Tourist Visa Refusal - How to Reapply? What is the Issue?

[mpotocar86]

Hoping someone with some experience in this could shine some light on this situation.

I am Canadian citizen living in Singapore. Common Law Spouse is Colombian. We have a daughter, she is Canadian. We have lived in Singapore for 5 years. I work - my partner does not.
Plans to travel to Canada for Christmas to visit my parents between Dec 15 and Jan 4.
Applied for Tourist Visa for my partner and provided immigration with:

• Proof of return: Flight tickets, Singapore passes that expire 3 years from now, approved leave by my employer
• Proof of our relationship: Common law declaration, letter from my employer, daughter's birth certificate stating we are the mother and father, current tenancy agreement
• Proof of finances: all bank statements with substantial funds, letter explaining my financial support
• Invitation letter from my parents in Canada stating financial support during our stay as well as their proof of employment pay stubs and proof of their identity in Canada

Reasons given for refusal:
Not satisfied you will leave Canada at the end of your stay based on :
1) Purpose of trip
2) family ties in Canada and in country of residence (singapore)
3) travel history

To reapply i will supplement the above with the following additional details:

Purpose of Trip - itinerary with clear explanation of the purpose of the trip for tourism with finances listed, hotel bookings/flight tickets again

Family Ties - provide stronger proof of our relationship in Singapore with notarized affadavit of common law and additional previous tenancy agreements plus reinforce our childs birth certificate and validity of our passes in SIngapore

Travel History - this is where i am having the most issue?? Not sure what the problem is as this is a very generic response and understand it may not directly mean there is a specific issue with the travels he's made on the "travel history" section of the document but other parts of his application.

• We have travelled around Asia together the last 5 years he provided that information -maybe further explanation of this travel?
• Before our relationship, Before 5 years ago, he lived in Indonesia with a friend and was not working but had a visa that allowed him to stay 6 months, never had an issue, left and renewed visa and came back to Indonesia - didn't break any rules by overstaying etc- not sure how to address this?
• in the last 10 years he had 2 short term work contracts that occurred in the last 5 years- will include proof of this
• Cannot provide travel stamps/proof before 5 years ago as don't have old passports or travel tickets - how to address this? Just explain and hope for the best?

Anyone have an idea of how to respond to this refusal?

Feel that is is pretty straight forward but seeing now a lot of people being rejected even with jobs in their country of residence. He's a stay at home father, so not sure how to address this with Canadian immigration? Just common sense for me based on our history and relationship that he has a strong enough tie to return and leave Canada at the end of the stay because he has a daughter but at the same time can see how immigration may think he will stay BECAUSE we are Canadian so I have supplemented proof that WE have to return to Singapore due to work but how can I possibly tie him more to me than I already have to be able to make time for this trip for Christmas? It's a bit of a catch 22 situation. Because I am canadian it puts more suspicion on him and that's really unfair because he has no intent to stay in Canada!

Any help would be greatly appreciated. Thank you in advance

 

[kat3onah]

You can order the GCMS notes, from there you will be able to see the visa officers' analysis, reasoning and notes of why your partner's application was refused. To give you an idea what can be addressed.

I am not a visa consultant just want to share my take on why your partner was refused a visa.
Purpose, Ties and Travel History are the common reason for refusal I see for those other nationalities (Indian, Pakistani, etc ) who are living and working in U.A.E and Saudi Arabia. It is weird because these people are well travelled and are working/living in U.A.E and Saudi Arabia for more than 5 to 10 years. I believe that same as your partner, the real issue is the ties. Ties refers to job, family, home and assets.. a reason for you to go back and not stay in Canada.

>> His tie is strong in Canada because you and your daughter are his reason to live and migrate to Canada (even if he has no intent). The visa officers are strict because some people violated their visas. A lot of cases wherein other nationalities who visited their Canadian/Permanent Resident BFs/GFs either overstayed or eventually got married. They bypassed the proper way to migrate to Canada and because of this the Visa officers are being cautious in scrutinizing application as they want to prevent this from happening again and again.
>> He has no tie in Singapore because it is not his home country. The fact that he was living in Indonesia and Singapore speaks that he is not rooted to his home country.
>> Technically you are the sole reason why his stay in Singapore is valid since he is under a Dependent Pass. If he was granted a visa and you all went to Canada, he can easily overstay since there is no reason for him to go back to Singapore. He has no obligations. I hope you get what I mean
>> You can renew your pass every 3 years but it still just a temporary stay. SG government always changes their policy. Some locals don't like Ang Mos and foreign talents in their country.

