Super visa application after visitor visa rejection

[Prakaashankar]

I'm applying for super visa for my parents after visitor visa rejection. I have following questions:

1. Should I attach letter of explanation now when we submit their super visa application
2. I ordered GCMS notes for rejection it has following refusal ground details. I'm adding my reply in green color for each and every refusal ground which I'm itending to include on letter of explanation if needed :
   1. Not satisfied you will leave Canada at end of your stay- I can establish clear ties such as our 35 year old family business, grand mother, sister, pet, are still in home country they will return no intention to stay
   2. Your assets and financial situation are insufficient to support stated purpose of travel- Last time showed around $10k CAD this time showing around $20k CAD for my parents my LICO criteria. Our funds around $30k here
   3. Employment situation shows you are not financially esatblished in home country- Business is doing really good can provide customer review, sales revenue for the year. Parents are self employed please advise what more can I show
   4. Purpose of visit is not consistent with temp stay- This time its different planning to enter 7 months unlike last time as this is super visa. Purpose mentioned as family reunification, sight seeing, visit us and our son
   5. Key findings from app. Purpose of visit doesn't appear reasonable given client's socio- economic situation so client might not leave Canada at end of period of authorized stay. Insufficient proof of financial status / funds don't appear to be sufficient to facilitate trip to Canada. Proposed trip is reasonable or affordable expense. Proof of fund on file shows negative balance on . Business statement show negative balance. Employment prospects less weight to employment ties as business is doing poorly given large negative balance in business bank account. Client may remain in Canada rather than going back to home country. No establishment motivating return to home country. - Not sure how they came to this conclusion but its our mistake we submitted business bank statement. Business statement its from Cash credit over draft account which is like margin account here in Canada(allows you to borrow against your securities). Account is meant to show negative balance but store's inventory worth is double the negative cash balanace. But even that account is closed and I got no due certificate from the bank. Business is doing good on contrary to what they have discovered I can show them using sales revenue. Will attach parent's Income document, asset evaluation certificate, property valuation. Motivation to return can be proved by added if I can emphasize of my parent's family ties back home
   6. Not satisfied on balance client is bonafied visitor to Canada will depart end of stay - This is untrue since he has both family and business ties they have no choice but to get back to the home country

Any other observations which I missed please advise. Also please let me know what else to include on letter of explanation apart from justifying reasons to counter their refusal reason

Thank you again for your assistance

Regards,
Prakash

 

[canuck78]

Any accounts related to their business will not be considered. Tough to say you have strong ties like a business, grandmother, etc. but be able to visit for 7 months.

 

[Prakaashankar]

Don't understand why its tough to say business isn't considered strong ties. He is successfully doing that for 35 years and don't have any plans to stop in future. What are good examples of strong ties for self employed. I can also add info about my sister, nephew, properties, mandatory business community meetups. Not sure these would suffice or should I add any return flight itenieary please advise

 

[canuck78]

Don't understand why its tough to say business isn't considered strong ties. He is successfully doing that for 35 years and don't have any plans to stop in future. What are good examples of strong ties for self employed. I can also add info about my sister, nephew, properties, mandatory business community meetups. Not sure these would suffice or should I add any return flight itenieary please advise

A business would be a strong ties if you were visiting for up to a few weeks not 7 months. Unless they are dependents they aren’t really strong ties but you can certainly mention them. You should provide return details but do not book any tickets. Proof of property ownership especially person properties would be a good tie.

 

[steaky]

Don't understand why its tough to say business isn't considered strong ties. He is successfully doing that for 35 years and don't have any plans to stop in future. What are good examples of strong ties for self employed. I can also add info about my sister, nephew, properties, mandatory business community meetups. Not sure these would suffice or should I add any return flight itenieary please advise

What kind of business would allow someone to have 7 months of vacation in another country? If business was good, why it didn't show they are financially established?

 

[binal1625]

What duration of stay did you give for the visitor visa application? I hope it wasn't several months long.

 

[Prakaashankar]

They are 100% financially established IRCC incorrectly turned down the application that they are not. My parents wouldn't stay more than 1 month max 2 months. Challenge is I applied for visitor visa with duration of approx 1-2 months for them which didn't go through so I'm applying for a super visa based on my income. Super visa app I cannot enter length of stay for 1-2 months so entering 7 months. But may be my dad's business ties wouldn't let him stay for 7 months for now but my mom can stay. More over may be my dad can stay for longer for more than 6 or 7 months after 4-5 years down the line if not now.

 

[steaky]

They are 100% financially established IRCC incorrectly turned down the application that they are not. My parents wouldn't stay more than 1 month max 2 months. Challenge is I applied for visitor visa with duration of approx 1-2 months for them which didn't go through so I'm applying for a super visa based on my income. Super visa app I cannot enter length of stay for 1-2 months so entering 7 months. But may be my dad's business ties wouldn't let him stay for 7 months for now but my mom can stay. More over may be my dad can stay for longer for more than 6 or 7 months after 4-5 years down the line if not now.

But isn't sales revenue minus expenses = deficit (as your business account previously show large negative balance in the now closed business account? What's the point of showing the sales revenue alone? Why don't they just show how much funds they have in their personal bank accounts?

