Advice: TRV refusal - Mom Got Approved Brother Refused

[SandoxG]

Hello everyone,
I hope you're all doing well.

I'm a Canadian permanent resident since August, and I'm in need of some advice. Due to COVID-19, I lost my father 2.5 years ago, and it's been nearly 5 years since I've seen my family. I have my engagement ceremony planned for July.

I applied for TRV for my mother and brother to attend the ceremony and spend time together. My mother's application was approved, but my brother's was denied. I prepared all the application documents myself. I added most of the documents (financial, invitation letter, etc.) to the section reserved for my mother. For my brother, I only uploaded a letter of intent, a student certificate(confirmation of student from university), and forms 5257, 5257b, and 5645e. I could get and include his medical report to show he has to take medical treatment every 3 months. I could not find anything to show for him other than his student certificate.

My brother, who recently turned 19, is a first-year university student and resides with my elderly mother. He receives specialized medical treatment every three months at a hospital; however, I didn't include this documentation in the application, fearing it might be excessive. As my mother doesn't speak English, she is unable to travel alone, making it essential for my brother to accompany her.

The refusal letter contained the following points:

• I am not satisfied that you will leave Canada at the end of your stay as required by
paragraph 179(b) of the IRPR (laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-179.html).

I am refusing your application because you have not established that you will leave Canada, based on the following factors:
• You have significant family ties in Canada.
• You do not have significant family ties outside Canada.
• The purpose of your visit to Canada is not consistent with a temporary stay given the
details you have provided in your application.

Considering this situation, what can I do for my brother? Should I request the GCMS details? Do I need to reapply? Is there an option to appeal? If you recommend reapplying, how can I strengthen his second application? I have thought about it so much, yet I haven't found any suitable reasons for him to strengthen his family ties. He is a 19-year-old student and only has his mother.

Any advice would be greatly appreciated. Thank you in advance for your help!

 

[BA101]

Hello everyone,
I hope you're all doing well.

I'm a Canadian permanent resident since August, and I'm in need of some advice. Due to COVID-19, I lost my father 2.5 years ago, and it's been nearly 5 years since I've seen my family. I have my engagement ceremony planned for July.

I applied for TRV for my mother and brother to attend the ceremony and spend time together. My mother's application was approved, but my brother's was denied. I prepared all the application documents myself. I added most of the documents (financial, invitation letter, etc.) to the section reserved for my mother. For my brother, I only uploaded a letter of intent, a student certificate(confirmation of student from university), and forms 5257, 5257b, and 5645e. I could get and include his medical report to show he has to take medical treatment every 3 months. I could not find anything to show for him other than his student certificate.

My brother, who recently turned 19, is a first-year university student and resides with my elderly mother. He receives specialized medical treatment every three months at a hospital; however, I didn't include this documentation in the application, fearing it might be excessive. As my mother doesn't speak English, she is unable to travel alone, making it essential for my brother to accompany her.

The refusal letter contained the following points:

• I am not satisfied that you will leave Canada at the end of your stay as required by
paragraph 179(b) of the IRPR (laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-179.html).
I am refusing your application because you have not established that you will leave Canada, based on the following factors:
• You have significant family ties in Canada.
• You do not have significant family ties outside Canada.
• The purpose of your visit to Canada is not consistent with a temporary stay given the
details you have provided in your application.

Considering this situation, what can I do for my brother? Should I request the GCMS details? Do I need to reapply? Is there an option to appeal? If you recommend reapplying, how can I strengthen the application?

Any advice would be greatly appreciated. Thank you in advance for your help!

Did your brother show his own funds and justify his purpose of visit and show how it would be temporary? Did you elaborate home ties with school?

As for his health condition, did he undergo IRCC Panel Medical exam ?

 

[SandoxG]

Did your brother show his own funds and justify his purpose of visit and show how it would be temporary? Did you elaborate home ties with school?

As for his health condition, did he undergo IRCC Panel Medical exam ?

As for his health condition, did he undergo IRCC Panel Medical exam ? > No, why? I don't think so medical exam needs for TRV application.

He is 19-year-old university 1st class student. He did not show any funds/documents. There was no financial support section for him on application portal. I uploaded all documents under my mom's section.

The trip dates are from June 20th to September 30th. I mentioned in my invitation letter and their intent letter, they will be attending my engagement ceremony and they will return before September 30th.

Here is the part of my letter:

"I am writing this letter to request formal permission for my mother, x, and brother, y, to visit Canada from June 20, 2023 to September 30, 2023. The main purpose of their visit is to attend my engagement ceremony on July 16, 2023, and spend quality time together, as we have not been able to see each other for an extended period. I am eager to show them the beautiful sights and attractions in Canada and to share my experiences living and working here.