 

[mpotocar86]

You can order the GCMS notes, from there you will be able to see the visa officers' analysis, reasoning and notes of why your partner's application was refused. To give you an idea what can be addressed.

I am not a visa consultant just want to share my take on why your partner was refused a visa.
Purpose, Ties and Travel History are the common reason for refusal I see for those other nationalities (Indian, Pakistani, etc ) who are living and working in U.A.E and Saudi Arabia. It is weird because these people are well travelled and are working/living in U.A.E and Saudi Arabia for more than 5 to 10 years. I believe that same as your partner, the real issue is the ties. Ties refers to job, family, home and assets.. a reason for you to go back and not stay in Canada.

>> His tie is strong in Canada because you and your daughter are his reason to live and migrate to Canada (even if he has no intent). The visa officers are strict because some people violated their visas. A lot of cases wherein other nationalities who visited their Canadian/Permanent Resident BFs/GFs either overstayed or eventually got married. They bypassed the proper way to migrate to Canada and because of this the Visa officers are being cautious in scrutinizing application as they want to prevent this from happening again and again.
>> He has no tie in Singapore because it is not his home country. The fact that he was living in Indonesia and Singapore speaks that he is not rooted to his home country.
>> Technically you are the sole reason why his stay in Singapore is valid since he is under a Dependent Pass. If he was granted a visa and you all went to Canada, he can easily overstay since there is no reason for him to go back to Singapore. He has no obligations. I hope you get what I mean
>> You can renew your pass every 3 years but it still just a temporary stay. SG government always changes their policy. Some locals don't like Ang Mos and foreign talents in their country.

Thanks alot I totally get that and thats what i'm trying to mitigate. Or are you stating that because of this he has no chance really even with the additional documents i supplement establishing stronger ties for him to return back to Singapore?

I did request the case notes but it will probably take another month before we receive those and i was hoping to reapply by then for a chance he could still make it for christmas with us.

Should I give up and just not bother reapplying until he has a solid job in Singapore next year?

 

[scylla]

Thanks alot I totally get that and thats what i'm trying to mitigate. Or are you stating that because of this he has no chance really even with the additional documents i supplement establishing stronger ties for him to return back to Singapore?

I did request the case notes but it will probably take another month before we receive those and i was hoping to reapply by then for a chance he could still make it for christmas with us.

Should I give up and just not bother reapplying until he has a solid job in Singapore next year?

IRCC has concerns your partner has plans to remain in Canada long term give you and your daughter are Canadian. That's the reason for the refusal. Unfortunately this is quite common since many people in this situation apply for a TRV and then come to Canada and file an inland sponsorship application so that they can remain. I would recommend you hold off reapplying until your common law partner can demonstrate stronger ties to Singapore (i.e. permanent job).

For travel history - they are looking for previous travel to countries requiring visas such as the US and UK. Travel to Asia won't be counted.

For family ties - they are looking for ties to his home country. Since you are Canadian and traveling to Canada on the trip, you and your daughter are not family ties that strengthen the application (you actually weaken the application).

 

[mpotocar86]

IRCC has concerns your partner has plans to remain in Canada long term give you and your daughter are Canadian. That's the reason for the refusal. Unfortunately this is quite common since many people in this situation apply for a TRV and then come to Canada and file an inland sponsorship application so that they can remain. I would recommend you hold off reapplying until your common law partner can demonstrate stronger ties to Singapore (i.e. permanent job).

For travel history - they are looking for previous travel to countries requiring visas such as the US and UK. Travel to Asia won't be counted.

For family ties - they are looking for ties to his home country. Since you are Canadian and traveling to Canada on the trip, you and your daughter are not family ties that strengthen the application (you actually weaken the application).

Why isn't travel to Asia counted if he still has to apply for a visa to those countries?
Why would they need family ties to his home country if he lives in SIngapore with his family? His mother only lives in his home country and we send money to her monthly for her necessities.
And if we show specifics on why we are both returning back to Singapore, why would we just leave our apartment and bond and all of our attachments here in SIngapore like phone bills etc to stay in Canada suddenly out of no where without jobs and a young baby when I have shown proof of substantial financial sponsorship? .. I get the logic but this doesnt make sense to me a rejection based on a what if.

I totally understand some people have abused the law but i seriously feel like my rights as a canadian are being violated here especially when we have followed all the requirements/ask for the application. What is the point of applying if they should just say you cannot apply if your sponsor is Canadian and you have a family with them in the first place?!


The part on the permanent job - If that was an issue, why wouldn't they have stated that as a grounds for refusal? Would at least make sense and close the case for us but they didn't so it leaves me to understand that I still have an opportunity to refute their concerns?