 

[canuck78]

They are 100% financially established IRCC incorrectly turned down the application that they are not. My parents wouldn't stay more than 1 month max 2 months. Challenge is I applied for visitor visa with duration of approx 1-2 months for them which didn't go through so I'm applying for a super visa based on my income. Super visa app I cannot enter length of stay for 1-2 months so entering 7 months. But may be my dad's business ties wouldn't let him stay for 7 months for now but my mom can stay. More over may be my dad can stay for longer for more than 6 or 7 months after 4-5 years down the line if not now.

You should attach a letter indicating their planned length of visit. Would order GCMS notes before reapplying so you can address every concern listed.

 

[Prakaashankar]

That's what I did my very 1st post here on this thread had the refusal ground details. On this very initial post text in black from GCMS notes my part of justification is in red colour. Please if you could review and advise whether I'm addressing them in right direction. Or if I need to add anything on their super visa application your inputs would help.

Is that ok for them to apply for 7 months visit via super visa if I address these concerns will it work or should I submit another visitor visa application.

 

[Prakaashankar]

@canuck78 your inputs for my comments would be helpful I'm on the last stage to submit their super visa application

 

[canuck78]

@canuck78 your inputs for my comments would be helpful I'm on the last stage to submit their super visa application

This is a volunteer forum fyi. I have addressees some of the GCMS note refusals already. Would personally have reapplied for a normal TRV if they only want to stay a month for example. They need to show personal savings. Owning the business is the only thing you should be showing because that is a tie.

 

[totaldreamer]

I'm applying for super visa for my parents after visitor visa rejection. I have following questions:

1. Should I attach letter of explanation now when we submit their super visa application
2. I ordered GCMS notes for rejection it has following refusal ground details. I'm adding my reply in green color for each and every refusal ground which I'm itending to include on letter of explanation if needed :
   1. Not satisfied you will leave Canada at end of your stay- I can establish clear ties such as our 35 year old family business, grand mother, sister, pet, are still in home country they will return no intention to stay
   2. Your assets and financial situation are insufficient to support stated purpose of travel- Last time showed around $10k CAD this time showing around $20k CAD for my parents my LICO criteria. Our funds around $30k here
   3. Employment situation shows you are not financially esatblished in home country- Business is doing really good can provide customer review, sales revenue for the year. Parents are self employed please advise what more can I show
   4. Purpose of visit is not consistent with temp stay- This time its different planning to enter 7 months unlike last time as this is super visa. Purpose mentioned as family reunification, sight seeing, visit us and our son
   5. Key findings from app. Purpose of visit doesn't appear reasonable given client's socio- economic situation so client might not leave Canada at end of period of authorized stay. Insufficient proof of financial status / funds don't appear to be sufficient to facilitate trip to Canada. Proposed trip is reasonable or affordable expense. Proof of fund on file shows negative balance on . Business statement show negative balance. Employment prospects less weight to employment ties as business is doing poorly given large negative balance in business bank account. Client may remain in Canada rather than going back to home country. No establishment motivating return to home country. - Not sure how they came to this conclusion but its our mistake we submitted business bank statement. Business statement its from Cash credit over draft account which is like margin account here in Canada(allows you to borrow against your securities). Account is meant to show negative balance but store's inventory worth is double the negative cash balanace. But even that account is closed and I got no due certificate from the bank. Business is doing good on contrary to what they have discovered I can show them using sales revenue. Will attach parent's Income document, asset evaluation certificate, property valuation. Motivation to return can be proved by added if I can emphasize of my parent's family ties back home
   6. Not satisfied on balance client is bonafied visitor to Canada will depart end of stay - This is untrue since he has both family and business ties they have no choice but to get back to the home country

Any other observations which I missed please advise. Also please let me know what else to include on letter of explanation apart from justifying reasons to counter their refusal reason

Thank you again for your assistance

Regards,
Prakash

Hey! I am in a similar boat.

What decision did you take? Reapplied for TRV or Super Visa? I am confused on my situation


I applied for my parents visitor visa on 26th of March. Got the refusal on 9th of April. Stating:

• I am not satisfied that you will leave Canada at the end of your stay as required by paragraph 179(b) of the IRPR (https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/ section-179.html). I am refusing your application because you have not established that you will leave Canada, based on the following factors:

• Your assets and financial situation are insufficient to support the stated purpose of travel for yourself (and any accompanying family member(s), if applicable).

• The purpose of your visit to Canada is not consistent with a temporary stay given the details you have provided in your application.


My parents are both earning. I provided there Paystubs, Employment and NOC letter, ITR, Bank statements (They do not have liquid funds in their savings, but still their combined amount was around 15k, and rest was in Mutual Funds around 35k), Provided CA evaluation certificate for the property and Gold they own. There stay was for 1 month and 10 days. My sister is married lives in india. But she is a PR of Canada (Had to move back to india because of husband and in-laws. She did her post grad from Canada itself). They have the property and job to show their ties to home country. In invitation letter I stated that me and my husband will be taking care of all their expenses during their stay. We both are employed, provided all the related documents. Our combined bank balance was 80k. Not sure what more I could have done.

I do not wish to face the rejection again.

My question for you is did apply for SV? I am also thinking for the same. But if they reject SV as well I have no idea how we will turn the decision around. I have ordered the GCMS notes. Still waiting on them.

Any suggestion any help will be truly appreciated.