I am employed in Toronto as an Marketing Director at xx company which will allow me to be responsible for all of my mother and brother’s financial expenses, including their round-trip airfare, accommodation, health insurance, and daily expenses during their stay. My family members will be staying at my residence. My condominium also has an additional guest suite. This will provide them with a comfortable and secure environment during their visit.

My mother and brother have sufficient funds in their bank accounts to cover any additional expenses during their stay. I guarantee that they will comply with all the rules and regulations of Canada and will return to their country on or before September 30, 2023, as stated in their visa application.

I would like to emphasize the importance of this visit for our family, especially given the challenging circumstances we have faced in recent years. After the loss of my father, the global pandemic, and the recent devastating earthquake in Turkey, we are in dire need of emotional support and the opportunity to strengthen our family bonds. This visit would provide an invaluable opportunity for us to heal and reconnect during these difficult times. I kindly request that you take these factors into consideration when evaluating my mother's and brother's visa applications, as their presence would have a profound impact on our family's well-being."

Here is part of Mom's letter:

"I am writing this letter to support my visa application for my younger son and me to travel to Canada from June 20th to September 30th, 2023. Our main purposes for travel are to attend my eldest son's engagement ceremony on July 16th, 2023, and to spend quality time with my sons and meet my future daughter-in-law in person after a long period of separation.

As for our financial situation, my son, who resides in Canada, has kindly agreed to cover our expenses during our visit, as stated in his invitation letter. Additionally, I receive my deceased wife's pension, have rental income from a jointly owned property, and have savings of approximately CAD$25,300. I am willing to utilize these funds to support our visit.

In light of this, I kindly request that you grant a visa for my younger son and me, enabling us to attend my eldest son's engagement ceremony and spend valuable time with our family in Canada."

Here is the part of my brother's letter:

"I am writing this letter to provide further explanation and support for the visa application that
my mother and I have submitted.
The primary purpose of our visit to Canada is to attend my brother's engagement ceremony and to
spend some quality time together as a family, as we have been apart for an extended period. We plan to
make the most of this opportunity to reconnect and celebrate this joyous occasion together.
It is important to note that my mother is older and has limited English language skills. As such, it is
essential for me to accompany her on this trip to ensure her comfort and to provide assistance when
necessary.
I do not want to leave my brother alone on this special day, and I wish to offer my love and support
during this momentous event in his life. Furthermore, I am excited for the opportunity to spend my
summer vacation in Canada with my family, exploring new places and experiencing different cultures.
Our visa application demonstrates our genuine intentions to visit Canada temporarily and to return to
Turkey once our family visit has concluded.
In light of the above, I respectfully request that you grant a visa for both my mother and me, enabling us
to attend my brother's engagement ceremony and spend valuable time with our family in Canada. If you
have any questions or require additional information, please do not hesitate to contact me."

 

[scylla]

As for his health condition, did he undergo IRCC Panel Medical exam ? > No, why? I don't think so medical exam needs for TRV application.

He is 19-year-old university 1st class student. He did not show any funds/documents. There was no financial support section for him on application portal. I uploaded all documents under my mom's section.

The trip dates are from June 20th to September 30th. I mentioned in my invitation letter and their intent letter, they will be attending my engagement ceremony and they will return before September 30th.

Here is the part of my letter:

"I am writing this letter to request formal permission for my mother, x, and brother, y, to visit Canada from June 20, 2023 to September 30, 2023. The main purpose of their visit is to attend my engagement ceremony on July 16, 2023, and spend quality time together, as we have not been able to see each other for an extended period. I am eager to show them the beautiful sights and attractions in Canada and to share my experiences living and working here.

I am employed in Toronto as an Marketing Director at xx company which will allow me to be responsible for all of my mother and brother’s financial expenses, including their round-trip airfare, accommodation, health insurance, and daily expenses during their stay. My family members will be staying at my residence. My condominium also has an additional guest suite. This will provide them with a comfortable and secure environment during their visit.

My mother and brother have sufficient funds in their bank accounts to cover any additional expenses during their stay. I guarantee that they will comply with all the rules and regulations of Canada and will return to their country on or before September 30, 2023, as stated in their visa application.

I would like to emphasize the importance of this visit for our family, especially given the challenging circumstances we have faced in recent years. After the loss of my father, the global pandemic, and the recent devastating earthquake in Turkey, we are in dire need of emotional support and the opportunity to strengthen our family bonds. This visit would provide an invaluable opportunity for us to heal and reconnect during these difficult times. I kindly request that you take these factors into consideration when evaluating my mother's and brother's visa applications, as their presence would have a profound impact on our family's well-being."

Here is part of Mom's letter:

"I am writing this letter to support my visa application for my younger son and me to travel to Canada from June 20th to September 30th, 2023. Our main purposes for travel are to attend my eldest son's engagement ceremony on July 16th, 2023, and to spend quality time with my sons and meet my future daughter-in-law in person after a long period of separation.