 

[scylla]

Why isn't travel to Asia counted if he still has to apply for a visa to those countries?
Why would they need family ties to his home country if he lives in SIngapore with his family? His mother only lives in his home country and we send money to her monthly for her necessities.
And if we show specifics on why we are both returning back to Singapore, why would we just leave our apartment and bond and all of our attachments here in SIngapore like phone bills etc to stay in Canada suddenly out of no where without jobs and a young baby when I have shown proof of substantial financial sponsorship? .. I get the logic but this doesnt make sense to me a rejection based on a what if.

I totally understand some people have abused the law but i seriously feel like my rights as a canadian are being violated here especially when we have followed all the requirements/ask for the application. What is the point of applying if they should just say you cannot apply if your sponsor is Canadian and you have a family with them in the first place?!


The part on the permanent job - If that was an issue, why wouldn't they have stated that as a grounds for refusal? Would at least make sense and close the case for us but they didn't so it leaves me to understand that I still have an opportunity to refute their concerns?

I'm just telling you how we have seen IRCC assess applications based on many many cases on this forum and the explanations for the refusal reasons you are seeing.

I don't work for them - just trying to help you for free. No point arguing or getting angry at me.

 

[mpotocar86]

I'm just telling you how we have seen IRCC assess applications based on many many cases on this forum and the explanations for the refusal reasons you are seeing.

I don't work for them - just trying to help you for free. No point arguing or getting angry at me.

no no im not angry at you at all , im really sorry and totally appreciate your help! I totally didn't mean to come off that way, I genuinely was trying to understand how the logic works here because my logic is different how i am viewing it and trying my best to figure out whether our entire christmas holiday is down the toilet now because of this. They say we can reapply and i feel there is a lot more information I can provide in terms of addressing his strong family ties to Singapore which is what they requested but I can't tell if they will take that on and approve and forget about travel history requirement? Must all the boxes be ticked for them to approve?

 

[Jets13]

Why isn't travel to Asia counted if he still has to apply for a visa to those countries?
Why would they need family ties to his home country if he lives in SIngapore with his family? His mother only lives in his home country and we send money to her monthly for her necessities.
And if we show specifics on why we are both returning back to Singapore, why would we just leave our apartment and bond and all of our attachments here in SIngapore like phone bills etc to stay in Canada suddenly out of no where without jobs and a young baby when I have shown proof of substantial financial sponsorship? .. I get the logic but this doesnt make sense to me a rejection based on a what if.

I totally understand some people have abused the law but i seriously feel like my rights as a canadian are being violated here especially when we have followed all the requirements/ask for the application. What is the point of applying if they should just say you cannot apply if your sponsor is Canadian and you have a family with them in the first place?!


The part on the permanent job - If that was an issue, why wouldn't they have stated that as a grounds for refusal? Would at least make sense and close the case for us but they didn't so it leaves me to understand that I still have an opportunity to refute their concerns?

Visas to those countries do not count because they are typically easy to get, and the economic conditions are on par with where the applicant originally comes from. For example as a Canadian I can get a visa online in one day, but the chances of me overstaying my visa and leaving Canada to live in India are nil. The same cannot be said the other way around. So that's why visa to Asian countries doesn't really count, they want visa to other "western" countries like UK, US, Australia, Europe so a history of being a genuine traveler without overstaying is established.

Your rights as a Canadian are not being violated. You can enter Canada freely. Your spouse on the other hand has no right to enter Canada, that is a privilege. Canada decides which foreigners can come or go. Unfortunately you are being stereotyped, they are putting your profile and matching it with others with similar profiles and assuming what you might do. Its not fair but its what they do to ensure people honor their visas.

If you would like to have zero issues with your spouse visiting Canada, there are other avenues one takes to bring a significant other over, mainly family sponsorship.

 

[bellaluna]

Your common-law spouse’s profile, specially as he is unemployed, is a long-shot, and more likely to be rejected.

I can suggest an unorthodox tactic which honestly does not have any guarantee of steering it in your favor, but...you could try including a cover letter, addressing the refusal reasons, that you do not intend to apply for inland sponsorship in Canada for him at this time—and both of your ties remain in Singapore for the time being, after spending the holiday. Itemize why in relation to the documents you submitted, like your employment and apartment lease. If you have any future plans to relocate to Canada (or if you do not have any in the foreseeable future), you should state them.

 

[mpotocar86]

Thanks a lot everyone, this is helpful.

Last question here - if there was a mistake or something not clear regarding his travel history would they have requested for clarification or additional documents or would they have just rejected and not listed that as a reason? I was going through the documetns again and maybe it was not clear to the officer that he always complied with travel visa stays given the way I outlined his history very vaguely - worth a try?

