TRV rejection after delivering baby
- Thread starter Maya111
- Start date
Hi
Yes, you can most certainly be rejected for a TRV. If you are, then you need to work on the refusal reasons to strengthen your next application.
Having a Canadian child will not help you to stay in the country. It will allow the child to move to Canada at 18 and they may be able to sponsor you when they meet the income requirements for 3 or 1 years depending on whether the PGP program is still in place. Also you must have the funds to pay for the birth.
Hello,
Thanks for your reply! Do you think i might be granted another TRV if I reapply? What are my chances?
Hello,
Thanks for your reply! I dont want to stay in Canada. I only want to visit again because my family lives there. But my TRV was rejected!
I would say it will be assumed that you are trying to have another baby in Canada for the foreseeable future. Unless you had you baby much earlier than expected and can prove it there may be an exception. I would also include all paid hospital expenses in your application if that is the case.
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rish888
Guest
Technically, there is nothing prohibiting in immigration legislation prohibiting a person from travelling to Canada for the purposes to give birth as long as they have enough money to cover their medical expenses and will leave soon after giving birth.
The most important thing is that the intent to give birth is mentioned on the visitor visa application to stay on the right side of the rules.
Practically however, visa officers can deny a visa if they want, and I'm sure most are not big fan of birth tourism. If you want to apply for a TRV again after giving birth in Canada and have the necessary financial resources and have strong ties to your home country, your visa should theoretically be approved. Keep in mind however that the officer reviewing your application can always deny it. The denial may not be technically correct, but as a foreign national you have virtually no recourse to challenge a denial, even if the denial was not made in good faith.The only thing you can do is apply again.
The most important thing is that the intent to give birth is mentioned on the visitor visa application to stay on the right side of the rules.
Practically however, visa officers can deny a visa if they want, and I'm sure most are not big fan of birth tourism. If you want to apply for a TRV again after giving birth in Canada and have the necessary financial resources and have strong ties to your home country, your visa should theoretically be approved. Keep in mind however that the officer reviewing your application can always deny it. The denial may not be technically correct, but as a foreign national you have virtually no recourse to challenge a denial, even if the denial was not made in good faith.The only thing you can do is apply again.
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rish888
Guest
Reading further it seems that you already gave birth in Canada and applied for a visa which was denied, so here is some more case specific info:
Here is the government's official policy on birth tourism:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/persons-wishing-enter-canada-purpose-giving-birth.html
One particular quote from the last few lines:
"Therefore, in some cases the intentional concealment of intent to give birth in Canada may lead to an examination of admissibility under A40."
I'm guessing when applying for your visa you didn't declare your intention was to give birth. Thus you technically committed misrepresentation so you chance of getting a visa in the future is low, not because you have a Canadian born child but because you weren't truthful on a previous visa application.
Since you gave birth in Canada, I think you will need to wait a year or two before you apply for a TRV and have your family visit you in the mean time. During that time, you should focus on building stronger ties to your home country. As mentioned above, the fact you gave birth in Canada while here on a TRV makes CIC suspect you have plans on remaining in Canada long term and is viewed as a misuse of the visitor visa privileges. You can expect it will be much harder to obtain TRVs going forward.