Appeal for rejection TRV to federal court, please help?

[Yorker13]

Hi all,

my 2 child daughters application for TRV/TRP was rejected second time.

myself,wife and son have PR status in Canada.

i am in canada since 2016 and inline of RO and send application for PR card renewal last week.

my wife,son and 2 daughters are still in UAE,wife and son are not inline with RO ,there are reason she didnt come earlier.

our PR card will expire end of july 2018.

the reasons the visa officer stated for his rejection was

- he was not convinced the applicant will leave when their visa expires.
-ties to country of residence and canada

now ,i am thinking to make an appeal in the judical review in the federal court

i hope someone who have expereince,knowledge ,idea with appeals in federal court assist me in this?

any good lawyers in hamiloton,ontarion?
how much does it cost for laywer + application fees for appeals?
how long the process will take giving my wife's PR card will expire by end of jult 2018?

thanks

 

[scylla]

Hi all,

my 2 child daughters application for TRV/TRP was rejected second time.

myself,wife and son have PR status in Canada.

i am in canada since 2016 and inline of RO and send application for PR card renewal last week.

my wife,son and 2 daughters are still in UAE,wife and son are not inline with RO ,there are reason she didnt come earlier.

our PR card will expire end of july 2018.

the reasons the visa officer stated for his rejection was

- he was not convinced the applicant will leave when their visa expires.
-ties to country of residence and canada

now ,i am thinking to make an appeal in the judical review in the federal court

i hope someone who have expereince,knowledge ,idea with appeals in federal court assist me in this?

any good lawyers in hamiloton,ontarion?
how much does it cost for laywer + application fees for appeals?
how long the process will take giving my wife's PR card will expire by end of jult 2018?

thanks

Expect the appeal to cost $5K+ with no guarantee of success. I personally think it's a bad idea and a waste of time and money that could very well end in another refusal. It will be faster if you simply sponsor your child for PR. Processing should take six months.

If you do plan to appeal, consider how you will argue the first refusal reason. You are in fact trying to bring your child to Canada so that you can sponsor them for PR. So there are no plans for your child to leave Canada. The refusal reason is accurate.

Again, I would very strongly recommend you forget the appeal and focus on submitting a complete sponsorship application asap.

 

[scylla]

Sorry - I didn't answer one of your questions. To the best of my knowledge, federal court appeal wait times are around 4-5 months.

 

[canuck_in_uk]

Hi all,

my 2 child daughters application for TRV/TRP was rejected second time.

myself,wife and son have PR status in Canada.

i am in canada since 2016 and inline of RO and send application for PR card renewal last week.

my wife,son and 2 daughters are still in UAE,wife and son are not inline with RO ,there are reason she didnt come earlier.

our PR card will expire end of july 2018.

the reasons the visa officer stated for his rejection was

- he was not convinced the applicant will leave when their visa expires.
-ties to country of residence and canada

now ,i am thinking to make an appeal in the judical review in the federal court

i hope someone who have expereince,knowledge ,idea with appeals in federal court assist me in this?

any good lawyers in hamiloton,ontarion?
how much does it cost for laywer + application fees for appeals?
how long the process will take giving my wife's PR card will expire by end of jult 2018?

thanks

I agree with scylla. The refusal was valid, as you don't have any intention for your children to leave Canada.

Given that your wife and son will not have valid PR cards by the time the sponsorship process for your daughters is done, you should really consider renouncing their PR status and applying to sponsor all four of them together.

 

[Yorker13]

Expect the appeal to cost $5K+ with no guarantee of success. I personally think it's a bad idea and a waste of time and money that could very well end in another refusal. It will be faster if you simply sponsor your child for PR. Processing should take six months.

If you do plan to appeal, consider how you will argue the first refusal reason. You are in fact trying to bring your child to Canada so that you can sponsor them for PR. So there are no plans for your child to leave Canada. The refusal reason is accurate.

Again, I would very strongly recommend you forget the appeal and focus on submitting a complete sponsorship application asap.

Thanks Scylla,

the thing i dont understand about this refusal,is that i got successful to get TRP for one 2 child daughters back in 2016, i was unemployed,wasnot living in Canada ,me and my wife were close to complete 3 out of 5 out of canada and most importantly ,the reason i mentioned in the TRV/TRP is to sponsor them once we go to canada and showed them that my wife just resigned and we bought tickets.

so what is the difference now? i am empoyed for almost 2 years now,met the RO requirment



one last question please.

how to get the visa officer notes if i want more details about their decision other than the ticked boxes letter which doesnt make sense, like they mentioned i didnt pay fees for TRP and they wont process such application since no official application is submitted..!!!

there is no option on CIC website to select TRP, so how can they put that against the application.

e.g,in the approved TRP in 2016, i first applied for TRV then they said apply for TRP and go to VAC and pay the fees for TRP there.

now with the other mentioned reasons they included this one, in my 1st TRV in jan 2018 they mentioned tickets were not purchased and applicatnt cant support themselves financially,

then i bought one way tickets for 4 family members 4000$, and provided the same bank account for me and my wife, now they didnt mention those reasons but sheding doubts on applicants wont leave after visa expiray.


