Sad and frustrated - Help

[crash615]

Long story short - I met a Thai girl in November of 2017. We face time at least 2 times a day and I have visited her 6 times in Thailand. She then applied for a visa for Switzerland and it was granted. She visted her sister and we travelled throughout Europe.

We tried a TRV again after coming back from Europe and it was refused. I think it’s craziness that they have this notion that every person coming to Canada wants to stay !

The third attempt I was more detailed and had my MP also email Bangkok CIC and we just got refusal letter. This time all boxes were checked off? That is strike 3

Some facts : She is self employed with family rubber business, no kids and no assets. Has about $5k in bank and helps raise niece. She was paying for her ticket and incidentals here but was staying with me and I would provide room and meals.

What can I do? Could I bring her here under low income worker? We don’t want to rush into anything permanent just yet - she needs to see Canada first. I will let you know there is a BIG age difference but we are OK with it and should not have a bearing on a TRV.

 

[Buletruck]

First thing, before you send anymore applications, order the GCMS notes. That will give you the details the VO has on her application and you can address them. Unfortunately, she fits the profile of many overstayers, and as such, though not necessarily fair, it’s the way the system operates in order to prevent those who do.
IRCC see this as a relationship most likely and that you will ultimately have her stay while you sponsor her.
How long a visit did you ask for on previous applications? What ties to Thailand did she establish as the reason for her to return?
IMO applying for a LIMA and attempting to bring her on a Work Permit will just add to an already expensive list of refusals and will in fact reinforce IRCCs theory that she is attempting to settle in Canada. They do maintain her application history (nearly indefinitely) and will tie the refused TRV applications and WP applications together. Better to build a stronger application for the TRV.

 

[scylla]

Unfortunately her profile is quite weak. IRCC wants to see that the applicant can support their full trip and stay in Canada (not have someone else pay). 5K in savings is unfortunately quite low. Having no assets and being self-employed doesn't help her case either. If she had property in her name and was employed by a large employer, that would change the situation. I don't think there's any point reapplying until something significant about her profile changes.

How long a trip did she request to Canada?

Bringing her here as a low skilled worker will be very difficult. She will need to secure a job offer from an employer in Canada, that employer will need to obtain an approved LMIA and then she will need to apply for a closed work permit. It's generally very difficult to find employers willing to go through the LMIA process.

 

[crash615]

To answer your questions :

3 weeks

I realize ties are not easy to establish and are very subjective. Her mom and dad are older and she manages the rubber business but it’s all cash and no proof. She is raising her niece while her sister works. I would like to know how to order notes and is there anything we can do to insure a positive 4th attempt even if I get legal representation?

 

[crash615]

Unfortunately her profile is quite weak. IRCC wants to see that the applicant can support their full trip and stay in Canada (not have someone else pay). 5K in savings is unfortunately quite low. Having no assets and being self-employed doesn't help her case either. If she had property in her name and was employed by a large employer, that would change the situation. I don't think there's any point reapplying until something significant about her profile changes.

How long a trip did she request to Canada?

Bringing her here as a low skilled worker will be very difficult. She will need to secure a job offer from an employer in Canada, that employer will need to obtain an approved LMIA and then she will need to apply for a closed work permit. It's generally very difficult to find employers willing to go through the LMIA process.

 

[crash615]

The trip was 3 weeks and since I was paying for lodging and food I would expect that she sufficient funds.

I was going to bring her here to work for me- I do need someone and it would be a benefit for me to have a Thai speaking receptionist since I am in sales and she could help with that market.

It a sad they group all Asian’s together- not too many Thai dying to come to Canada and I bet fewer over stay their Visa.

 

[scylla]

The trip was 3 weeks and since I was paying for lodging and food I would expect that she sufficient funds.

I was going to bring her here to work for me- I do need someone and it would be a benefit for me to have a Thai speaking receptionist since I am in sales and she could help with that market.

It a sad they group all Asian’s together- not too many Thai dying to come to Canada and I bet fewer over stay their Visa.

Sorry if I wasn't clear - IRCC wants to see that the applicant has sufficient funds (meaning that the applicant has enough funds in their own money).

If you were bringing her here to work for you, then IRCC guessed right that she wasn't a genuine tourist but had plans to remain here long term.

You can still pursue the work permit route, but you'll need to obtain an approved LMIA before she can apply for a closed work permit. LMIAs are quite difficult to obtain. You'll need to start by advertising the job for at least one month to prove no Canadian could be found for the role (make sure you meet LMIA advertising requirements), then submit the LMIA application along with a $1K fee. Expect processing of the LMIA to take 2-4 months - with approval not being guaranteed.

 

[scylla]

If you want to pursue the LMIA, detailed info can be found here:

https://www.canada.ca/en/employment-social-development/services/foreign-workers/median-wage/low/requirements.html

Good luck.

 

[Bryanna]

I realize ties are not easy to establish and are very subjective. Her mom and dad are older and she manages the rubber business but it’s all cash and no proof. She is raising her niece while her sister works. I would like to know how to order notes and is there anything we can do to insure a positive 4th attempt even if I get legal representation?

I agree with the views given by scylla and Buletruck.

I don't think the GCMS notes will state anything different from what's been posted in this thread. If you'd still like to order the case notes then here's the link:
https://atip-aiprp.apps.gc.ca/atip/


Short advice:
Don't reapply until there's a significant change in her personal and professional circumstances. Reapplying too often could make the visa officer to question this desperation.

Legal representation won't help until she has evidence to prove she is a genuine visitor which she is not. She is a potential employee

 

[crash615]

At this stage of the relationships like any other all she wants to do is visit and meet my family. Who knows if she likes Canada etc- how do you prove she is a genuine visitor ? Her circumstances will not change for years ... before then we will need to make a decision if we should marry or not. So frustrating!

 

[Bryanna]

At this stage of the relationships like any other all she wants to do is visit and meet my family. Who knows if she likes Canada etc- how do you prove she is a genuine visitor ? Her circumstances will not change for years ... before then we will need to make a decision if we should marry or not. So frustrating!

It's understandable how you feel. We need to understand how visa officers think especially when there are a number of applicants from Asia who violate visa conditions. Unfortunately, most applicants are painted with the same brush when it comes to visa decisions.

To start with:
1. I recommend you completely drop the idea of wanting to hire her. Keep it simple:She must visit like a genuine visitor.

2. That said, stating she wants to visit you/your family is like waving a big red flag. The visa officer will see her as a potential over stayer who will marry you and apply for PR.

3. If you want to go the employment route, do be aware that it is not easy and a WP most probably won't be granted at the end of your efforts.

4. She needs to change the way her business works. For example: Register the business, open a business bank account, no cash payments, pay some taxes, etc.... even if the payments are not much. It would indicate a legit business.

5. She needs to save up more.

6. How old is her niece? Do her parents depend on her and can this be proved? Does she have a loan for any reason?