As for our financial situation, my son, who resides in Canada, has kindly agreed to cover our expenses during our visit, as stated in his invitation letter. Additionally, I receive my deceased wife's pension, have rental income from a jointly owned property, and have savings of approximately CAD$25,300. I am willing to utilize these funds to support our visit.

In light of this, I kindly request that you grant a visa for my younger son and me, enabling us to attend my eldest son's engagement ceremony and spend valuable time with our family in Canada."

Here is the part of my brother's letter:

"I am writing this letter to provide further explanation and support for the visa application that
my mother and I have submitted.
The primary purpose of our visit to Canada is to attend my brother's engagement ceremony and to
spend some quality time together as a family, as we have been apart for an extended period. We plan to
make the most of this opportunity to reconnect and celebrate this joyous occasion together.
It is important to note that my mother is older and has limited English language skills. As such, it is
essential for me to accompany her on this trip to ensure her comfort and to provide assistance when
necessary.
I do not want to leave my brother alone on this special day, and I wish to offer my love and support
during this momentous event in his life. Furthermore, I am excited for the opportunity to spend my
summer vacation in Canada with my family, exploring new places and experiencing different cultures.
Our visa application demonstrates our genuine intentions to visit Canada temporarily and to return to
Turkey once our family visit has concluded.
In light of the above, I respectfully request that you grant a visa for both my mother and me, enabling us
to attend my brother's engagement ceremony and spend valuable time with our family in Canada. If you
have any questions or require additional information, please do not hesitate to contact me."

The trip you requested is too long. Reapply and request a 2-3 week trip.

 

[SandoxG]

The trip you requested is too long. Reapply and request a 2-3 week trip.

Should I re-apply with same documents/profile?

 

[scylla]

Should I re-apply with same documents/profile?

No, strengthen the application if at all possible with evidence that shows his ties to his home country. It looks like you obtained PR through a refugee claim. If so, your brother is going to have his work cut out for him to be approved.

In addition to reapplying, I think you need to consider what your "plan b" is in the event your brother gets another refusal and your mother must travel with him.

Good luck!

 

[canuck78]

You actually got quite lucky that your mother was approved for aTRV for quite a long visit soon after you claimed asylum while declaring that she is a widow, that you would cover all her expenses and you mentioning the earthquake. Normally the visitor needs to show they have the ability to pay for their own travels and a long visit isn’t recommended. Young adults often struggle to get approved for TRVs because they have minimal ties to their home country and don’t have their own funds but the fact that you claimed asylum and your father passed would create additional concerns that your family will not return to Turkey. Agree the length of stay was much too long especially if the goal was to attend your engagement party in July.

TRV can require a medical. Airports are equipped to deal with travellers who may not know English or French so that shouldn’t be an issue.

 

[SandoxG]

You actually got quite lucky that your mother was approved for aTRV for quite a long visit soon after you claimed asylum while declaring that she is a widow, that you would cover all her expenses and you mentioning the earthquake. Normally the visitor needs to show they have the ability to pay for their own travels and a long visit isn’t recommended. Young adults often struggle to get approved for TRVs because they have minimal ties to their home country and don’t have their own funds but the fact that you claimed asylum and your father passed would create additional concerns that your family will not return to Turkey. Agree the length of stay was much too long especially if the goal was to attend your engagement party in July.

TRV can require a medical. Airports are equipped to deal with travellers who may not know English or French so that shouldn’t be an issue.

Thank you so much for reply.

What do you recommend at this point? What should I do? I desperately want my brother to come and see me after the engagement.

 

[scylla]

Thank you so much for reply.

What do you recommend at this point? What should I do? I desperately want my brother to come and see me after the engagement.

My two cents:

- You need to come to terms with the fact that it may simply be impossible to get a TRV approved for your brother. You should certainly try but it may not happen. The factors working against him are significant and include his age, lack of ties, and your refugee claim.
- Order the GCMS notes to see the full details of the refusal reasons. This will help you to put together a stronger application when you reapply.
- Don't reapply until you have the GCMS notes and can put together a stronger application with better evidence of ties.
- Consider what you can provide to strengthen your brother's application and his ties to his home country. My suggestions are to reduce the trip to 2-3 weeks and to also provide evidence that your brother had paid his tuition fees for the upcoming school term. I'm not sure about the medical stuff. On the one hand it could look like a tied, on the other hand it may create more concerns about the true purpose of his visit to Canada.

 

[canuck78]

Thank you so much for reply.

What do you recommend at this point? What should I do? I desperately want my brother to come and see me after the engagement.

All you can do is try. The next option would be to meet in a 3rd country