how to extract the notes to get more inforation plz

 

[scylla]

Thanks Scylla,

the thing i dont understand about this refusal,is that i got successful to get TRP for one 2 child daughters back in 2016, i was unemployed,wasnot living in Canada ,me and my wife were close to complete 3 out of 5 out of canada and most importantly ,the reason i mentioned in the TRV/TRP is to sponsor them once we go to canada and showed them that my wife just resigned and we bought tickets.

so what is the difference now? i am empoyed for almost 2 years now,met the RO requirment



one last question please.

how to get the visa officer notes if i want more details about their decision other than the ticked boxes letter which doesnt make sense, like they mentioned i didnt pay fees for TRP and they wont process such application since no official application is submitted..!!!

there is no option on CIC website to select TRP, so how can they put that against the application.

e.g,in the approved TRP in 2016, i first applied for TRV then they said apply for TRP and go to VAC and pay the fees for TRP there.

now with the other mentioned reasons they included this one, in my 1st TRV in jan 2018 they mentioned tickets were not purchased and applicatnt cant support themselves financially,

then i bought one way tickets for 4 family members 4000$, and provided the same bank account for me and my wife, now they didnt mention those reasons but sheding doubts on applicants wont leave after visa expiray.


how to extract the notes to get more inforation plz

Likely a very big part of the problem is that you didn't use that first TRP. It was effectively granted to you on an exception basis and then you didn't relocate your family to Canada after it was granted. This was their chance to move - and they didn't use it.

I honestly wouldn't waste any more of your energy or time on the TRV or TRP or any notes or an appeal. I would focus on the PR application instead. I think the TRP/TRV is a lost cause.

 

[Yorker13]

Likely a very big part of the problem is that you didn't use that first TRP. It was effectively granted to you on an exception basis and then you didn't relocate your family to Canada after it was granted. This was their chance to move - and they didn't use it.

I honestly wouldn't waste any more of your energy or time on the TRV or TRP or any notes or an appeal. I would focus on the PR application instead. I think the TRP/TRV is a lost cause.

Thanks again Scylla,

its my mistake they went back when TRP was granted first time, it was difficult for me to move around without a job /car/permanant home, so after few months of strugle we agreed my wife to got back to her old job.
financially it worked, as i relocated to another city and found job and feel more stable to bring my family and support them

why i am persistant on getting the 2 daughters trv/trp now, is that my son will start 1st grade next academic year, i want him to study in canada, if he goes to school in UAE, i am afraid he will find language diffictultes in his 2nd grade in canada.

also i was planning to bring my bring my parents on super visa in december, i am afraid that having family spnosrship application might effect my parent chances to get super visa

any idea on how to get the notes for the visa officer that rejected the application

 

[Bryanna]

its my mistake they went back when TRP was granted first time, it was difficult for me to move around without a job /car/permanant home, so after few months of strugle we agreed my wife to got back to her old job.
financially it worked, as i relocated to another city and found job and feel more stable to bring my family and support them

why i am persistant on getting the 2 daughters trv/trp now, is that my son will start 1st grade next academic year, i want him to study in canada, if he goes to school in UAE, i am afraid he will find language diffictultes in his 2nd grade in canada.

You're missing the point. They have missed the boat. It's pointless in pursuing the TRV/TRP route. You would only be wasting your time and money.

Your best bet is to have them renounce their PR and you can then sponsor them again. As you have met RO, you probably won't have any problems.

also i was planning to bring my bring my parents on super visa in december, i am afraid that having family spnosrship application might effect my parent chances to get super visa

This would depend on your income.

any idea on how to get the notes for the visa officer that rejected the application

You can apply for GCMS notes here:
https://atip-aiprp.apps.gc.ca/atip/welcome.do?lang=en

 

[canuck78]

Your son (and wife) don't meet their RO so there was no guarantee they would be allowed into Canada. As everyone has already said they should renounce their PR and you should start sponsoring the whole family from scratch. Given that you only get one 2 year stay on a supervisa, and that is during the first visit, I would also postpone your parents' supervisa.

 

[fourhire]

I’m married to a Thai. She has every connection to Thailand possible . The second application said she wasn’t precise enough how long she would stay in Canada or what the plan was. The letters were 3/4 “ high describing our plans and time being in Canada. The next time as the other two she indicated she had two homes , a car . Two motorcycles and included the deeds and ownerships ? They said she didn’t have enough assets in Thailand ? We showed over $20,000 in cash and showed every reason why she would return plus showing my retirement passport stamps for me to live in Thailand many months a year? They wonder why Canadian s just can’t believe who works there. Either they are blind or can’t read. I believe they didn’t read it. Anyway my question is! What is the address to send a statement of claim. It has to be responded to in 20 days. Not this 4 or 5 month business ? If you apply for the same visit to the USA you have everything done in two weeks including a person to person interview should the officer not be able to read or is blind!

 

[bongoman]

You need to get the Caips notes this will contain the exact reason why the officer denied her visa. If you are canadian you can get these yourself https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/access-information-privacy/requests-information-act.html