Dependent Visa Refusal.

[TCS2024]

Can someone please assist me regarding my work permit application? When filling out the Family Information Form, I mistakenly marked "NO" where it asked if any family members would be accompanying me to Canada. However, a few weeks after submitting my application, I decided to bring my son as well. We then applied for his study permit, but it was rejected. In the refusal letter, it was stated that "The Purpose of Your Visit to Canada is not consistent with a temporary stay given the details provided."

Upon reviewing the application, we realized that the rejection may be due to the fact that we indicated "NO" on the Family Information Form. My son is only 5 years old and cannot stay without me.

Could you please advise on the best course of action to bring my son to Canada? Any guidance or suggestions would be greatly appreciated.

Thank you all.

 

[Naturgrl]

When does work permit expire? Type of work permit and NOC? How much did you show in funds? Are you single and if so do you have full custody? Why did you decide to “bring your son as well” after you applied because should have applied at the same time? You say he cannot stay without you but applied without him.

Study permits are not guaranteed for family members so you need to show strong ties to return and funds. Who will care for the child while you work (before and after school)? Have you budgeted for it? Do you have confirmed space because waiting times can be very long?

 

[TCS2024]

Thank you for your response. please find below answers

A -

* When does work permit expire? - After 3 Years
* Type of work permit and NOC? - Closed / Bonded Work Permit
* How much did you show in funds? - CAD 10k in the application, however had 50k in the bank account
* Are you single and if so do you have full custody? Married and husband work and lives in Middle East with my son. and he has a stable job ( Completing his 10th year in the company )
* Why did you decide to “bring your son as well” after you applied because should have applied at the same time? You say he cannot stay without you but applied without him. - While waiting for the visa, my son initially showed his dislike of me leaving without him. Over time, he began to understand the situation and became emotional, so we decided to take him as well.

B -

* Study permits are not guaranteed for family members so you need to show strong ties to return and funds. - Please advice if the home ties to my home country or to the country where i applied.
* Who will care for the child while you work (before and after school)? Have you budgeted for it? - Yes we have budgeted and my husband is supporting , Also the daycare is conveniently located near my workplace. I can register my child and provide a letter from them.
* Do you have confirmed space because waiting times can be very long? - I have rented a 2 bedroom apartment and bought a car, i can provide a proof.

Thank you so much; I truly appreciate your time.

 

[Buletruck]

"Do you have confirmed space because waiting times can be very long? - I have rented a 2 bedroom "

in the daycare.....not your residence....

 

[Naturgrl]

Order GCMS notes. If your child doesn’t have PR where applied from then show ties to return to country of citizenship in 3 years. Show that you have your guaranteed daycare spot. Child will be going to school so assume daycare near your work is in the same catchment where you live as that is where child goes to school. Your child goes to school in where your apartment is not where you work. Waiting times can be years so you are so lucky to have a spot.

So husband is not coming with you so he can care for son. Your permit may have been approved because you have family ties to return to.

What is the NOC and what is a bonded work permit?

 

[TCS2024]

"Do you have confirmed space because waiting times can be very long? - I have rented a 2 bedroom "

in the daycare.....not your residence....

Hi Yes. we do have confirmation from day care.

 

[TCS2024]

Order GCMS notes. If your child doesn’t have PR where applied from then show ties to return to country of citizenship in 3 years. Show that you have your guaranteed daycare spot. Child will be going to school so assume daycare near your work is in the same catchment where you live as that is where child goes to school. Your child goes to school in where your apartment is not where you work. Waiting times can be years so you are so lucky to have a spot.

So husband is not coming with you so he can care for son. Your permit may have been approved because you have family ties to return to.

What is the NOC and what is a bonded work permit?

We own bare land as well as land with business premises. Other than that, my husband and I have been living overseas for more than 15 years, although our parents and grandparents are still living in my home country. Also, I have a bonded WP and NOC is 13100

Given this, what kind of family ties should we show in our application? and what type information i should provide during my resubmission, ?

Thank you once again for your time and detailed response.

 

[Naturgrl]

We own bare land as well as land with business premises. Other than that, my husband and I have been living overseas for more than 15 years, although our parents and grandparents are still living in my home country. Also, I have a bonded WP and NOC is 13100

Given this, what kind of family ties should we show in our application? and what type information i should provide during my resubmission, ?

Thank you once again for your time and detailed response.

Order GCMS notes. Parents/grandparents are not a tie to return. You have been out of the country for 15 years so what is the child’s ties to return to a) current residence or b) country of citizenship.

So your guaranteed daycare spot is in the same catchment as the school your child will be attending? So daycare gets your child to school or school bus picks child up.

