.
---->I am not sure how much financial statement you attached, but some experts say it's $1000 per person (intends to travel) per week (you intent to live in Canada)
> Funds were available in the range of CAD 5000/= but most of the payments are met from my Credit Cards ----> Credit card is a debt so I would only show my account where my salary lands, to show a flow of money. Also, $5000 is okay if you intended to travel alone for 2-3 weeks.

 

[k.h.p.]

I would like to update s follows:

> Pakistan

Well, unfortunately a lot of your fellow Pakistan nationals have abused Canadian visitor visas. It's not your fault, but it is something that enters into the analysis for Canadian visa officers.

> If Visa is a Privilege then they should have Refused me straight forward and why having this process and asking all documents etc. I will never tell them that they are Racist. Besides it was my personal thought after a hectic week at work and in the end I got information that my application was refused. but one thing is sure that the VO did not go through all the documents I have provided.

They didn't refuse it immediately because they reviewed your application. It does take some time to do even a cursory review.

Again, how precisely can you say they didn't review your documents? Have you requested visa officer notes?

> I have applied for Immigration to the US as my brother is already a US Citizen. The purpose is to be together after retirement etc and not going there to work or have a fortune.

I understand that and I hope it works for you. However, one of the factors that Canada evaluates in a visa application is the likelihood that you will return to your country of residence. Having applied for immigration elsewhere, especially the United States who will provide all the information that you provided to them to Canada to review your visa application, is an indication that your long term goals are to leave your country of residence. Because of how Canada's laws work, once you are in Canada you have the right to apply many ways to stay. The easiest way to avoid that risk is to deny you a visa.

> I am employed by a Public Sector University as Additional Director. I am Permanent Employee with Pension Benefits. I can't risk my retirement benefits just for becoming illegal in any country. Furthermore at the age of 45 I don't want to be a dishwasher or work at a fuel station etc. as I won't get a good job abroad.

You have a good job, but did you mention your retirement benefits in your application as a reason why you would return to your country of residence? Would immigration to the US risk your benefits in the same way?

> I have visited 4 times to the US. 3 times for Conferences etc and once for tourism. If and only if I want to have illegal stay in the US then I do not require a Canadian Visa as I got a lot of chances. Besides this I have traveled to the United Kingdom for about 8/9 times. I had enough opportunities to became illegal in any countries. Besides US and UK, I had chances for becoming Illegal in Europe like The Netherlands or in Germany.

You did have those chances. And that should mitigate in your favour, but I imagine that your funds and your immigration application, plus your status in your country of residence (if it isn't your country of citizenship) weighed against your travel history.

> My finances are in good standing and can cover the cost of travel to Canada. I had around CAD 5000/= for my Trip.

That's a good amount of money for a short trip. However, they will have also wanted to see income statements and bank statements to see what you earn in a month and spend, to know if your finances are sustainable enough to mean you will return to your home country.

> No. I applied only for myself.

I understand the more I disclose myself the more you will ask. I do understand that you are just defending the VO etc. and not understanding my issues.

Anyhow, this is an open forum and everyone can write what he thinks and I think and believe that the VO did not checked any of my details provided with my application.

You're welcome to think that. I think your travel history is strong, but that there is something in your profile that makes you a risk.

The only way to really understand what happened is to request the visa officers notes. It shouldn't cost more than $30CAD; I would encourage you to request your GCMS notes and share them here, I'll help you analyze them.

 

[Immigration_guru]

Well, unfortunately a lot of your fellow Pakistan nationals have abused Canadian visitor visas. It's not your fault, but it is something that enters into the analysis for Canadian visa officers.

They didn't refuse it immediately because they reviewed your application. It does take some time to do even a cursory review.

Again, how precisely can you say they didn't review your documents? Have you requested visa officer notes?


I understand that and I hope it works for you. However, one of the factors that Canada evaluates in a visa application is the likelihood that you will return to your country of residence. Having applied for immigration elsewhere, especially the United States who will provide all the information that you provided to them to Canada to review your visa application, is an indication that your long term goals are to leave your country of residence. Because of how Canada's laws work, once you are in Canada you have the right to apply many ways to stay. The easiest way to avoid that risk is to deny you a visa.


You have a good job, but did you mention your retirement benefits in your application as a reason why you would return to your country of residence? Would immigration to the US risk your benefits in the same way?

You did have those chances. And that should mitigate in your favour, but I imagine that your funds and your immigration application, plus your status in your country of residence (if it isn't your country of citizenship) weighed against your travel history.

That's a good amount of money for a short trip. However, they will have also wanted to see income statements and bank statements to see what you earn in a month and spend, to know if your finances are sustainable enough to mean you will return to your home country.

You're welcome to think that. I think your travel history is strong, but that there is something in your profile that makes you a risk.

The only way to really understand what happened is to request the visa officers notes. It shouldn't cost more than $30CAD; I would encourage you to request your GCMS notes and share them here, I'll help you analyze them.

Great explanation @k.h.p.
GCMS can be requested for CAD 20 using the site mentioned below.
If you have someone known you can order it for CAD 5 from Canada