Embassy in Shanghai won't return passport

[tabletoptim]

Hi,

I am posting on behalf of my girlfriend who is currently stuck in immigration hell at the consulate in Shanghai. She recently applied for a visitors visa to come to Canada over the Christmas period. After 4 weeks of not hearing anything she received a letter saying she was required to provide a ten year history, however at this stage her flight had already departed and she was no longer intending to visit Canada. She filed a withdrawal application under the reason that the date of travel has passed. This was two weeks ago, the application has not been approved, and the embassy has gone radio silent for the past week. My girlfriend is not a Chinese national and her visa is set to expire at the end of the month. Obviously this is a great cause of concern for her and I. Has anyone had a similar experience, or can recommend any action her or I can take in this situation? Does anyone know if there is any legal precedent for a embassy withholding someones passport?

Thanks for any relevant information.

 

[Bryanna]

Hi,

I am posting on behalf of my girlfriend who is currently stuck in immigration hell at the consulate in Shanghai. She recently applied for a visitors visa to come to Canada over the Christmas period. After 4 weeks of not hearing anything she received a letter saying she was required to provide a ten year history, however at this stage her flight had already departed and she was no longer intending to visit Canada. She filed a withdrawal application under the reason that the date of travel has passed. This was two weeks ago, the application has not been approved, and the embassy has gone radio silent for the past week. My girlfriend is not a Chinese national and her visa is set to expire at the end of the month. Obviously this is a great cause of concern for her and I. Has anyone had a similar experience, or can recommend any action her or I can take in this situation? Does anyone know if there is any legal precedent for a embassy withholding someones passport?

Thanks for any relevant information.

Hi,

It is a bit unusual for the visa office to request your girlfriend's travel history for the past 10 years.

The visa office has her passport which obviously has entry stamps to other countries + visas. IMO, IRCC is possibly investigating:
1. Whether or not she has visited high-risk countries. If yes, for how long.

2. Whether or not she has overstayed in any country

3. Whether or not she has declared visa refusals/entry refusals to any country


Although she has requested for her TRV application to be withdrawn, it won't be possible because processing has already started + only the visa office can allow an applicant to withdraw his/her application even if requested.

IRCC will return her passport only after a decision is made (Read: After she submits the 10-year travel history or the 30 days time limit to submit this document passes). The detailed travel history should include visa details + entry/exit dates + purpose of each visit

Following that, IRCC will either grant or refuse her TRV even though the dates of her intended visit have passed.

If she does not provide this information her application would be refused/file would be closed. However, any future visa applications to Canada could likely to go through greater scrutiny


Cheers

 

[tabletoptim]

Hi Bryanna thanks so much for your reply,

The request was for personal history, not travel history. To cite "personal history (including employment, education, and all other activities). Should she be prepared to give a travel history too?

Is there anything she can do to expedite the process? Obviously the main concern is she will be breaking the law over staying her visa and has no passport with which to leave. What I'm trying to get at is are they able to hold her passport beyond the expiration of her Chinese visa?

When you say 30 days before her application is automatically rejected, is that actual time or working days?

 

[Bryanna]

The request was for personal history, not travel history. To cite "personal history (including employment, education, and all other activities). Should she be prepared to give a travel history too?

It seems the visa office is requesting these details because she did not complete her TRV application for these sections/possibly omitted some details.

Based on IRCC's request, her current application form is incomplete and that would explain why processing has been delayed.

She can submit a Travel History explanation (although not asked for) to improve her chances of approval especially if she has traveled/short visits to visa-required countries like the US/UK/Schengen/Australia/NZ.

Is there anything she can do to expedite the process?

Nothing else but to send the information that IRCC has requested.

Obviously the main concern is she will be breaking the law over staying her visa and has no passport with which to leave. What I'm trying to get at is are they able to hold her passport beyond the expiration of her Chinese visa?

Quite honestly, the visa office has not been withholding her passport. As I see it, the incomplete application form + the delay on the part of your girlfriend in sending the requested information to IRCC + further complicating/delaying the situation by requesting her application to be cancelled.... makes it seem like IRCC has retained her passport, but that's not the case.

BTW even if an applicant requests for the TRV app to be cancelled, the decision would be taken by the visa office + this cancellation process could take up to 8 weeks.

Like I had mentioned earlier, if she does not submit this information, her file will be closed and the TRV will be refused..... and her passport will be returned to the VAC.

When you say 30 days before her application is automatically rejected, is that actual time or working days?

Her application won't be automatically refused. She has 30 days from the date of the IRCC request to submit this information. The final decision from IRCC would take longer.


I recommend you do this:
1. Your girlfriend must send the requested information ASAP..... unless she wants a TRV refusal which can be avoided, and

2. Send an email + CSE/IRCC web form to the visa office requesting for the passport to be returned because her Chinese visa will be expiring shortly + she must leave China by XX date. Include copies of the Chinese visa + flight bookings in this communication.

She must clearly state that she will return her passport whenever IRCC requests for it. Just for info, she can submit her passport in any another country. She does not have to return to China to submit her passport there