 

[TCS2024]

Order GCMS notes. Parents/grandparents are not a tie to return. You have been out of the country for 15 years so what is the child’s ties to return to a) current residence or b) country of citizenship.

So your guaranteed daycare spot is in the same catchment as the school your child will be attending? So daycare gets your child to school or school bus picks child up.

I work at an institute for children and a daycare, which is located near the school. The daycare offers a mini-bus service to transport the children. My plan is that, while I’m here, my son will stay with me since his father does not want to move to Canada.

You’ve provided some excellent points. Is there any way I can contact you by phone or message? Could I please have your contact details?

 

[Naturgrl]

I work at an institute for children and a daycare, which is located near the school. The daycare offers a mini-bus service to transport the children. My plan is that, while I’m here, my son will stay with me since his father does not want to move to Canada.

You’ve provided some excellent points. Is there any way I can contact you by phone or message? Could I please have your contact details?

I am not a licensed professional so will not give you personal information. If you want professional advice then hire a lawyer or immigration consultant.

 

[TCS2024]

I am not a licensed professional so will not give you personal information. If you want professional advice then hire a lawyer or immigration consultant.

Thank you for clarifying, and I apologize for misunderstanding. I didn’t mean to ask for personal information. I truly appreciate the valuable points you’ve shared, as they make a lot of sense and have been very helpful.

Based on the points I've shared, do you think it’s feasible to reapply? Or is there any other way to get it done, as i really need my son to stay with me until i go back.

Thanks again for your time.

 

[TCS2024]

Thank you for clarifying, and I apologize for misunderstanding. I didn’t mean to ask for personal information. I truly appreciate the valuable points you’ve shared, as they make a lot of sense and have been very helpful.

Based on the points I've shared, do you think it’s feasible to reapply? Or is there any other way to get it done, as i really need my son to stay with me until i go back.

Thanks again for your time.

I have actually applied through a consultant, however we missed these points what you highlighted. So I was hoping if we can find a lawyer who has more knowledge on this scenario.

 

[forevermore76]

We own bare land as well as land with business premises. Other than that, my husband and I have been living overseas for more than 15 years, although our parents and grandparents are still living in my home country. Also, I have a bonded WP and NOC is 13100

Given this, what kind of family ties should we show in our application? and what type information i should provide during my resubmission, ?

Thank you once again for your time and detailed response.

The fact you haven't lived in your country of citizenship makes it more difficult. Probably the chances were better for kid getting approved in the initial application. Imo, it's a 50/50 when you apply. Maybe include a letter explaining your situation in the application.

Also, there's no such thing as "bonded" work permit, IRCC issues closed work permit tied to an employer. The reasonable notice law allows you to terminate your relationship with employer whenever you please by providing a reasonable notice period. You can find a different employer and go through the work permit process again then. In fact, Canada has rules against bonded work, so an employer can't force you to work for them for any pre-determined duration or make you sign anything which can be legally binding to that effect. If you are on contract, it's different as you may be obligated to fulfill certain conditions.

 

[TCS2024]

Thank you for your response!

Is it permitted in this forum to ask for recommendations for an immigration lawyer who can help with this case? I'm so worried, as the situation has to come to stage to leave my work opportunity in Canada to return back to Middle East. This would result in a loss of many years of effort and financial loss too. It's heartbreaking but I’m struggling to continue being apart from my child.

Also if you could please advice, should we apply for a reconsideration (with a webform to reopen the refusal), reapply a study permit after receiving the case notes or apply for a visitor visa?

Thank you.

 

[Naturgrl]

Thank you for your response!

Is it permitted in this forum to ask for recommendations for an immigration lawyer who can help with this case? I'm so worried, as the situation has to come to stage to leave my work opportunity in Canada to return back to Middle East. This would result in a loss of many years of effort and financial loss too. It's heartbreaking but I’m struggling to continue being apart from my child.

Also if you could please advice, should we apply for a reconsideration (with a webform to reopen the refusal), reapply a study permit after receiving the case notes or apply for a visitor visa?

Thank you.

Reconsideration is if there is an error in law, not submitting new documentation. If you believe that you showed proof of return for country of citizenship then do so. I don’t see an error in law but that is my opinion. You have lived in country of citizenship in a long time. What is child’s status to return to the middle east in a couple of years? Is spouse remaining there? Again you may have been approved because spouse and child were not coming. So now you need definite proof that child will return. Properties and grandparents are not ties. Spouse working and living in country of citizenship is a tie to return.

Cannot recommend a lawyer but the moderators are Cohen Immigration so click at the top of this page.