Visitor Visa for Minor with Canadian Parents Rejected

[viharviradia]

Hello Advisors,

I need your advise and feedback. Please help me. I’m a Canadian and My wife is a Permanent Resident. Our kid was born in India. My wife and our kid is in India currently. I’m in Canada. We have applied for our kid’s Permanent Residency. As we haven’t received any AOR, we applied for his visitor visa with all the proofs so that my wife and kid can travel to Canada. After 4.5 months of waiting, my kid’s visitor visa application was rejected.
I don’t know what to do now. Please guide us.
Thank you in advance.

 

[cansha]

Hello Advisors,

I need your advise and feedback. Please help me. I’m a Canadian and My wife is a Permanent Resident. Our kid was born in India. My wife and our kid is in India currently. I’m in Canada. We have applied for our kid’s Permanent Residency. As we haven’t received any AOR, we applied for his visitor visa with all the proofs so that my wife and kid can travel to Canada. After 4.5 months of waiting, my kid’s visitor visa application was rejected.
I don’t know what to do now. Please guide us.
Thank you in advance.

There is not much to do really. This is a very common reason for rejection unfortunately as for the officer giving the visitor visa they need to ensure that the person will leave Canada at end of their visit. Now given that you are Canadian and wife is PR that looks unlikely that your kid will leave Canada at end of the visit. Now, logically they should see that it is a young kid and differentiate it with an adult but unfortunately doesn't work that way.

If your wife was a non PR you could have shown her home ties to make application of your kid stronger but that is not possible in this case.

What is the reason given for rejection in the application?

Your best bet is to apply for PR.

 

[Naturgrl]

Hello Advisors,

I need your advise and feedback. Please help me. I’m a Canadian and My wife is a Permanent Resident. Our kid was born in India. My wife and our kid is in India currently. I’m in Canada. We have applied for our kid’s Permanent Residency. As we haven’t received any AOR, we applied for his visitor visa with all the proofs so that my wife and kid can travel to Canada. After 4.5 months of waiting, my kid’s visitor visa application was rejected.
I don’t know what to do now. Please guide us.
Thank you in advance.

Isn’t your kid Canadian and therefore needs Canadian passport? If child is a citizen then child isn’t eligible for a TRV nor PR.

 

[viharviradia]

There is not much to do really. This is a very common reason for rejection unfortunately as for the officer giving the visitor visa they need to ensure that the person will leave Canada at end of their visit. Now given that you are Canadian and wife is PR that looks unlikely that your kid will leave Canada at end of the visit. Now, logically they should see that it is a young kid and differentiate it with an adult but unfortunately doesn't work that way.

If your wife was a non PR you could have shown her home ties to make application of your kid stronger but that is not possible in this case.

What is the reason given for rejection in the application?

Your best bet is to apply for PR.

Thank you for your reply. The reason given was - You will not leave Canada.
We have already applied for his PR. But it takes a long time. My wife’s Citizen Oath is in Nov 2022 and she needs to travel back to Canada, but unfortunately can’t as my kid is just 7 months old.

 

[viharviradia]

Isn’t your kid Canadian and therefore needs Canadian passport? If child is a citizen then child isn’t eligible for a TRV nor PR.

At the time my kid was born, my wife and I were both PR. I became citizen right after 3 weeks of my kid being born. My wife too got the citizenship oath, but she keeps delayingit due to kid not getting visa.

 

[steaky]

Thank you for your reply. The reason given was - You will not leave Canada.
We have already applied for his PR. But it takes a long time. My wife’s Citizen Oath is in Nov 2022 and she needs to travel back to Canada, but unfortunately can’t as my kid is just 7 months old.

You suppose to apply for his PR when you return to Canada. Otherwise, it could be refused. I will apply for his TRP due to TRV was refused.

 

[canuck78]

How long have you each been out of India? How long have you been in Canada? Does your wife meet her RO for PR? Are you currently employed in Canada? When did you apply for PR for your child? Did you include proof of the sponsorship in the TRV application?

 

[PMM]

Hi

Hello Advisors,

I need your advise and feedback. Please help me. I’m a Canadian and My wife is a Permanent Resident. Our kid was born in India. My wife and our kid is in India currently. I’m in Canada. We have applied for our kid’s Permanent Residency. As we haven’t received any AOR, we applied for his visitor visa with all the proofs so that my wife and kid can travel to Canada. After 4.5 months of waiting, my kid’s visitor visa application was rejected.
I don’t know what to do now. Please guide us.
Thank you in advance.

1. If you were a Canadian citizen at the time of child's birth, then the child is a Canadian citizen and won't be issued a TRV.
2. You have to apply for proof of citizenship and a Canadian passport for the child.

 

[Naturgrl]

Hi



1. If you were a Canadian citizen at the time of child's birth, then the child is a Canadian citizen and won't be issued a TRV.
2. You have to apply for proof of citizenship and a Canadian passport for the child.

OP got citizenship 3 weeks after the child’s birth, so OP wasn’t a citizen at time of birth. OP - you can try for TRP with TRV refusal.

 

[Zain2011]

OP got citizenship 3 weeks after the child’s birth, so OP wasn’t a citizen at time of birth. OP - you can try for TRP with TRV refusal.

I am not 100% sure but Harper government made changes when they were in power 'children born outside to Canadian citizens(acquired) cannot pass on citizenship rights to their kids born outside Canada, pls double check. Good luck with your future applications.

 

[PMM]

Hi

I am not 100% sure but Harper government made changes when they were in power 'children born outside to Canadian citizens(acquired) cannot pass on citizenship rights to their kids born outside Canada, pls double check. Good luck with your future applications.

1. Actually the law is that you can pass citizenship to the first generation born abroad.

 

[canuck78]

Hi



1. Actually the law is that you can pass citizenship to the first generation born abroad.

Yes you’re right but they have to get citizenship before their child was born.

 

[Naturgrl]

OP needs to apply for TRP for the child since visa was refused as child is NOT a Canadian citizen. If that is refused, then OP will have to wait for outland sponsorship of child.

 

[canuck78]

OP got citizenship 3 weeks after the child’s birth, so OP wasn’t a citizen at time of birth. OP - you can try for TRP with TRV refusal.

Applying for a TRP or reapplying for a TRV are both options. Would be good to know if the parents are planning on moving back to CAnada for good. If there is no proof that they plan on moving permanently that could be a factor in approval so could not meeting RO. Not mentioning the sponsorship from Canada has started may have also impacted approval.

 

[Naturgrl]

Applying for a TRP or reapplying for a TRV are both options. Would be good to know if the parents are planning on moving back to CAnada for good. If there is no proof that they plan on moving permanently that could be a factor in approval so could not meeting RO. Not mentioning the sponsorship from Canada has started may have also impacted approval.

First post says that TRV was rejected. Father is in Canada and mother wants to return for citizenship oath in November.