Visit Visa Rejected

[bilaleagle]

Good morning, I applied for my sister in law visa and was rejected and the following reasons were given. I am able to find the information on the act they provided, also, how can I response to this letter when reapply for visa? can someone help me please

This includes assessing whether you are coming to Canada temporarily for the reason(s) you describe in your application. I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) (https://laws-lois.justice.gc.ca/eng/acts/I-2.5/index.html) and Immigration and Refugee Protection Regulations (IRPR) (https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/index.html). I am refusing your application.

• I am not satisfied that you will leave Canada at the end of your stay as required by paragraph 179(b) of the IRPR (https://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:
• The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided in your application.

 

[Naturgrl]

Good morning, I applied for my sister in law visa and was rejected and the following reasons were given. I am able to find the information on the act they provided, also, how can I response to this letter when reapply for visa? can someone help me please

This includes assessing whether you are coming to Canada temporarily for the reason(s) you describe in your application. I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) (https://laws-lois.justice.gc.ca/eng/acts/I-2.5/index.html) and Immigration and Refugee Protection Regulations (IRPR) (https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/index.html). I am refusing your application.

• I am not satisfied that you will leave Canada at the end of your stay as required by paragraph 179(b) of the IRPR (https://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:
• The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided in your application.

Order GCMS notes. How long was stay? What did she show that she would return?

 

[bilaleagle]

Order GCMS notes. How long was stay? What did she show that she would return?

stay was for 3 months to support my wife after delivery.

showed the letter enrolment letter at university. she does not have any property so couldn't show anything else

 

[Naturgrl]

stay was for 3 months to support my wife after delivery.

showed the letter enrolment letter at university. she does not have any property so couldn't show anything else

That is a very long visit for a student. Did she show proof of payment and registration to school, not just enrolment. She is single so she needs absolute proof to return. Enrolment is not enough. Did you say your wife is delivering a baby? If so this can be considered work. How is she supporting your wife? Do you have other children? Seems like she is coming to look after infant and possibly other children if you have them.

Visit should be two weeks with invitation to meet infant. Include itinerary with sightseeing excursions.

 

[bilaleagle]

That is a very long visit for a student. Did she show proof of payment and registration to school, not just enrolment. She is single so she needs absolute proof to return. Enrolment is not enough. Did you say your wife is delivering a baby? If so this can be considered work. How is she supporting your wife? Do you have other children? Seems like she is coming to look after infant and possibly other children if you have them.

Visit should be two weeks with invitation to meet infant. Include itinerary with sightseeing excursions.

Letter was issued from the institute stating that she is a full time student in her 2nd semester. it was to support after baby was born who is 2 months old now. also have 2nd child 19 months old., yes you are right to look after infant until the 1st one start going to daycare. but no seats avail. in day care for almost a year now

I even got a letter from Gynae and letter community that we do not have any family support in rural area.

 

[Naturgrl]

Letter was issued from the institute stating that she is a full time student in her 2nd semester. it was to support after baby was born who is 2 months old now. also have 2nd child 19 months old., yes you are right to look after infant until the 1st one start going to daycare. but no seats avail. in day care for almost a year now

I even got a letter from Gynae and letter community that we do not have any family support in rural area.

She is not coming to visit at all but work. By providing a letter, she showed that she is coming to work illegally. She was rightly refused. You not having daycare and living in a rural area is not a reason for her to visit. Is your wife already back to work because if not, why cannot she look after the children?

Invitation letter is to visit only. She will have difficulty being approved given she is single and you have documented that she is coming in as an illegal worker.

 

[bilaleagle]

She is not coming to visit at all but work. By providing a letter, she showed that she is coming to work illegally. She was rightly refused. You not having daycare and living in a rural area is not a reason for her to visit. Is your wife already back to work because if not, why cannot she look after the children?

Invitation letter is to visit only. She will have difficulty being approved given she is single and you have documented that she is coming in as an illegal worker.

you points make sense. My wife is a newcomer to Canada and having difficult time settling down, the main reason to apply for her sister was to support her in this time, I didn't want wife to get depressed. She is not working and having difficulty in handling both kids.

I wouldn't want visitor to come as illegal worker at all.

so what do you suggest other options? if visa officer things she will be working, is there any way to come to Canada without LMIA? or should I chose a different reason to come to Canada as visitor?

 

[Naturgrl]

you points make sense. My wife is a newcomer to Canada and having difficult time settling down, the main reason to apply for her sister was to support her in this time, I didn't want wife to get depressed. She is not working and having difficulty in handling both kids.

I wouldn't want visitor to come as illegal worker at all.

so what do you suggest other options? if visa officer things she will be working, is there any way to come to Canada without LMIA? or should I chose a different reason to come to Canada as visitor?

Are you in Quebec? If not LMIA is not an option for a caregiver. Order GCMS notes before reapplying. Only option is a visitor visa but she isn’t showing strong ties to return. She needs to visit only. Show that she is registered and has paid for school so that there is a date she must return. Keep visit to 2 weeks and include sightseeing itinerary. Probably not enough because IRCC has access to her past application.

As a mother who raised two kids in a rural area with husband who travels 15-18 days per month, she needs to find the local Early Years Centre, parenting support groups, library programs to meet local mothers and develop a support system. There are many home care daycares that may not have waiting lists so look into that. It was hard and I was on my own for days with a toddler and infant.

 

[bilaleagle]

Are you in Quebec? If not LMIA is not an option for a caregiver. Order GCMS notes before reapplying. Only option is a visitor visa but she isn’t showing strong ties to return. She needs to visit only. Show that she is registered and has paid for school so that there is a date she must return. Keep visit to 2 weeks and include sightseeing itinerary. Probably not enough because IRCC has access to her past application.

As a mother who raised two kids in a rural area with husband who travels 15-18 days per month, she needs to find the local Early Years Centre, parenting support groups, library programs to meet local mothers and develop a support system. There are many home care daycares that may not have waiting lists so look into that. It was hard and I was on my own for days with a toddler and infant.

i am in Ontario. and yes I had ordered GCMS notes already forgot to mention that before.

since she is reapply will have to be extra careful to provide more information and ties.

My wife doesn't have drives license and its has been difficult for me as well to take her around. I will explore these supporting programs as well.

also when applying visit visa there was an option "to work without a permit* do you think that options i should choose? or when to use that option?

 

[scylla]

i am in Ontario. and yes I had ordered GCMS notes already forgot to mention that before.

since she is reapply will have to be extra careful to provide more information and ties.

My wife doesn't have drives license and its has been difficult for me as well to take her around. I will explore these supporting programs as well.

also when applying visit visa there was an option "to work without a permit* do you think that options i should choose? or when to use that option?

She does not qualify to work without a work permit. This option is only available in extremely limited circumstances (eg clergy). She definitely should not indicate this when she applies again.

Have her apply for a shorter trip of 3 weeks and indicate the trip is to visit family/tourism only.

 

[bilaleagle]

Thank you so much both of you for the information and guidance

 

[scylla]

Thank you so much both of you for the information and guidance

Good luck. Please also keep in mind that she may not be approved and you'll want to have a plan for what you will do if that happens. Good luck again.