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Visitor's Visa Rejected, Can I appeal?

Discussion in 'Visitors' started by Mianta, Mar 31, 2017.

  1. Hello,

    I need some help to asses my situation. My brother and his family applied in Colombia to come and visit us in Canada, Calgary. Their application got rejected. Because of the following points:

    - You have not satisfied me that you would leave Canada at the end of your stay as a temporary resident... I considered several factors:

    1. Family ties in Canada and in Country of residense
    2 Personal assets and financial status

    Also:
    3. I am not stisfied that you have sufficient funds, including income or assess to carry out...

    4. You have not provided sufficient documentation to support Yur host's income and assets.

    We want to reapply but we want to do it right, we don't understand the rejection. He has a stable job for 10 years, like me in Canada. He owns his house like me in Canada. All the family leaves in Colombia, he has assets enough to come here and stay for the 2 weeks, they will stay in my house and state this in the invitation letter.

    What is wrong and what can I fix to apply the 2nd time?

    Any suggestions will be very much appreciated.
     
  2. Your brother will need to complete a new application and apply again. He will need to provide stronger evidence to overcome the reasons why he was refused.

    What specific evidence did he provide to show proof of ties to his home country?
    How much did he show in funds to pay for the trip and what evidence did he provide to show these funds?
    What evidence did you include to show your support of his trip (other than the invitation letter)?
     
  3. I would suggest the following : -

    1) Your brother should provide his strong ties in Colombia, i.e. why he would return from Canada and not over stay. I would suggest the following documents for the same: -
    • Employer letter stating his job and that he is been granted vacation by his company in colombia. This would prove that he is working and he needs to return for sure. If he is doing some business, then documentation regarding his business.
    • Property and bank account details in Colombia showing strong connection in Colombia.
    2) You and your brother shoudl show strong financial standing to support his trip. The following documents I would suggest for the same: -
    • Bank Account details for both showing strong finacial standing.
    • Salary Statements for last six months issued by the company you both are working for
    • Tax returns for the last 2-3 years showing you have been having a strong finanical standing for the last 2-3 years.

    I think the above documents should make your applicaiton stronger. If you can tell us what you had submitted with your original application people would be able to help you more.
     
  4. Thank you all for your responses.

    We did request the file from immigration to understand better what happened with the application. It says that it will take at least 30 days to receive a copy of the case. I will provide more information when we get the papers back.

    All that was suggested was provided and way much more documents. Again this seems to be one of those cases that immigration keeps saying no with no reason, that is why we want to see the notes in the case.

    I will keep informed every one that is interested as we might all learn something. I don't want to give up.
     
  5. visitor visa refused twice, i applied a visitor visa for my sister-in-law to come to Canada as a surrogate form Eritrea. i mean, me and my wife have been struggling to have a child for 7 years now. we have all document (history of infertility issues) & Doctor Note that our only option is to brining surrogate for us to carry a child.
    1-we have provided all bank assessment ($90k), proof of accommodation & expense, citizenship, employment letter, pay stub (1200 a week) and income tax for 2 years.
    2- my sister in-law provide all documents, finical tie in Eritrea, 4 children, 2 clothing stores, have house, Land, proof of her husband runs construction company and business, bank account 750k ($200K), and bank account of her husband ($350K)

    ****the response was from visa officer "you have not convince me that she will return back " to Eritrea.
    my sister in -law travel from Eritrea to Ethiopia to apply for Visa and she have been away from her family 8 month. now she is returning to Eritrea within 3 weeks.

    I can think million reason why they can denied visa, but i thought i have strong case. i don't think the visa officer really cares or understand the real issue here. My Doctor said this to me, brining surrogate is the only option for us and Canadian tax payers (healthcare cost).

    i m not sure what to say and how i can get help but this is my story,The truth is i never thought i would Hate Canada for one second, i felt hopeless & miserable. what option Do I Have. Please Any advice this day will pass for me?
     
  6. First I’m sorry for you and situation

    The purpose of a trp is for a temporary stay in Canada and this process won’t be conductive to a temporary stay. The VO can know exactly why or what you need but if Canadian law says it’s is contrary I don’t know what you expect from them

    Maybe there is a different visa but a TRV is not the right visa
     
  7. #7 mik122, Nov 2, 2017 at 9:04 PM
    Last edited: Nov 2, 2017
    Surrogate is allowed in Canada, My Dr told me many of his patients have brought surrogate and egg donors. We need only temporary visa b/c IVF requires 1 month to transfer our frozen Embryo (Everything is ready) after she is pregnant we bring our child from back home. if you believe there is different kind of visa for this kind of issue can you help me find out what kind of visa needed please for my situation
     
  8. #8 Bryanna, Nov 2, 2017 at 9:38 PM
    Last edited: Nov 2, 2017
    Hi,

    There's no different visa that you can apply for. You had correctly applied for a TRV for 'Other' purposes i.e. Medical TRV.

    Your sister-in-law should have also submitted:
    1. Medical reports to confirm that she is medically fit for surrogacy considering she has already had four children

    2. A copy of an executed contract between yourselves and her, which states won't be paid any fees for the surrogacy, and

    3. A copy of the insurance policy


    If I understand correctly, your sister-in-law was refused TRVs twice because:
    1. There's no guarantee or fixed time within which the frozen embryo can be transferred. It could take one cycle or multiple cycles before being transferred successfully + she could stay for the entire gestation (won't return home/may not be medically fit to return to her home country).

    This indefinite/indeterminate stay is not that of a typical visitor who will typically stay for a max. of 6 months = Your sister-in-law has the potential to overstay her visit


    2. You and your wife will cover the entire costs of the surrogacy. This includes paying for all expenses before/during/after her pregnancy and the birth + 1-year's insurance for your sister-in-law + her airfare = Working illegally on a TRV.

    BTW outside of the TRV ambit, Canadian surrogacy law forbid/it is illegal to pay/offer to pay a surrogate mother any fees/finances in exchange for the surrogacy.


    3. Canadian Federal Act allows for the surrogate mother to demand custody of the Canadian baby irrespective of an executed contract in place. If your sister-in-law decides to claim custody, this contract won't hold. It could lead to legal complications = Potential overstay on a TRV


    You can reapply, but I suspect her new TRV application will be refused again. You may want to consider a local surrogate mother


    Cheers
     
  9. Hi my sibling tourist visa is rejected
    Can you please suggest how you requested for file from immigration office

    And second time did ur visa is accepted
     
  10. and so i got in to this page because my wife's visa application to canada was also rejected for the same absurd reasons.

    my wife has been travelling to several countries without any issues.
    she was able to travel to india, china, korea multiple times, and some other countries which dont require visa. yet the the reason indicated was she does not have enough travel experiences. - like, seriously??

    with that, i really thought that the money used for the application was only pocketed by the immigration officer.
    it may be mean to think that way, but im so pissed off by the rejection reason which clearly is a big joke.
     

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