TRV Refused Twice for Russian Mother-in-Law

[jslmsca]

I am a Canadian citizen and my wife is a Russian citizen. We are both living in Canada and expecting our first baby in September. We have applied for Permanent Residency under the Spousal Application program and since she is not yet a permanent resident, could not apply for her mother to visit under the Super Visa. Therefore, we applied under the TRV.

The first rejection was due to insufficient finances and a belief that she would not return to Russia due to family ties and her country of origin. We provided an employment letter and bank statements showing all of her transactions. She owns three properties in Russia, has a husband, and works as a Chief Accountant making well above the Russian average salary. She has also travelled extensively, having visited around twenty countries. Apparently, none of this was sufficient.

The second rejection was again due to a belief that she would not return to Russia due to family ties, country of origin, and this time, purpose of visit. We specifically stated that she wanted to visit us and help out with the baby. We reduced the requested length of stay from five months to three months. Since we cannot apply yet for a Super Visa, we have no other option but to request a TRV, which according to our understanding, is valid for visiting up to six months.

We are unsure about the next steps. Should we reapply a third time? What can possibly convince authorities that she will return to Russia? How can visiting family not be a legitimate purpose for the visit?

Is this worth contacting an immigration lawyer to file a formal appeal? Or would it be better to wait and hope my wife gets PR and then applying for her mother to visit under a Super Visa?

Thanks.

 

[Bryanna]

I am a Canadian citizen and my wife is a Russian citizen. We are both living in Canada and expecting our first baby in September. We have applied for Permanent Residency under the Spousal Application program and since she is not yet a permanent resident, could not apply for her mother to visit under the Super Visa. Therefore, we applied under the TRV.

The first rejection was due to insufficient finances and a belief that she would not return to Russia due to family ties and her country of origin. We provided an employment letter and bank statements showing all of her transactions. She owns three properties in Russia, has a husband, and works as a Chief Accountant making well above the Russian average salary. She has also travelled extensively, having visited around twenty countries. Apparently, none of this was sufficient.

The second rejection was again due to a belief that she would not return to Russia due to family ties, country of origin, and this time, purpose of visit. We specifically stated that she wanted to visit us and help out with the baby. We reduced the requested length of stay from five months to three months. Since we cannot apply yet for a Super Visa, we have no other option but to request a TRV, which according to our understanding, is valid for visiting up to six months.

We are unsure about the next steps. Should we reapply a third time? What can possibly convince authorities that she will return to Russia? How can visiting family not be a legitimate purpose for the visit?

Is this worth contacting an immigration lawyer to file a formal appeal? Or would it be better to wait and hope my wife gets PR and then applying for her mother to visit under a Super Visa?

Thanks.

This specific paragraph has all the huge red flags that resulted in her refusal:

We specifically stated that she wanted to visit us and help out with the baby.

It is considered as working illegally as a visitor.

We reduced the requested length of stay from five months to three months.

Again, no applicant that has strong employment ties in his/here home country would be allowed to take anywhere upwards of one month's approved employment leave. In this case, your MIL's employer has allowed her to take 3-5 months = No strong employment ties.

Also, changing the duration from 5 months to 3 months indicates this was done just for a visa approval, while in reality your MIL is likely to stay for the original 5 months that she had requested.

Since we cannot apply yet for a Super Visa, we have no other option but to request a TRV, which according to our understanding, is valid for visiting up to six months.

Again, to a visa officer this would clearly imply that your MIL does not have any strong ties to Russia.... because she is willing to consider a super visa stay of up to two years.... but has applied for a TRV as your wife is not eligible to host her for a super visa.


An immigration lawyer cannot undo the damage that has already been done by two applications in quick succession.

An appeal has zero chances of success because the visa officer has not erred in his/her decision.

IMO, your MIL can reapply several months after your baby is born.... and if your wife is not employed (to prove that you don't need a babysitter/nanny)