 

[mpotocar86]

Visas to those countries do not count because they are typically easy to get, and the economic conditions are on par with where the applicant originally comes from. For example as a Canadian I can get a visa online in one day, but the chances of me overstaying my visa and leaving Canada to live in India are nil. The same cannot be said the other way around. So that's why visa to Asian countries doesn't really count, they want visa to other "western" countries like UK, US, Australia, Europe so a history of being a genuine traveler without overstaying is established.

Your rights as a Canadian are not being violated. You can enter Canada freely. Your spouse on the other hand has no right to enter Canada, that is a privilege. Canada decides which foreigners can come or go. Unfortunately you are being stereotyped, they are putting your profile and matching it with others with similar profiles and assuming what you might do. Its not fair but its what they do to ensure people honor their visas.

If you would like to have zero issues with your spouse visiting Canada, there are other avenues one takes to bring a significant other over, mainly family sponsorship.

What other avenues are you referring to? I had my parents send an invitation family sponsorship letter. Is there another way?

 

[mpotocar86]

Your common-law spouse’s profile, specially as he is unemployed, is a long-shot, and more likely to be rejected.

I can suggest an unorthodox tactic which honestly does not have any guarantee of steering it in your favor, but...you could try including a cover letter, addressing the refusal reasons, that you do not intend to apply for inland sponsorship in Canada for him at this time—and both of your ties remain in Singapore for the time being, after spending the holiday. Itemize why in relation to the documents you submitted, like your employment and apartment lease. If you have any future plans to relocate to Canada (or if you do not have any in the foreseeable future), you should state them.

Thanks a lot. Has anyone seen instances where visas were approved after trying the above tactic? trying to make a call on whether to try my luck or wait for more specific GCMS notes which will mean he wont be able to visit until next year. Does it hurt to try again and try to address everything directly?

 

[bellaluna]

Thanks a lot. Has anyone seen instances where visas were approved after trying the above tactic? trying to make a call on whether to try my luck or wait for more specific GCMS notes which will mean he wont be able to visit until next year. Does it hurt to try again and try to address everything directly?

Extreme case which took 5 application attempts: https://www.canadavisa.com/canada-immigration-discussion-board/threads/sick-and-tired.556365/

 

[mpotocar86]

Extreme case which took 5 application attempts: https://www.canadavisa.com/canada-immigration-discussion-board/threads/sick-and-tired.556365/

gosh, i was so naive going into this visa process thinking you can just provide all substantial information. I wonder if i just state that in a letter to them stating that we really didn't understand there would be a concern to stay in Canada because we never even looked at the process of going back and have no intent whatsoever. I had no idea there was so many issues of people abusing the visitor visa. Felt so straight forward to me, we can sponsor him, canada doesnt have to worry, we have tickets and proof of tenancy agreement coming back home to Singapore.

If he had a job and all of the already mentioned, would they still be worried he would stay in Canada just because his immediate family is canadian? is there evidence of approval then?

He does have a job lined up in February to return to but like thats Feb 2020, not current because hes taking care of our child while i work fulltime and he has a letter from the employer stating they want to hire but again.. they need to do all the applying for work visa etc in February.. i dont have proof to supplement past a signed letter of intent from an employer

 

[sunny1977]

Why isn't travel to Asia counted if he still has to apply for a visa to those countries?
Why would they need family ties to his home country if he lives in SIngapore with his family? His mother only lives in his home country and we send money to her monthly for her necessities.
And if we show specifics on why we are both returning back to Singapore, why would we just leave our apartment and bond and all of our attachments here in SIngapore like phone bills etc to stay in Canada suddenly out of no where without jobs and a young baby when I have shown proof of substantial financial sponsorship? .. I get the logic but this doesnt make sense to me a rejection based on a what if.

I totally understand some people have abused the law but i seriously feel like my rights as a canadian are being violated here especially when we have followed all the requirements/ask for the application. What is the point of applying if they should just say you cannot apply if your sponsor is Canadian and you have a family with them in the first place?!


The part on tampjob - If that was an issue, why wouldn't they have stated that as a grounds for refusal? Would at least make sense and close the case for us but they didn't so it leaves me to understand that I still have an opportunity to refute their concerns?

trv approval merely depends upon the visa officer viewing the file. for eg. its clearly mentioned on the cic website that if applicant has travelled usa/canada in last 10 years then no need to submit financial documents and visa is issued easily under can+ category, i have given my travel history of schenegan, uk and us (immi stamped in 2017 for 10days and visa valid till 2027), even then they refused my application last month giving a reason of travel history and financial status.