Application for Visitor denied and Work Visa too =( now what?

[Lena1984]

Hi there,
i need some serious help. My boyfriend is from El Salvador and i am a Canadian citizen.He applied for a visitor visa which got denied for the reason that he didn't present enough evidence that he will be going back to his country after,even tho he presented bank statements monthly hydro payments his car registration and so on. Now we tried the Work visa he even went to a lawyer to make sure he got everything in place,the only weak spot is that he wasnt employed this past year.So they denied it again now saying that his work history is fake and that he doesnt give them enough resons that he will return to his country again. I don't now what else we can do I mean canada is supposed to be a country that welcomes immigrants ,but right now im even ashamed to be canadian because this is so unfair
Anyone know what to do?

THank u in advance

 

[Baloo]

Canada welcomes immigrants that fit certain criteria. There is no need to be ashamed, these are the rules, for most people Canada does not have an open door policy.

If he intends to visit he must prove that he will leave, that means letting some time pass, getting work and gathering more proof that he will return home.

Fake work history - Can he prove that his work history is real? If yes, do so.


All the immigration streams are here http://www.cic.gc.ca/english/immigrate/index.asp

 

[Lena1984]

I appreciate your answer, he did present present work statements of every job including timeframe and the salary he received. If they think its fake why dont they call the company? He presented everything else that they ask for on the website thats the thing that upsets us so much.

 

[Forgiven]

I am the person who just got denied the work visa. To provide further details to the post
I presented all documentation needed for the application, including:
1. Job Offer and signed contract by a Canadian Company
2. LMO approving the hiring
3. Resume with more than 5 years of experience in different positions
4. Work statements for every single job included on my resume
5. Bank statements
6. A letter of someone that would provide housing for me from the moment I got to Canada until I am able to get my own apartment
7. A proof of an active US permanent residence process, that started 2 years ago, my parents are US residents (I presented this, so they would now my only intention is to work for the time I am allowed to do so, and that I even have other future plans on hand)

On the side:
1. I have been unemployed for one year now, I was traveling all over the United States during 2010
2. I didn't even get an interview at the embassy, as I was told by my lawyer.

I would appreciate if someone could shed some light on this, the reasons for the denial were:
"My current employment situation" and "that they doubt of the validity of the evidence I presented regarding my work history"

Is there a way I could better document my case and re-apply?

I appreciate all your comments

Frustrated Applicant

 

[Pippin]

Have your girl friend apply for CAIPS notes on your behalf. You may find something there to answer your question. Been there, done that, read the CAIPS. I was astounded at the discrepancies. In one instance the VO recorded dates that were completely backward so that it would appear to anyone reading CAIPS that the applicant was not telling the truth. Had they checked the date/location stamps in the passport which was in their possession they would have realized THEIR error. But once they have denied the TRV you don't have a chance. They just say "file closed", do not believe you would leave the country if admitted, apply again when you have a substantially different application.
In hind sight, I think the smartest thing to do would have been to plan a sight seeing trip and not include anything about visiting friends. It seems the VOs can turn things around one way or another if it suits them. I can totally understand Lena's comment about feeling embarrassed (add humiliated, angry, powerless). Demonstrating past compliance, our friend was in and out of Canadian cities multiple times for business (covered by a visa), but was still denied a TRV to come for a holiday.
I really hope you have better luck.

 

[Lena1984]

Thank you Pippin =)
How long should he wait until he applies again,i mean if he gets a job now the officers will think he just did that to get the visa :s and how else is he gonna prove that the work history isn't fake considering the fact that he already provided them with a work letter. THis is really frustrating but oh well if canada won't accept him i will become salvadorean
Cheers

 

[canadarace]

Well, to OP

in my personal opinion, a man is applying for visitor visa going to meet his gf in Canada.. clearly rings alarm that he won't come back.. moreover its matter of a resident of El-Salvador. (a developing country..excuse me, I am from same continent too).

He won't able to make it in this way.. you may keep trying by presenting more evidences etc.

My recommendation is, you should travel to your bf's country, get married there and then return to Canada and launch a family sponsor application for your husband. It may take bit longer ( some cases not even that longer) but your bf/husband will definitely make it.

 

[Lena1984]

Thats the thing i said in the invitation letter only that we are friends and not gf/bf and that i will provide housing for him during his stay :s
But the the work visa was flawless.I wish i could look in the officers mind to know what they want,cuz they don't tell you what documents to include to make the case stronger ;(

 

[canadarace]

Well, its hard to prove/believe that a boy gonna live with a girl just as friend and not gf/bf in eyes of a visa officer.

If you don't want to bring him permanently in Canada and just want to show him around your country, then nothing you can do.. it all depends from his side how strong ties he is able to show to visa officer. Some time you will even 100% on the way from your end, but officer won't satisfy.. nothing here to talk about.

from your above comments " canada won't accept him i will become salvadorean " , I assume that you want to establish a permanent relation, so go ahead, travel there, marry there and then proceed with family sponsor. Hopefully both of you will be in Canada by end of 2011 or start/mid of 2012.. who knows.

Bueno suerte.

 

[chink]

Lena i dont think you want to help this man. I think you should let him have one of your girlfriend. let them start a relationship and get married. ;D ;D ;D

 

[Lena1984]

Gracias canadarace
We will find a way to be together.
@ Chink i don't get your point

 

[kato]

7. A proof of an active US permanent residence process, that started 2 years ago, my parents are US residents (I presented this, so they would now my only intention is to work for the time I am allowed to do so, and that I even have other future plans on hand)

In my opinion, this was the main reason that they denied you. You overdid your documents. The Green Card application screwed it for you. By volunteering your intention, you severed your tie to your home country and all the documents that you presented to show your ties to your home country become invalid. The officer realized that you won't return to your home country, and if your Green Card application fails, you will remain in Canada.

I'm sorry to say it, but your case is screwed and they won't issue you any TRV anymore. They have that in their file, and if you reapply, that info will bite you back in the ass -- you have already made your intentions clear that you will not return back to your country. The only choice you have is to hope that your Green Card gets approved and then reapply or have your GF marry you and get sponsored.

 

[Pippin]

I think Kato may be right. Although it is so darned frustrating. You probably thought it a good idea to include the bit about the US to show he was granted admittance to the US without a problem. You just never know how they are going to choose to interpret the information.
It really annoys me that to "please" the VO, you should have to get married now as it might not be the time or place you would choose (wanting to have your famiy and friends present for the occasion which might be costly and difficult in another country) when all you really want is the opportunity for someone to VISIT!!!!
Another option is for your BF to apply under FSW, then he would be applying under his own merit and hopefully less discretion on the VO's part. If he worked in one of the NOC 29 occupations or has ability to get a job in an 0, A or B category occupation he could come in under PNP with your asssitance to locate a job for him.

 

[Lena1984]

Thank you guys so much for your advise, he has a job as a sales manager here and the company is waiting for him , he is suppose to get 1 year training here and then get relocated back to Central America where they want to open another branch.So we are going to get more evidence and a changed contract that states that he will leave the country after the termination of the visa. Keep your comments coming